SHIV KUMAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 9.8.2005, passed by the Central Administrative Tribunal, Patna Bench, Patna, in OA No. 718 of 1999 (Shiv Kumar Prasad and Ors. v. Union of India and Ors.), whereby the learned Tribunal has refused to interfere with the order dated 17.11.99 (Annexure 11), passed by the authorities reducing the scale of pay of the petitioner.

(2.) According to the writ petition, there are two levels of recruitment relevant in the present context. One of them is Traffic Inspector which is a generic name of that category of employees who, after their recruitment and completion of training, serve the Indian Railways as Assistant Station Master, Assistant Yard Master, Traffic Inspector and Section Controller. This category is not relevant in the present context, and we may not pursue it further. The other category is relevant in the present context, namely, Commercial Apprentice which once again is the generic expression who, after recruitment and prescribed training, are given different assignments like Assistant Claims Inspector/Supervisor, Assistant Commercial Inspector, Assistant Rates Inspector (Goods & Coaching), etc. Until 15.5.1987, the entire recruitment to the category of Commercial Apprentice was by promotion from the next lower grade. The Indian Railways issued a memorandum on 15.5.87 whereby it brought about some changes in the recruitment of Traffic/Commercial Apprentices - one of the changes being that on and from 15.5.1987 the recruitment of these apprentices would be made in the pay scale of Rs. 1600-2660 (this scale earlier was Rs. 1400-2300) and, instead of all the posts being filled up by promotions, ratio of promotees was made 75%, and of the remaining 25%, 10% were required to come through Railway Recruitment Boards and 15% on the basis of Limited Departmental Competitive Examination. The pre-1987 apprentices laid their claim for the higher scale of pay on the basis of 1987 memorandum; and it is this claim which has come to be allowed by the majority of the CATs. In other words, the new mode and manner of recruitment and the quota allotted to the three groups enforced with effect from 15.5.1987.

(3.) A brief statement of facts giving rise to the present writ petition may be indicated. The petitioner was appointed as Coaching Clerk by order dated 5.11.82 (Annexure 2). He was subsequently considered and promoted as Commercial Supervisor in pay scale of Rs. 1400-2300, and thereafter to the post of Commercial Superintendent Grade-II in the pay scale of Rs. 1600-2660 by order dated 7.4.92 (Annexure 3). It appears from the record that for consideration of promotion to the next higher scale of Rs. 1600-2660 written test and interview was conducted. The department identified four posts, three of them belonged to the general category whereas one post was reserved for the category of Scheduled Tribe. In terms of the Railway Circular, a selection process appears to have been undergone in which the petitioner appeared and was declared successful as would be evident from the order dated 22.3.96 (Annexure 4). Annexure 6 is another document on record which indicates that after having been subjected to written test followed by interview the petitioner was declared successful and was empanelled. By order dated 21.8.1996 (Annexure 7) the petitioner along with others were posted/appointed to the next higher post of Commercial Inspector Grade -I in the unrevised pay scale of Rs. 2000-3200. The petitioner continued to officiate on the said post since 1996. On 1.4.99 the final gradation list of the employees like the petitioner serving in the commercial wing of the East Central Railway was published. Name of the petitioner figured at sl. No. 2. In the light of the judgment rendered by the Supreme Court in the case of Union of India v. M Bhaskar, 1996 4 SCC 416, a notice dated 5.10.99 was served on the petitioner whereby he was called upon to explain as to how he was granted the pay scale of Rs. 1600-2660 and as to why his promotion to the next higher scale, i.e. Rs. 2000- 3200 making him senior to his seniors, be not cancelled and reverted to lower scale of pay. Cause was shown by the petitioner by his representation contained in Annexure -10. On a consideration of his representation, the impugned order dated 17.11.99 (Annexure 11) has been passed, whereby the petitioner has been reverted to the next lower scale of Rs. 6500-10500. It further clarified that his reversion would not result in recovery of amount already paid. Aggrieved by the order, the petitioner moved before the Tribunal in OA No. 718 of 1999 which has been rejected. Hence the writ petition.