RAMCHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These four writ petitions arise in similar circumstances and raise common questions of fact and law and are, therefore, disposed of by a common order.

(2.) The petitioners in all these writ petitions were employed as Ticket Collectors in the Northern Railway. It appears that prior to the year 1960 all the petitioners were working as Ticket Collectors in the grade of Rs. 110 -180 (AS) The channel of promotion of ticket checking staff allowed the Ticket Collector in the grade 110 -190(AS) to be promoted as Ticket Collectors in grade 130 -212 (AS) or as Travelling Ticket Examiners in the same grade. They were also entitled to get further promotion as Ticket Collectors in the grade 150 -240 (AS) or as Travelling Ticket Examiners. also in the same grade of Rs. 150 -240 (AS) The Divisional Personal Officer. Northern Railway Jodhpur by his office order dated February 6, 1960 (Annexure R/1) invited options from the petitioners and the like upto February 15, 1960 as to whether they would seek their promotion in the channel of Ticket Collectors or in the other channel of Travelling Ticket Examiners. It appears that in the Jodhpur Divisional of the Northern Railway there was no post of Ticket Collector in the grade of 130 -212 (AS) to the year 1960 and as such the petitioners had an opportunity of setting promotion from the posts of Ticket Collectors in the grade of 110 180 (AS) directly to the posts of Senior Ticket Collectors to the grade of 150 -240 (AS), if they opted to seek their promotion in the channel of Ticket Collectors and that is why the petitioners exercised their option to the year 1960 in favour of seeking their promotion in the Ticket Collector channel. It is also common ground between the parties that the petitioners were promoted as officiating Senior Ticket Collectors in the grade of 150 -240 (AS) on different dates in the years 1961 and 1962, but all the four petitioners were confirmed as Senior Ticket Collector in the aforesaid grade by a common order passed by the Divisional Personnel Officer. Northern Railway, Jodhpur on November 9, 1964. The petitioners continued to work as Senior Ticket Collectors in the grade of 150 -240(AS) until the recommendations of the Third Pay Commission came into force. As a result of the recommendations of the Third Pay Commission and the acceptance thereof by the Union Government, the two grades of Ticket Checking Staff, Ticket Collectors and Travelling Ticket Examiners, namely 130 -212 (AS) and 150 -240 (AS) were merged into a single revised grade of 330 -560 (AS) The recommendations of the Third Pay Commission were implemented with effect from January 1, 1973 and as a consequence thereof, the petitioners who were then holding the posts of Senior Ticket Collectors in the grade 150 -240 (AS) continued to hold the said posts in the newly revised grade of 330 -530 (AS) At the same time, Travelling Ticket Examiners who were either working in the grade of 150 -240 (AS) or even in the lower grade of 130 -212 (AS) at that time were also given the uniform revised grade of 330 -560 (AS) with effect from January, 1, 1973. In November 1973 the petitioners submitted a representation to the Divisional Personnel Officer, Northern Railway, Jodhpur stating that on account of the amalgamation of the grades of Travelling Ticket Examiners, Senior Ticket Collectors and Senior Travelling Ticket Examiners in a unified revised grade of 580 -560 (AS), they may be posted as Senior Travelling Ticket Examiners to accordance with their seniority in the combined merged grade of 330 -560 (AS). The Divisional Personnel Officer accepted the request of the petitioners and by his order dated February 13, 1974 (Annexure 4) transferred and posted the petitioners from the posts of Senior Ticket Collectors to that of Senior Travelling Ticket Examiners on the same pay and in the same grade, while some other persons, who are alleged to be junior to the petitioners in the unified revised grade of Travelling Ticket Examiners, Senior Ticket Collectors and Senior Travelling Ticket Examiners, were posted as Senior Ticket Collectors in place of the petitioners. By a subsequent order dated June 5, 1974 the Divisional Personnel Officer clarified that the transfers and postings made by his earlier order dated February 13, 1974 any be treated to have been made on ad hoc basis only. It appears that the Travelling Ticket Examiners made some representations to the higher authorities and the Headquarters office of the Northern Railway at Delhi examined the matter and took the view that the staff appointed as Ticket Collectors prior to July 12, 1962 should continue in the channel of Ticket Collectors only, on the basis of the options already exercised by them, even though a single merged grade was constituted as a result of the revision of the scales of pay. On the basis of these directions of the Head quartets Office the Divisional Personal Officer, jodhpur revised his earlier order, by his subsequent order dated April 2, 1976 (Ex 6) and once again reposted the petitioners on their original posts of Senior Ticket Collectors, on the ground that they had already exercised their options for promotion in the channel of Ticket Collectors and that the question of offering them a fresh opportunity of exercising a further option regarding the channel of pro motion shall arise only at the time when they would become due for further promotion in the higher grade.

(3.) It in against the aforesaid order of the Divisional Personnel Officer dated April 2, 1975 (Ex 8) reposting them as Senior Ticket Collectors that all the four petitioners have filed separate writ petitions before this Court.