Central Administrative Tribunal - Jabalpur
Ratnakar Dalai vs M/O Railways on 27 July, 2018
1 OA No.200/00341/2018
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00341/2018
Jabalpur, this Friday, the 27th day of July, 2018
HON'BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
1. Ratnakar Dalai Son of Late Shri Baidhar Dalai Date of Birth
01.10.1958 Mob.No.9752418721 Presently holding the post of
Chief Movement Inspector West Central Railway Jabalpur
Division R/o Millennium Colony South Civil Lines, Jabalpur
482001
2. Mukesh Kumar Tiwari, S/o Late Shri S.K. Tiwari Date of Birth
8th July 1959 Mob.No.9752415924 Presently holding the post of
Chief Controller WCR Head Quarter, R/o Bunglow No.E-109
South Civil Lines Jabalpur 482001
3. Sushil Mathur, S/o Late Shri J.N. Mathur, Date of birth
29.03.1959 Mob.No.9752418946 Traffic Inspector Sagar (M.P.)
R/o RB-4 Railway Colony, Near Dimple Petrol Pump Sagar (M.P.)
470001 -Applicants
(By Advocate -Shri S.K. Nandy)
Versus
1. Union of India, Through its General Manager West Central
Railway Head Quarter Near Indira Market Jabalpur (M.P.) 482001
2. Principal Chief Personal Officer Headquarter West Central
Railway Office of General Manager Near Indira Market Jabalpur
(M.P.)482001
3. Principal Chief Operations Manager, Office of General Manager
West Central Railway, Head Quarter Near Indira Market Jabalpur
(M.P.) - Respondents
(By Advocate -Shri S. Ganguly)
Page 1 of 10
2 OA No.200/00341/2018
ORDER
By Ramesh Singh Thakur, JM:-
This Original Application has been filed by the applicants against the order dated 02.04.2018 (Annexure A-1) passed by the respondents in compliance of the interim order passed by this Tribunal in O.A. No.200/302/2018.
2. The applicants in this Original Application have prayed for the following reliefs:-
"8(i). Summon the entire relevant record from the respondents for its kind perusal.
8(ii) Set aside the order dated 02.04.2018 (Annexure A-1) by which the respondents have illegally stopped the entire process selection issued vide notification dated 06.10.2017 by misreading the interim order dated 02.04.2018 in O.A. 200/302/2018.
8(iii) Command the respondents to follow the interim order passed in O.A. No.200/302/2018 in its true pith and substance and letter and substance and to proceed further with viva-voce only against unreserved candidates.
8(iv) Any other order/orders, which this Hon'ble Court deems fit and proper may also be passed."
3. Precisely the case of the applicants is that the applicants were initially appointed as Assistant Station Master, Trains Clerk and Traffic Apprentice with the respondent-department w.e.f.16.12.1981, 25.03.1980 and 24.06.1987 respectively. The applicants are holding the post of Chief Movement Inspector, Chief Controller and Traffic Inspector respectively. The procedure for Page 2 of 10 3 OA No.200/00341/2018 promotion to the post of Assistant Operating Manager (for short 'AOM') is being filled by two modes i.e. under the mode of 70% LGS quota wherein seniority is given due weightage thereafter merit and 30% posts are filled by LDCE quota. The post of AOM in the grade pay of Rs.4800 at Level 8 is being filled amongst the person holding the grade pay of Rs.4600/- in the operating department of W.C.R. All the employees in the feeder cadre working on the post of Grade Pay of Rs.4600/- in the operating department of the entire group i.e. WCR including Kota Division, Bhopal Division and Jabalpur Division are eligible to participate under the provisions of 70% LGS quota and 30% LDCE quota. The respondent-department has issued notification dated 06.10.2017 (Annexure A-4) for selection to the post of A.O.M./ATM in Group 'B' Grade Rs.9300-34800 Grade Pay of Rs.4800/- Pay Band 2 (Level-8) against 70% LGS quota in which 6 posts have been earmarked for unreserved candidates and the respondents by following the reservation roaster has earmarked one post for SC candidate and one post for ST candidate. In pursuance to the said notification the respondents have proceeded to conduct the selection for 8 posts advertised under 70% LSG quota. In sequence of the same, the respondent-department has issued a list of eligible willing candidates who have given their willingness and Page 3 of 10 4 OA No.200/00341/2018 as per the rules for appearing in the Group 'B' under 70 % LGS quota and 24 employees have been found eligible who have given their willingness as per Para 215 of IREM and these candidates have been called by following 3 x formula and two candidates have been called as against the fail candidates amongst the 24 candidates. The main written test was conducted on 13.01.2018 and supplementary written test on 25.01.2018 and result of the written examination dated 13.01.2018 and 25.01.2018 was declared on 15.02.2018 (Annexure A-5). Therefore another notification was issued on 27.03.2018 (Annexure A-6) to the effect that the employees who have passed the written examination for selection to the post have been called to take part in viva-voce going to be held on 03.04.2018. As per earlier notification dated 06.10.2017 total posts advertised was 8 amongst which 2 posts have been notified for SC/ST candidates each.
