T BALU Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) I. The Issue in lis: The issue of seniority of non-gazetted railway servants in the matter of interpretation of relevant rules is the point for consideration in this writ petition. II. Facts in brief:

(2.) THE transition from the period when steam loco Engineers were trained as diesel/electrical engineers in railways saw the times when several persons who were conversant with only operating steam loco engines were required to be treated as surplus. THE erstwhile rank of kalasi helpers were trained and promoted as diesel assistants. But all of them could not be absorbed immediately. Petitioners 1 to 4 were all working in Madurai division as also private respondents 6 to 21. THE petitioners admittedly were appointed between the years 1981-83, while the private respondents were appointed subsequently in 1984 and afterwards as juniors to the petitioners. THE petitioners had also obtained training earlier to the private respondents and had also officiated as diesel Assistants. On 4.11.1988, the Chief Personal Officer issued orders to the petitioners as well as private respondents having selected them for the post of Diesel Assistants after training and posted them in different division against existing vacancies. It was followed up soon by provisional empanelment and posting to the divisions noted against each one of the selected candidates. THE list dated 4.11.1998 was subject to certain conditions which were, inter alia,

(3.) TO understand the contentions of the petitioners' claim in relation to rules and for their proper understanding, it would be fruitful to reproduce the relevant rules in the Railway Establishment Manual. Para 303: The seniority of candidates recruited through the Railway Recruitment Board or by any other recruiting authority should be determined as under: (a) Candidates who are sent for initial, training to training schools will rank in seniority in the relevant grade in the order of merit obtained at the examination held at the end of the training period before being posted against working posts. Those who join the subsequent courses for any reason whatsoever and those who pass the examination in subsequent chances, will rank junior to those who had passed the examination in earlier courses. (b) In the case of candidates who do not have to undergo any training in training school, the seniority should be determined on the basis of the merit order assigned by the Railway Recruitment Board or other recruiting authority. Para 304: When two or more candidates are declared to be of equal merit at one and the same examination/selection, their relative seniority is determined by the date of birth the older candidate being the senior. Para 305: When however a candidate whose seniority shall be determined under paragraphs 303 and 304 above cannot join duty within a reasonable time after the receipt of orders of appointment, the appointing authority may determine his seniority by placing him below all the candidates selected at the same examination/selection, who have joined within the period allowed for reporting to duty or even below candidates selected at subsequent examination/selection, who have joined before him. Rule 306: Candidates selected for appointment at an early selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305. Para 312: Transfer on request: The Seniority of Railway servants transferred at their own request from one railway to another should be allotted below that of the existing confirmed, temporary and officiating railway servants in the relevant grade in the promotion group in the new establishment irrespective of the date of confirmation or length of officiating or temporary service of the transferred railway servants. Note: (i) This applies also to cases of transfer on request from one cadre/division to another cadre/division on the same railway. (Rly.Bd. No.E(NG)1-85 SR 6/14 of 21..1.1986) (ii) The expression "relevant grade" applies to grade where there is an element of direct recruitment. Transfer on request from railway employees working in such grades may be accepted in such grades. No such transfers should be allowed in the intermediates grades in which all the posts are filled entirely by promotion of stall from the lower grade(s) and there is no element of direct recruitment." Para 320: Relative seniority of employees in an intermediate grade belonging to different seniority units appearing for a selection/non-selection post in higher grade. When a post (selection as well as non-selection) is filled by considering staff of different seniority units, the total length of continuous service in the same or equivalent grade held by the employees shall be the determining factor for assigning inter-seniority irrespective of the date of confirmation of an employee with lesser length of continuous service as compared to another unconfirmed employee with longer length of continuous service. This is subject to the proviso that only non-fortuitous service should be taken into account for this purpose. Note: Non- fortuituous service means the service rendered after the date of regular promotion after due process.