UNION OF INDIA Vs. MAHENDER KUMAR

JUDGEMENT

(1.) TECHNICIAN on 06.09.1986 and was subsequently promoted to Grade -II and thereafter to Grade -I. For filling up the posts of Master Crafts Man (MCM) in the grade of Rs.1400 -2300, a circular dated 09.05.1997 was issued by the Department. Respondent no. 1, who belongs to Scheduled Caste category, competed for selection against the said post. He qualified the trade test and on the basis of his service record and confidential reports, his candidature was approved by the Selection Committee. Accordingly, a notification dated 24.06.1997 was issued. Subsequently, vide order dated 19.10.2001, respondent no. 1 was appointed as Junior Engineer -II (JE -II) in the grade of Rs.5000 -8000. As may be expedient to point out here, the pay scale/grade for the post of MCM as well as that of JE -II is Rs.5000 -8000. The next promotion from the cadre of JE -II is to JE -I i.e. to the post of Assistant Signal and Telecommunication Engineer (ASTE). That is a Group -B post. Posts of MCM and JE -II, in the scale of Rs.5000 -8000, are in Group -C. Respondent no. 1, considering himself to be eligible to compete for the promotion to the post of ASTE, requested petitioner no. 4 to allow him to appear in the written test. Vide letter dated 25.07.2003, petitioner no. 4 allowed respondent no. 1 to provisionally attend pre -selection training for counseling him to prepare for the written test. In the meanwhile, Assistant Personnel Officer, Diesel Component Works (DCW), Patiala, referred the matter to the Railway Board, New Delhi, for a clarification as to whether the service of respondent no. 1 as MCM in the scale of Rs.1400 -2300 could be considered or clubbed with his service as JE -II in the scale of Rs.1400 - 2300 to qualify for three years non -fortuitous service in the said scale. In response, vide letter dated 07.10.2003, a clarification was rendered that the post of MCM cannot be considered equal to the post of JE -II even though the scales of pay for the two posts were same. It was also clarified that the post of MCM is held on personal basis and in fact, the MCM are eligible for promotion as JE -II based on their seniority. As is discernible from the records, respondent no. 1 still made a few representations to the Department reiterating his view point, but to no avail. However, vide letter dated 21.09.2004, respondent no. 1 was declared ineligible to appear in the written test for promotion to the post of ASTE. Since the written test was slated to take place on 06.10.2004, respondent no.1 approached the Central Administrative Tribunal, Chandigarh (for short ­ the Tribunal), vide O. A. No. 900/PB/2004. Accordingly, he assailed the clarifications issued on behalf of the Railway Board, declaring him ineligible and prayed that he be declared eligible and the Department be directed to allow him to participate in the promotion process.

(2.) THE petitioners (Department), in the reply filed by them, stated, inter alia, that the post of ASTE is not classified as Group -A or Group -B. The same could be filled by the Department by way of direct appointments through UPSC and the candidate selected, pursuant to the said process, would be in Group -A. Alternatively, the said post could also be filled from out of Group -C staff by way of promotion and the candidate selected as a result of the said process is designated as Group -B Officer. It was asserted that a notification to fill up one post of ASTE Group -B against 70% rankers' quota was issued on 10.07.2003. And in terms of the instructions issued by the Railway Board, a candidate must have rendered three years of non - fortuitous service as JE -II in the scale of Rs.5000 -8000 and above. It was maintained that respondent no. 1 was not considered eligible as he had not rendered requisite three years of service as JE -II on the date of notification i.e. 10.07.2003, since he was promoted as JE -II on 19.10.2001 and thus, he had only 01 year 08 months and 21 days' service. Further, respondent no. 1 held the post of MCM on personal basis.

(3.) THUS , the short issue, arising for consideration of the Tribunal was whether the service rendered by respondent no. 1 as MCM could be considered and counted towards three years' required service and if yes, whether he was eligible to compete for promotion to the post of ASTE on the date of notification dated 10.07.2003.