M SREENIVAS REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are working as Constables in Railway Protection Force appointed on various dates from 1998 to 2000. The third respondent who is the Chief Personnel Officer, South Central Railway, Secunderabad circulated a notification vide proceedings No. P/LE/228/New Zones/Vol.l, dated 04-06-2004 inviting option from Group-C staff having graduate qualification (Technical/non-technical categories) to join as Ministerial Staff in the time-scale of Rs. 3050-4590 RS (RP) on bottom seniority as Junior Clerks on permanent basis as a change of Cadre from one category to another category at North Eastern Division. The last date for exercising the option was fixed as 30-06-2004. The Divisional Security Commissioners forwarded all the applications submitted by the petitioners to the second respondent instead of sending them to the third respondent. The last date for forwarding the applications to the third respondent was 12-07-2004. The second respondent instead of forwarding the applications to the third respondent declined to forward those applications through proceedings No. X/P.95/Policy dated 12-07-2004 on the basis of the first respondent's proceedings viz., Railway Board's letter No. E(NG)l/2002/PM2/9 dated 11-8-2003, (RBE No. 139/2003) and letter No. E(NG)l/2002/PM2/9 dated 24-3-2004 (RBE No. 64/04), which are based on the judgment of the Central Administrative Tribunal, Principal Bench, New Delhi vide O.A. No. 2661 of 2003. The petitioners being aggrieved by the action of the second respondent in issuing the proceedings dated 12-7-2004 basing on the first respondent's letters dated 11-8-2003 and 24-3-2004 approached this Court for issuing a writ of Mandamus holding them illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) It is an undisputed fact that the petitioners are working as Constables in the Railway Protection Force. They are under the administrative control of the Director General and under the overall supervision of the General Manager, South Central Railway, Secunderabad. The General Manager issued a notification dated 4-6-2004 providing the facility of option to the Group-C staff to those who possess Graduate Degree (Technical/non-technical categories) to join as ministerial staff in the time-scale of Rs. 3050-4590 RS (RP) on bottom seniority. In the said notification the General Manager mentioned that it is decided to extend the facility of option to all the graduates (technical/non-technical categories) working in Group-C posts to work as ministerial staff i.e., Junior Clerks on permanent basis as a change of cadre from one category to another at "NED" subject to certain conditions. It was further mentioned in the said notification that this is a rare opportunity extended as one time dispensation for change of category to all technical and non-technical categories (other than running staff) to opt for ministerial category on bottom seniority. He further mentioned that there is likelihood of better chances of promotion on NED Division in the ministerial cadre due to availability of vacancies. It was also mentioned that this factual position may be brought to the notice of the concerned duly giving wide publicity as no staff should feel that they have lost the opportunity because of unawareness of this letter. The General Manager further mentioned in the notification that options exercised before 30-6-2004 should be forwarded to the Divisional Head Quarters before 5-7-2004 and the Divisional Head Quarters should forward the same through SPO/Rules in a bunch by 12-7-2004. The said notification was marked to GS/SCRE Sangh/SC, GS.SCRM Union/SC, SC/ST Association/SC, All SPOs and APOs in Head Quarters for the purpose of information.

(3.) The petitioners made their applications within time by opting for ministerial cadre on bottom seniority and submitted them to the Divisional Security Commissioner and he forwarded those applications to the second respondent. The second respondent instead of forwarding those applications to the third respondent issued a proceeding dated 12-7-2004 mentioning as follows: With reference to the above, it is to inform that the RPF staff are not permitted to opt for the post of Jr. Clerk vide reference cited above in the light of Board's letter No. E(NG)I/2002/ PM2/9 dated 11-08-2003 and Lr. No. 2003/Sec(E)/PM-3/3 dated 16-2-2004 circulated vide this office letter of even No. dated 9-5-2003 and 27-2-2004 respectively. In view of the above position, the applications of RPF staff forwarded by the divisions for the post of Junior Clerks in NED division are returned herewith. The staff may be informed accordingly. This issues with the approval of CSC/SC.