ARPAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As usual in all service disputes, so also in this Original Application, pleadings are too voluminous, but the points involved for our adjudication appear to be in a very narrow compass. That being so, we would give only such facts which are relatable to the controversy in issue, and would avoid unnecessary verbiage.

(2.) Anupam Kumar and twelve others, the applicants herein, were appointed as Senior Supervisors in Electrical Department. Thereafter they came to be appointed as Assistant Electrical Officers in Group B on different dates. Next promotion is through induction in Group A as Junior Scale Officers, in terms of para 209 (B) 1 of the Establishment Code 1985 of the Indian Railways, which reads as follows: Para 209 (B) 1 Promotion from Group B to Group A Junior Scale -Appointments to the posts in the junior scale shall be made by selection on merit from amongst group B officers of the departments concerned with not less than 3 years of non -function service in the Grade. Recruitment in Group A of the Electrical Engineering Department is done in terms of rule 4 of the Indian Railway Service of Electrical Engineers Recruitment Rules, 1962 (amended in 1979), relevant provision whereof reads as follows: Method of Recruitment Recruitments to the services shall be by the following methods: By competitive examination held in accordance with part II of these rules. By promotion of specifically qualified class II officers, including officiating class II officers of the Electrical Engineering Deptt. Not more than 40 percent of the vacancies shall be filled by departmental promotion. This percentage is likely to be varied from time to time, if found necessary.

(3.) It is in wake of the facts as fully detailed above that the present Original Application has been filed with the prayer to issue direction to the respondents to fill the additional 52 posts approved for filling up by the Railway administration on account of acute stagnation in the department of Electrical Engineering, and also for filling up the vacancies for the years 1993 and 1995 (19 and 13 respectively), DPC for which has not been convened yet, with all consequential benefits. The other prayer of the applicants is to extend the benefits of the judgment dated 23.09.2002 passed by the Honble Supreme Court by inducting the applicants and others belonging to Electrical Engineering Department as per rule 4 of the Recruitment Rules against the additional posts approved for filling up by the Railway Administration on account of acute stagnation in the department of Civil Engineering.