Central Administrative Tribunal - Patna
Dipesh Kumar Gope vs South Eastern Railway on 8 May, 2024
::1:: O.A. No. 051/00801/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
CIRCUIT BENCH AT RANCHI
O.A. No. 051/00801/2022
Reserved on: 14.03.2024.
Pronounced on: 08.05.2024
CORAM
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER [A]
HON'BLE MR. AJAY PRATAP SINGH, MEMBER [J]
1. Dipesh Kumar Gope, son of Late Ashok Kumar Gope, resident of Dwarika
Puri, Road No. 03, Chutia, P.O & P.S:- Chutia, Dist:- Ranchi
2. Manoj Kumar Singh, son of Late Jay Narayan Singh, resident of Road No.
4, Near Shiv Mandir, Vikash Nagar, Latma, P.O & P.S:- Hatia, Dist:- Ranchi
3. Sujit Kumar Pyne, son of Manoranjan Pyne, resident of Amrawati Colony,
Chutia, P.O & P.S:- Chutia, Dist:- Ranchi
4. Sonali Bhattacharjee, Daughter of Late Shubhnkar Bhattacharjee, resident of
Qr No. E-67/A, South Railway Colony, Chutia, P.O& P.S:- Chutia, Dist:-Ranchi
5. Balju Kumhar, son of Prem Chand Kumar, resident of Baramuri, Bamhandih,
P.O & P.S: Bamhandih, Dist:- Ranchi,
6. Anu Tirkey, Daughter of HemboTirkey, resident of Kolmbi, P.O & P.S:-
Nagri, Dist:- Ranchi
7. Manas Paramanik, son of Ashoke Kumar Paramanik, resident of Swatik
Aaloy, 5/c Pratapbagan, VTC Bankura (m), P.O & P.S:- Bankura, Dist:- Bankura,
West Bengal
8. Hira Lal Prasad Singh, son of Baban Prasad, resident of Qwa. No. DS-1/6/A,
Railway Colony, Hatia, P.O & P.S:- Hatia, Dist:- Ranchi
9. Sanjeet Gope, son of Umakant Gope, resident of Block:- Jagarnathapur,
Pokhariya Maluka, P.O & P.S:- Maluka, Dist:- West Singhbhum, Jharkhand
10. Jitendra Kumar Jha, C/o Lakhi Jha, resident of Q. No. DS II 116 D, Hatia
Railway Colony, P.O & P.S:- Hatia, Dist:- Ranchi,
.......... Applicants.
-Versus-
1. Union of India through its secretary, Ministry of Railway, Rail Bhavan, South
Block, P.O. + P.S. New Delhi, Dist: New Delhi
2. Railway board, Ministry of Railways (Govt. of India) through its secretary,
Rail Bhavan, South Block, P.O. + P.S.- New Delhi, Dist: New Delhi
3. General Manager, South Eastern Railways, Garden Reach P.O. Garden
Reach, P.S. -Garden Reach, Dist: Kolkata, West Bengal
4. Sr. Personnel Officer (Gaz.), Office of Principal Chief Personnel Officer,
South Eastern Railways, Garden Reach P.O. - Garden Reach, P.S. -Garden
Reach, Dist: Kolkata, West Bengal
5. Sr. Divisional Personnel officer, South Eastern Railways, Ranchi Division,
P.O Hatia, P.S. Jagarnathpur, Dist: Ranchi
6. Assistant Divisional Personnel officer, South Eastern Railways, Ranchi
Division, P.O - Hatia, P.S. - Jagarnathpur, Dist: Ranchi
::2:: O.A. No. 051/00801/2022
7. Additional Divisional Railway Manager, South Eastern Railways, Ranchi
Division, P.O - Hatia, P.S. - Jagarnathpur, Dist: Ranchi
8. Sr. Divisional Commercial Manager, South Eastern Railways, Ranchi
Division, P.O - Hatia, P.S. - Jagarnathpur, Dist: Ranchi
9. Ramraj Jat, Hatia Railway Station, P.O. Hatia, P.S.- Jaganathpur, District -
Ranchi, Jharkhand
10. Balindra Kumar, Tangarbansuli Railway Station, P.O.- Hatia, P.S.-
Jaganathpur, District - Ranchi, Jharkhand
