Central Administrative Tribunal - Delhi
Sh. Ravi Kumar vs Union Of India on 11 July, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No.4268/2011
M.A. No. 895/2012
Reserved On:09.07.2012
Pronounced On:11.07.2012
Honble Mrs. Meera Chhibber, Member (J)
Honble Mrs. Manjulika Gautam, Member (A)
Sh. Ravi Kumar,
S/o Sh. Mohan Lal,
R/o 203/B-1, West Central Railway
Colony, Tughlaqabad,
New Delhi-110044. .. Applicant
(By Advocate: Sh. R.K. Shukla)
Versus
1. Union of India
through the General Manager,
West Central Railway Headquarter, Jabalpur,
M.P.
2. The Divisional Railway Manager
(Establishment)
Kota, Rajasthan.
3. The Divisional Personnel Officer
Establishment, Kota, Rajasthan.
4. The Senior Divisional Electrical
Engineer Traction Rolling Stroke.
Electric Loco Shed, West Central Railway,
Tughlaqbad, New Delhi. . Respondents
(By Advocate: Sh. Rajinder Khatter)
ORDER
Honble Mrs. Meera Chhibber, Member (J) Applicant has challenged Notification dated 7.1.2010 and orders dated 24.8.2011 and 5.10.2011 with a further prayer that respondents be directed to make such a criteria in the Notification dated 7.1.2010 that even those employees who are working in the Electric Loco Shed, Tughlaqabad with effect from 1996 should be given relaxation on the pattern of those employees who were employed on or before 12.8.2002 since they were required to have educational qualification only up to 10th standard, so that applicant may be considered by the respondents in accordance with law and give him promotion, if he is found suitable otherwise.
2. The brief facts stated by the applicant are that he was appointed Khalasi in the year 1993 through direct recruitment and was posted at Patiala, Punjab in Diesel Component Work Establishment. In 1996, applicant was transferred at Tughlaqabad in Electric Loco Shed and since then he has been working in the above said Loco Shed under Senior Division Electrical Engineer. Applicant was allowed to appear in the Departmental Examination under 25% quota and after he was found suitable, he was promoted as Electric/Technician Grade-III in the year 2003.
3. On 7.1.2010, a Notification was issued by the DRM, West Central Railway for filling up 6 pots of Junior Engineer Grade-II under 25% quota out of which 4 pots were meant for general category, while one post was reserved for SC and the other for ST. In this Notification the educational qualifications for the post of Junior Engineer Grade-II were prescribed as follows:-
matriculation with ITI or 12th standard education with science adding ITI in respective trade to those who were appointed after 12.08.2010 as technician grade-III but who were appointed technician grade-III on 12.08.2002 or were employed as on 12.08.2002, the educational qualification was matriculation meaning thereby for these categories relaxation was given in terms of Railway Board letter dated 01.11.2006 and they were given two chances to appear in the test of J.E. Grade-II. In clause 2 of the notification dated 07.01.2010, it has been averred that the candidate must be three years regular service in the grade of technician gradeIII, i.e. under PB-1, 5200-20200 plus 1900 grade pay.
4. It is submitted by the applicant that he was working in the above grade since June, 2003 and had completed 8 years of regular service as Technician Grade-III, yet when he applied for the post of Junior Engineer Grade-II, his name was not included in the short listed candidates issued on 24.8.2011. His candidature has been rejected on the ground that he does not have requisite qualification of ITI with respective trade and his name was shown at Sl.No.7 in the list of ineligible candidates. Being aggrieved, he gave a representation but that too has been rejected without assigning any reasons, therefore, he had no other option but to file the present OA on the ground that he had been working in the Electric Department since 1996. He has thus gained lot of experience in the Electric Department. He has worked in the Electric Department for more than 15 years, therefore, there is no justification in depriving the applicant from appearing in the test for the post of Junior Engineer Grade-II.
5. He has further submitted that the educational qualifications for those Technicians Grade-III who had joined before 12.8.2002 has been limited to 10th standard, meaning thereby relaxation has been given to them. There is no justification to deny this relaxation to the applicant who was promoted in the year 2003 as Technician Grade. Applicant has thus prayed that the OA may be allowed.
6. Respondents have opposed this OA. They have stated applicant was appointed as Khalasi in the Diesel Component Work Patiala in 1993. It was at applicants own request that he was transferred on 23.1.1996 at Tuglakabad in the Electric Loco Shed, as such he was assigned the bottom seniority as per rules.
