GENERAL MANAGER SOUTHERN RAILWAY Vs. P K VENKATARAMAN

JUDGEMENT

(1.) THESE writ appeals have been filed by the General Manager, Southern Railway, Madras, and the Railway Board, New Delhi, against the decision of Venkatadri. J. in W. P. Nos. 3026 of 1965 and 3110 of 1965 respectively. The petitioners in the two writ petitions are P. K. Venkataraman and T. N. Vijayarangam respectively, The main points were considered by the learned Judge in W. P. No. 3110 of 1965, and since the points in controversy were identical he followed the decision in W. P. No. 3110 of 1965 and disposed of W. P. No. 3026 of 1965. For the purpose of these appeals, we will briefly refer to the judgment in W. P. No. 3110 of 1965.

(2.) THE background of the writ petitions is set out in the judgment of the learned Judge (Venkatadri, J.) and therefore, it is not necessary to refer to it at any great length. But succinctly, it is this. During the period of the second World War, it was found extremely difficult to procure essential food-grains. To give relief to the railway employees, at the suggestion of the B. N. Rau Committee, grain-shops, where food-grains could be sold at cost price, were opened in an extensive scale, under the jurisdiction of the Deputy General Managers of the various railways in this country. This grain-shop organization was kept distinct from the other departments of the railways. There was a great demand for staff. The existing facilities for recruitment of staff were found inadequate. It may be mentioned that the pre-existing method of recruitment for the ministerial staff of the railway was done through the Staff Selection Board (S. S. B.) and the Joint Service Commission (J. S. C. ). The grain-shop organization itself being temporary staff was employed by it only on a temporary footing. Since the staff selected by the S. S. B. and J. S. C. and kept in the waiting list and the staff already in temporary service in the other branches of the railways were totally inadequate, the Deputy General Managers in charge of the grain shops were empowered to go into the open market, for making direct recruitment of the staff. It is also to be mentioned that for selection of candidates through the medium of the Staff Selection Board and. the Joint Service Commission, there were rules in force in regard to age and minimum educational qualifications. But owing to the large demand for staff, the Deputy General Managers in charge of grain-shop organization appear to have relaxed the rule about age and minimum educational qualifications, and recruited an appreciable number of candidates without these qualifications, on a temporary footing. The different classes of temporary staff which comprised of three categories of clerical staff are the following: (1) Staff recruited through the Staff Selection Board and the Joint Service Commission and already appointed temporarily in the other departments of the railways but transferred to the grain-shop organization; (2) Staff selected by the S. S. B. and J. S. C. with the requisite age and educational qualifications but kept in the waiting list for want of vacancies in the regular establishments of the railways but posted to the grain-shop organization on temporary footing; and (3) Staff recruited temporarily for the grain-shop organization, who were not borne on the common wailing list and who were recruited from the open market by the Deputy General Managers of the various railways. After some time, it was found that the grain-shop organization was working at a loss, A high-power committee, known as the Santhanam Committee, went into the question and decided upon the closure of the grain-shops. However, a decision was taken that the staff employed in the various grain-shops should be absorbed in the other departments of the railways. For the purpose of such absorption, several policy decisions were taken by the Railway Board, during a period of time which began from 24. 8. 1948 and ended with 2. 11. 1957, by the issue of successive orders.

(3.) WE are concerned, in these writ petitions, with a very limited question, viz. , how far open market recruits under class (3) above, recruited by the Deputy General Manager in charge of the grain-shop organization, can count their temporary service in the grain shop organization, for the purpose of seniority, after their subsequent absorption in the railway establishment. For dealing with the above question for decision, we will briefly trace the purport of the several orders of the Railway Board issued during the above period, affecting the temporary employees of the grain-shop organization, in the context of their absorption in the permanent regular establishments of the railways.