11. Chandra Shekhar Kumar, Hatia Railway Station, P.O.- Hatia, P.S.-
Jaganathpur, District - Ranchi, Jharkhand
12. Krishna Kumar Nirala, Lodhma Railway Station, Ρ.Ο.- Lodma, P.S.-Nagri,
District - Ranchi, Jharkhand
13. Baijnath Verma, IILLOO Railway Station, P.O.-Nawadih, P.S.-Jhalida,
District - Purulia, West Bengal
14. Rumeet Kumar, Gola Road Railway Station, P.O.+ P.S.- Gola, District -
Ramgarh, Jharkhand
15. Rangeela Das, Parbotonia Railway Station, P.O.- Kutungia, P.S.-Jhaldega
(OP/ORGA), District- Simdega, Jharkhand
16. Prem Kumar, Muri Railway Station, P.O.+P.S.-Muri, District - Ranchi,
Jharkhand
17. Dindayal Upadhyay, Tiruldih Railway Station, P.O.- Sirkadih, P.S.-
Tiruldih, District- East Singhbhum, Jharkhand
18. Dilip Kachhap, Piska Railway Station, P.O. Piskanagri, P.S.-Pundag,
District-Ranchi, Jharkhand
19. Shrikant Kumar, P.O.+P.S. Chutia, Ranchi Railway Station, District -
Ranchi, Jharkhand
20. Shrikant Gupta, Pakra Railway Station, P.O.-Torpa, P.S.- Kamdera, District
- Gumla, Jharkhand
21. Dhanwant Raj, Ranchi Railway Station, P.O.+P.S.- Chutia, District -
Ranchi, Jharkhand
22. Ram Ajay Singh, Gola Road Railway Station, P.O.+ P.S.- Gola, District -
Ramgarh, Jharkhand
23. Manoj Kumar Mahato, Harubera Railway Station, P.Ο.- Ramgarh, P.S.-
Barlanga, District - Ramgarh, Jharkhand
24. Vinod Kumar Manjhi, Harubera Railway Station, P.Ο.- Ramgarh, P.S.-
Barlanga, District - Ramgarh, Jharkhand
25. Jai Prakash Ram, Torang Railway Station, P.O.- Torang (SO), P.S.- Jhalida,
District - Purulia, West Bengal
........Respondents
For Applicants:- Shri Mahesh Tiwary, Advocate
For Respondents:- Shri Rajendra Krishna Sr. Central Government
Standing Counsel for respondent no. 1 to 8
Shri P.D. Singh, Advocate for the respondent no. 9 to 25
::3:: O.A. No. 051/00801/2022
ORDER
AS PER AJAY PRATAP SINGH, MEMBER [JUDICIAL]
1. Grievance raised by present applicants by way of present Original Application filed under Section 19 of the Administrative Tribunals, Act 1985 to set-aside the Memo dated 03.10.2022, the panel for promotion to the post of Commercial-cum-Ticket Clerk against 33.33%, Departmental Promotion Quota (General Selection) in Level-03 as per 7th CPC Matrix of Commercial Department in Ranchi Division, South Eastern Railway. Consequently direct the respondents to re-draw the panel strictly accordance with terms of notification dated 18.02.2022, after considering the seniority accordance with the date of joining of the candidates.
PRAYER
2. Applicants have claimed following main relief(s) (as extracted from the OA) as under:-
"(i) The petitioners / applicants has filed the present application with a humble prayer for quashing of the Memo No. SER/P- RNC/EC/210/CCTC/33.33%/22/20 dt. 3.10.2022 by which the selection list of the candidate to be empanelled for the promotion to the post of Commercial-cum-Ticket Clerk in Level-3 against 33.33% Departmental Promotion Quota (General Selection) in Level -03 as per 7th CPC Pay Matrix of Commercial department in Ranchi Division has been published.