4. Earlier Shri Satya Narayan Verma filed O.A.No.200/302/2018 inter-alia challenging the inaction on the part of the respondents i.e. Railway in providing reservation in promotion which was against the principles enumerated by the constitutional Bench judgment passed by the Hon'ble Apex Court in the case of M. Nagraj vs. Union of India and others (2006) 8 Page 4 of 10 5 OA No.200/00341/2018 SCC 212. This Tribunal by following the judgment has passed the order to the following effect:
"Prima facie, it is clear that this notification is in contravention to the judgment passed by the Hon'ble Supreme Court in the case of M. Nagraj (supra). Therefore, as in interim measure, the respondents are directed not to give effect to the Annexure A-1 qua the categories of Scheduled Caste and Scheduled Tribes, until further orders."
5. After the interim order passed by this Tribunal, the respondent-department has issued notification dated 06.10.2017 and the process has been kept in abeyance. The main ground of the applicants are that despite the interim order dated 02.04.2018 (Annexure A-2) passed by this Tribunal in O.A. No.200/302/2018, the replying respondents have passed notification dated 02.04.2018 (Annexure A-1). The replying respondents have mis-considered the interim order passed by this Tribunal. So, the annexure Annexure A-1 is contrary to the order passed by this Tribunal and the action of the replying respondents in staying the interim process, selection of AOM under 70% LGS is bad in law.
6. The replying respondents have filed their short reply. It has been specifically submitted by the replying respondents that notification to the post of AOM Level 8 of Operating Department has been issued vide letter dated 06.10.2017. The total vacancies of LGS 70% are 08 in which 6, 01, and 01 vacancies are of unreserved, Scheduled Caste and Scheduled Tribes respectively, Page 5 of 10 6 OA No.200/00341/2018 has been prescribed. List of 60 employees, was arranged in the order of integrated seniority for calling applications from the candidate (as per rules) was issued along with notification. The list of 26 willing candidates and 19 non willing candidates was issued vide letter dated 17.11.2017. All eligible candidates were called to appear in written test held on 13.01.2018 and supplementary written test held on 25.01.2018. Result of 24 candidates found successful in written exam was issued vide letter dated 15.02.2018. After qualifying written test and medical examination, candidates were call for assessment of records of service and viva voce on 03.04.2018 vide office letter dated 27.03.2018. It has been mentioned that vide order dated 02.04.2018 of this Tribunal whereby the respondents are directed not to give effect to the Annexure A-1 qua the categories of Scheduled Caste and Scheduled Tribes, until further orders. Thereafter the replying respondents vide letter dated 02.04.2018, the selection of the post of AOM, LGS postpone interview/viva voce which was to be held on 03.04.2018 as per the order dated 02.04.2018 passed by this Tribunal in OA No.200/302/2018. The authorities have also referred the matter to Railway Board on 04.04.2018 followed by reminder dated 25.02.2018. It has been further submitted by replying respondents that as per Board's letter dated 24.06.1999, Page 6 of 10 7 OA No.200/00341/2018 SC/ST candidate can be selected for general candidate and the Railway provides reservation as per the policy issued time to time from Railway Board. As per RBE No.1117/16 dated 30.09.2016, the Railway Board's has observed that RBE No.126/2010 dated 01.09.2010, be kept in abeyance with immediate effect till further advice, and all future promotions of reserved category persons to unreserved posts will now be made by ignoring Railway Board's RBE No.126/2010 dated 01.09.2010 which in turn was based upon the DoPT's O.M. dated 10.08.2010. However, all promotions thereafter are subject to outcome of the pending main SLPs. In these circumstances, the decision taken by the replying respondents is just to avoid any complication.
