UNION OF INDIA Vs. C.SASIKUMAR

JUDGEMENT

(1.) This writ petition has been filed to quash the order of the Central Administrative Tribunal, Chennai, made in O.A.No.310/00432/2021, dtd. 17/11/2023.

(2.) Heard Mr.AR.L.Sundaresan learned Additional Solicitor General of India assisted by Mr.V.Chandrasekaran learned counsel appearing for the petitioners and Mr.K.Manickaraj learned counsel appearing on behalf of the respondents.

(3.) The learned Additional Solicitor General of India appearing for the petitioners would submit that the respondents are all En-cadre employees on permanent basis at S&T Workshop, Podanur. By proceedings dtd. 9/4/1980, the issue relating to post in Production Control Organisation (PCO) at Podanur workshop was treated to be an En-cadre post w.e.f. 9/4/1980. The Railway Board by its proceedings dtd. 13/9/1984, had evolved a procedure by which the post in the PCO would be an Ex- cadre post, so as to draw Shop floor staffs as per requirement on tenure basis. The tenure of posting in the PCO would be five years and a staff retained in PCO beyond the said period of five years, would be given two extensions of six months each and they would also be entitled for a Special Pay admitted to the staff posted in PCO at the rate of 10% which also stood enhanced to 15% w.e.f., 1/8/1984. He would submit that with regard to the Southern Railway, the En-cadreing of post in the PCO wing was allowed to be continued. Thereafter, conscious decision had been taken to extend the Ex-cadreing of employees in various PCOs except S&T workshop at Podanur. He would submit that in the Shop floor cadre, the Technicians will have to compete for promotion and only 10% of the Technicians would reach the level of Supervisor by the time of attaining the age of superannuation.