(ii) Applicants further pray that after quashing of the Memo No. SER/P-RNC/EC/210/ CCTC/33.33%/ 22/20 dated 03.10.2022 respondents be directed to prepare fresh panel strictly as per the notification dated 18.02.2022 and considering seniority as per the date of joining of the candidates.
(iii) Any other relief(s) which this Hon'ble Tribunal my deem fit and proper under the facts and circumstances of the case;"
FACTS IN BRIEF
3. Briefly, stated the facts as adumbrated by the applicants are that they are working on the post of General Assistant Commercial, Level-1 under the Commercial Department in Ranchi Division, South Eastern Railways. The Notification dated 18.02.2022 (Annexure-A/1) issued inviting applications for selection for promotion to the post of Commercial-cum-Ticket Clerk (in short CCTC) in level-3 against 33.33%, Departmental Promotional Quota (General- Selection) (in short DPQ) in the Commercial Department for the total vacancies 17 (UR-13, SC-3 & ST-1) with eligibility criteria- from staff of Level-1 and Level-2 including Safaiwalas of Operating and Commercial Departments. The cut-off date was date of notification for all purposes etc. i.e. 18.02.2022. The mode of selection would consist of written test of 85 marks and record of service ::4:: O.A. No. 051/00801/2022 15 marks, as the final panel shall be made in order of seniority of the qualified candidates. The clause 5 of the above notification relates to formation of panel- the candidate must secure 60% of marks in written test in case of SC/ST candidates, 10% relaxation in qualifying marks against reserve vacancies. The candidate must secure at least 60% of marks minimum in written exam and 60% marks in aggregate for being placed on the panel for UR vacancies.
4. Last para of clause no. 5-formation of panel of the notification further provides that in terms of RBE No. 43/2015 (Estt. Srl. No. 65/2015), panel being made as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supercede not more than 50% of total field of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of "Written test" and "Record of Service".
5. It is also the case of the applicants that respondents have prepared impugned panel dated 03.10.2022 (Annexure-A/4) for promotion to the post of "CCTC" in Level-03 against 33.33% D.P.Q. arranged in order of inter-se seniority at serial no. 2,3,5,6,7,9,11,15 being classified as outstanding and allowed to supercede not more than 50% above to their seniors in panel where is allowed.
6. The applicants also have made averments related to setting-aside impugned panel dated 03.10.2022 and to re-draw as condition in the clause no. 5 of the formation of panel as per RBE No. 43/2015 dated 05.05.2015 in the notification is unreasonable and arbitrary condition. Due to clause no. 5 of the notification, for formation of the impugned panel dated 03.10.2022, in the panel in question no one from the Level-1 staff has been selected, all the Level-2 staff out rightly taken as senior to the Level-1 staff, irrespective of Level-1 staff date of appointment/joining and for aspect of seniority in the present general selection against 33.33% DPQ the seniority ought to be by way of the date of appointment/joining of the candidates and not on the basis of higher grade pay, Level-2 level of the pay-matrix in 7th CPC.
7. It is also averred in the O.A. that all the applicants are of Level-1 staff, fully eligible and meritorious and due to Level-1 category staff could not be placed in the impugned panel due to arbitrary and unreasonable criteria of the formation of the panel provided in clause 5 of the notification. Hence the applicants prayed to set-aside panel dated 03.10.2022 and re-draw based on ::5:: O.A. No. 051/00801/2022 purely on the merit ignoring clause 5 of the notification for selection for promotion against 33.33% D.P.Q. (General Selection).
8. Per contra, the official respondents-railways have contested the claim of the applicants and stated that entire selection completed in accordance with service rules having statutory force as per terms of notification dt. 18.02.2022 and rules applicable as on cut-off date i.e. 18.02.2022.