7. They have further stated that respondents had initiated selection for six posts of Junior Engineer grade-II against 25% LDCE quota (Apprentice Mechanic Quota) wherein all the terms and conditions including educational qualifications were clearly mentioned. Applicant was not eligible as per Railway Boards instructions dated 25.8.2003, hence he was not called for the examination. They have specifically stated that applicant does not possess the qualification of 12th standard with Science stream nor he has educational qualifications of ITI/Act Apprenticeship (Respective Trade), i.e., Electric Trade. They have thus prayed that the OA may be dismissed.
8. We have heard both the counsel and perused the pleadings as well.
9. It is relevant to note that Notification dated 7.1.2010 clearly laid down the educational qualifications which read as under:-
Educational Qualification: In Terms of Railway Board letter No.E (NG) 1-99/PM/7/17 dated 23.10.2006, the educational qualification, matric is required for those workers who were employed as Technician Grade-III on or before 12.8.2002. This relaxation is given in terms of Railway Board letter dated 1.11.2006 only for 2 selections and those workers who were employed after 12.8.2002 as Technician Grade-III to them, the educational qualification of ITI/Act Apprenticeship (Respective Trade) or 12th standard (10-2) education with Science Stream is required.
It is also mentioned in the Notification itself that these posts are meant for Electric Department. Reference was made to Railway Boards letter dated 23.10.2006 which deals with Intermediate Apprenticeship Mechanics in the category of Junior Engineer Grade-II in various departments in the pay scale of Rs.5000-8000. Perusal of same shows that qualifications for JE Grade-II were revised on 12.8.2002. It was thus decided vide Railway Boards letter dated 23.6.2003 that such existing staff in service as on 12.8.2002, who were eligible with pre-revised qualification of Matriculation, may be allowed to appear in two more consecutive selections from 1.11.2000 onwards (page 51) whereas applicant, admittedly, was promoted as Technician Grade-III on 6.6.2003, i.e., after the cut-off date of 12.8.2002, therefore, this concession/relaxation was not applicable to the applicant. It is also relevant to note that after applicant was promoted as Electric Technician Grade-III, Railway Board had issued another letter dated 25.8.2003 which for ready reference reads as under:-RBE No. 145/2003
No. E(NG)/I/99/PM7/17 dated 25/08/2003 Subject :- Selection of Intermediate Apprentices from amongst Skilled Artisans for absorption as JE Gr. II in the pay Scale of Rs. 5000-8000 in various departments.
Attention is invited to this Ministrys letter of even number dated 12.08.2002 (RBE 136/2002) wherein the educational qualification of Matriculation was revised to ITI/Act Apprenticeship pass or 10+2 in Science Stream for appearing in the selection for induction as Intermediate Apprentice Mechanics in the category of JE Gr.II in the pay scale of Rs.5000-8000 in all departments wherever the system of Induction of Inter Apprentice from serving employees is prevalent. It is clarified that the qualification of ITI/ Act Apprenticeship should be in the trades relevant to the post of JE II for absorption in which the selection is conducted.
2. Indian Railway Establishment Manual (IREM) Vol.I, 1989 should also be amended as in the Advance Correction Slip No. 151 enclosed.
meaning thereby that from 25.8.2003, it was made mandatory that if an ITI Apprentice wanted to be considered for the post of JE Grade-II, he should have passed ITI in the relevant trade and it is quite obvious, if a person wants to be appointed in the electric department, the least that is excepted is that the person must have done his Apprenticeship in the said trade. This letter has not been challenged by the applicant. So long the qualifications for the post were prescribed by the Railway Board and applicant did not fulfill them, no case is made out for interference by the Tribunal specially when these rules have not been challenged by the applicant. Simply because applicant had worked in the Electric Department on his own request, no direction can be given to the respondents to consider him de hors the rules. It is not a case where applicant was transferred from Mechanical side to the Electrical side by the respondents, on their own, but applicant had himself sought transfer to the Electric Department, therefore, he cannot say that respondents had transferred him from the Mechanical to the Electrical side. Since applicant does not fulfill the requirement of the rules, we find no merit in the OA. The same is accordingly dismissed. No costs.
(Mrs. Manjulika Gautam) (Mrs. Meera Chhibber)
Member (A) Member (J)
Rakesh