7. The applicants have filed rejoinder and have reiterated its earlier stand in the Original Application.
8. We have heard the learned counsel for both the parties and also gone through the documents attached with the Original Application.
9. At the outset, it is clear that the applicants are seeking direction from this Tribunal for quashing and setting aside the order dated 02.04.2018 (Annexure A-1) by which the respondents have illegally stop the entire selection process vide notification dated 06.10.2017 by misreading the interim order dated 02.04.2018 Page 7 of 10 8 OA No.200/00341/2018 passed in O.A. No.200/302/2018. The relevant portion of interim order is as under:-
"Prima facie, it is clear that this notification is in contravention to the judgment passed by the Hon'ble Supreme Court in the case of M. Nagraj (supra). Therefore, as in interim measure, the respondents are directed not to give effect to the Annexure A-1 qua the categories of Scheduled Caste and Scheduled Tribes, until further orders."
10. In the present case, the only question for determination is that whether Annexure A-1 is in contravention of our order dated 02.04.2018. It is clear in our order that the respondents are directed not to give effect to the Annexure A-1 (O.A. No.200/302/2018) qua the categories of Scheduled Caste and Scheduled Tribes, until further orders. The submission of the applicants that the order dated 02.04.2018 (Annexure A-1) issued by the respondents is illegal whereby the whole process of selection have been stopped for the selection due to misreading of the interim order of the Tribunal. We made it clear that this Tribunal has not restrained the respondent-department to not to proceed with the selection process. Rather our interim order is only to not to give effect to the selection process qua the categories of Scheduled Caste and Schedule Tribes. It is for the respondent-department whether to continue with the process or to take otherwise. It is the wisdom of the respondents either to proceed further after compliance of our order or to stop Page 8 of 10 9 OA No.200/00341/2018 the process in toto. In the reply filed by the respondents it has been clearly mentioned that the authorities vide letter dated 02.04.2018, has postponed the selection of the post of AOM, LGS interview/viva voce which was to be held on 03.04.2018 as per the order dated 02.04.2018 passed by this Tribunal in OA No.200/302/2018. Thereafter the authorities have also referred the matter to Railway Board on 04.04.2018 followed by reminder dated 25.02.2018. It has been specifically submitted by replying respondents that as per Board's letter dated 24.06.1999, SC/ST candidate can be selected for general candidate and the Railway provides reservation as per the policy issued time to time from Railway Board. As per RBE No.117/16 dated 30.09.2016, the Railway Board's has observed that RBE No.126/2010 dated 01.09.2010, be kept in abeyance with immediate effect till further advice, and all future promotions of reserved category persons to unreserved posts will now be made by ignoring Railway Board's RBE No.126/2010 dated 01.09.2010 which in turn was based upon the DoPT's O.M. dated 10.08.2010. It has been further specifically submitted by the respondents that to avoid any complication, the decision was taken due to above circumstances to keep abeyance the whole selection process.
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11. So, as per the reply of the respondents it is clear that respondents have taken decision to avoid further complication in the selection process and has decided to issue the impugned order dated 02.04.2018 (Annexure A-1). It is clear from the reply of the respondents that there is no violation of our interim order dated 02.04.2018 and the grounds and the submission made by the applicant is not sustainable. It is pertinent to mention that it is the wisdom of the respondent to go with the further selection after compliance of our interim order as this Tribunal has not restrained the selection process in toto.
12. Resultantly, this Original Application is dismissed being devoid of merit. No costs.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
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