9. The notification, clause 2 provides for eligibility criteria from Level-1 and Level-2 staff. So also clause 5 provides for formation of the panel shall be in the terms of RBE No. 17/2014 and RBE No. 43 of 2015. The panel being made as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supercede not more than 50% of total field of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of "Written test" and "record of service". The impugned panel dated 03.10.2022 has been drawn accordance with Railway Board, RBE No. 43/2015 dated 05.05.2015 (Annexure-R/1). The candidates qualified from Level-2 (G.P. Rs. 1900) staff are enblock senior to the qualified candidates of Level-1, (G.P. Rs. 1800) and Level-2 staff kept above Level-1 accordance with rules RBE No. 43/2015 dated 05.05.2015.
10. The Respondents-Railways has completed selection process and impugned panel dated 03.10.2022 accordance with RBE No. 43 of 2015 provided for casting of panel aggregate marks of written test and record of service, impugned panel drawn accordance with their seniority as per para 189 of IREM- Vol. 1 and Advance Correction Slip No. 154 and 155.
11. Private Respondents no. 9 to 25 have also filed the written statement stated that selection process completed in accordance with recruitment rules in consonance with RBE No. 17/2014 and RBE No. 43/2015 and impugned panel prepared as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supercede not more than 50% of their seniors in the panel. The final panel shall be drawn in order of seniority based on aggregate marks of written test and record of service. Out of 17 successful candidates, 8 candidates have been classified as outstanding and other 9 successful candidates have been selected on basis of enblock seniority of Level- 2 candidates in each category.
::6:: O.A. No. 051/00801/2022 SUBMISSION ON BEHALF OF THE APPLICANTS
12. Shri Mahesh Tiwary, learned counsel appearing for the applicants vociferously canvassed that the notification dated 18.02.2022 for selection for promotion to the post of CCTC in Level-3 against 33.33% DPQ by way of general selection from staff in Level-1 and Level-2 and in the notification particularly unreasonable and arbitrary clause no. 5- formation of panel as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supercede not more than 50% of total field of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of "written test" and record of service.
13. Shri Mahesh Tiwary, also vehemently argued that impugned panel is from level-2 staff selected no one from Level-1 staff because condition/term/clause no. 5 for formation of the panel as per RBE No. 43/2015 of the notification for the selection in question is highly unreasonable and arbitrary. Mr. Tiwary, further argued that the post in question is the general selection must be filled up solely based on the merit from combined list of Level-1 and Level-2 and criteria for seniority must be date of appointment/ joining in the levels and all level-2 staff should not be treated as enblock senior to Level-1 staff for drawing impugned panel.
14. Shri Mahesh Tiwary, learned counsel for the applicants would argue that some of the applicants i.e. applicant no. 7 secured 94 marks out of maximum 100 marks could not be selected and respondent no. 9-Shri Ramraj Jat from Level-2 staff secured 79 marks and has been placed at serial no. 1 in the impugned panel. Hence the impugned panel dated 03.10.2022 be re-casted based purely on the merit.
15. Shri Mahesh Tiwary, learned counsel also argued that railways has relied on RBE No. 27/1999 to demonstrate service rule for preparation of impugned panel, whereas said RBE No. 27/1999 is for selection for promotion within Group 'C' staff, whereas the selection in the question in the present case is from Group 'D" to Group 'C' posts hence RBE No. 27/2019 is not applicable in the present case.
16. Shri Mahesh Tiwary, learned counsel also contended that in the selection in question since there is no Group D posts so Para 189 of IREM-I is not applicable and the notification is for general selection. The final panel to be re-
::7:: O.A. No. 051/00801/2022 drawn in accordance with Para 219 (j) Note (iii) & ACS No. 209 of IREM-I and RBE No. 164/2022 dated 20.12.2022.
SUBMISSIONS ON BEHALF OF THE RESPONDENTS
16. Shri Rajendra Krishna, Learned Senior Central Government Standing Counsel for the Respondent no. 1 to 8 argued that entire selection process has been finalized and impugned panel dated 3.10.2022 is in accordance with service rules having Statutory force issued by the Railway Board in consonance with the clause 5 formation of panel of the notification, in terms of RBE No. 43/2015 for 33.33% DPQ in order of seniority amongst qualified staff as per provisions of Para 189 of IREM-I as ACS NO. 154 and 155. The inter-se seniority of Level-l and Level-2 staff prepared and qualified Level-2 staff placed above, level-1 staff in the impugned panel and not allowed to supersede more than 50% above to their senior in the panel.
17. Shri Rajendra Krishna, learned Sr. CGSC also contended that the applicants are not within zone of consideration as per seniority and instructions in RBE NO. 43/2015 for formation of the panel with provisions of Para 189 of IREM, Vol.-I and ACS No. 154 and 155 and para 7(iv) 9 of Master Circular No.
31. So also Shri Rajendra Krishna submitted that impugned panel has been finalized accordance with the statutory service rules and there is no legal infirmity and impugned panel dated 3.10.2022 deserves to be upheld.
18. Shri Rajendra Krishna, Learned Sr. CGSC further canvassed that the RBE NO. 164/2022, dated 20.12.2022 is not applicable in the facts of the present case as selection process finalized with preparation of impugned panel dt 3.10.2022 and applicants are estopped to challenge panel dt 03.10.2022 as they did not raise any objections while participation and issuance of the panel in question and rules of selection clause no. 5 of notification not challenged by applicants. No relief can be granted.
19. Shri Rajendra Krishna, Learned Sr. CGSC submitted that after the 6th CPC recommendations all the Group-D posts under the Central Government establishments now stand upgraded to Group 'C', posts and existing Group 'D' employees placed in the Group C in Pay Band-1, Grade Pay Rs. 1800 and RBE No. 27 of 2019 is prior to Cut-off date 18.2.2022 hence applicable with full force in the case on hand.
::8:: O.A. No. 051/00801/2022
20. Shri P.D. Singh, learned counsel for the respondent no. 9 to 25 vociferously canvassed that they belongs to level-2 staff and classified as outstanding and placed in the impugned panel accordance with rules of selection in terms of RBE No. 43 of 2015. The RBE No. 164/2022 dated 20.12.2022 does not have retrospective effect and not applicable in present case.
21. Shri P.D. Singh, further contended that selection process started with notification and rules for the recruitment holding the field on the cut-off date 18.2.2022 as clearly prescribed in the clause 3 of the notification for all purposes and impugned panel is in consonance with clause 5 of formation of panel in terms of RBE No.43/2015 prescribed in the notification in consonance with Para 189 IREM, ACS No. 154 and 155 and para 7(iv) 9 of the Master Circular No. 31. So also Shri P.D. Singh submits that RBE NO. 164/2022, dated 20.12.2022 is subsequent to cut-off date after publication of the panel dt 3.10.2022 and the selection is already finalized and RBE NO. 164 of 2022, itself clearly provides that cases already finalized otherwise need not be re-opened.
ANALYSIS AND FINDINGS
22. We have bestowed our anxious considerations on the rival contentions of the learned counsel appearing for the parties, perused the material placed on record and record of the selection.
23. Admitted facts of the case on hand that the notification issued against 33.33%. D.P.Q. (General selection) with clause 2 of Eligibility criteria to filling- posts from staff in level-1 and level-2 in terms of RBE No. 16 of 2021. The clause no. 4 mode of the selection consists of written test and record of service of 85 and 15 marks. The clause 5 provides for formation of panel in terms of RBE NO. 43/2015. The panel being made as per seniority with 80% and above classified as outstanding on order of their seniority allowing them to supersede not more than 50% of the total field of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of written test and record of service.
It is the admitted position that the applicants have, neither challenged Clause 5 formation of Panel, of the notification dated 18.02.2022 nor challenged the rules for selection for formation of the impugned panel for post of CCTC, against 33.33%, D.P.Q (General Selection) in Level-3.
::9:: O.A. No. 051/00801/2022
24. The dispute in the present case related to criteria, basis of formation of panel. The stand of railways that accordance with Para 189 and ACS No. 154, 155 certain percentage 33.33% in staff of lower grades erstwhile Group D in class III & IV are filled by suitable staff of Group C (erstwhile Group D) of lower grade on basis of selection. Whereas applicants are contesting to re-draw impugned panel dt. 03.10.2022 against 33.33% DPQ. (General Selection) in terms of RBE No. 164/2022 dated 20.12.2022 issued by Rly. Boardafter completion of selection and in accordance with Para 219 (J) Note (III) and latest edition of IREM-I on being asked, applicants not challenging statutory rules applicable in the case on hand. The stand of railways that both provisions operates on different field.
THE ISSUE
25. From the above submissions of the learned counsel for the parties and the material available on the record. The only issue which arises for our consideration and determination in the present case on the hand is:-
"Whether the impugned panel dated 03.10.2022 has been prepared accordance with rules for recruitment under 33.33% against DPQ by promotion by a process of selection from eligible categories of staff in Level-1 and Level- 2?"
26. We have bestowed our anxious considerations on the rival contentions of the learned counsel appearing for the parties and perused the material placed on record.
THE RELEVANT RULES
27. To consider and answer the said issue, it is necessary to notice the provisions of law that are germane i.e. Para 126, 128, of the Chapter-I and 189 read with ACS No. 154 and 154 Section-B- Rules for the recruitment, and training of Group 'C' and Group 'D' and workshop staff, Para 7(iv) 9 of Master Circular No. 31 and Rly. Board letter dt. 25.07.1979 and the terms and conditions of the notification date 18.02.2022 (Annexure-A/1) admittedly not challenged, for the selection to the post of CCTC in the level-3 against 33.33% DPQ in the Commercial Department.
::10:: O.A. No. 051/00801/2022
28. The sixth CPC recommendations in the Central Government establishments the Group 'D' posts have been upgraded to the Group 'C' Pay Band-I in Grade Pay Rs. 1800 and now treated as Group 'C' posts.
29. The relevant para 126 and 128 of IREM, Vol.-I (1989 Edn.) and ASC No. 154 & 155 reads as:
(A) Advance Correction Slip No. 154 Chapter-1, Section-B, Sub-section-III- Recruitment and Training
(i) For the existing sub-para (1) of Para 126 substitute the following:
126(1) The posts in the category of Train Clerks in the pay scale Rs. 3050-4590 will be filled as under:
(i)50% by direct recruitment through Railway Recruitment Board;
(ii)33 1/3% by promotion by a process of selection from eligible categories of staff in level-1 as specified by the Zonal Railways as per procedure prescribed in para 189; and Points men 'A' in Level-2.
{Authority: Railway Board's Letter No. E(NG)I/2010/PM 2/6 dated 09.05.2019}
(iii)16-⅔% by promotion entirely on merit of Matriculate Group 'D' employees from eligible categories, as specified by the Zonal Railways for (ii) above, with a minimum of 2 years regular service in the concerned seniority unit on the basis of a competitive examination consisting of Written Test and Record of Service of 85 and 15 marks respectively.
(ii) For the existing sub-para (1) of para 128 substitute the following:-
128. (1) The posts in the category of Commercial Clerks in the pay scale Rs.
3200-4900 will be filled as under:
(i) 50% by direct recruitment through Railway Recruitment Board;
(ii) 33 ⅓% by promotion by a process of selection from eligible Group 'D' categories of staff as specified by the Zonal Railways as per procedure prescribed in para 189; and
(iii) 16-⅔% by promotion entirely on merit of Matriculate Group 'D' employees from eligible categories, as specified by the Zonal Railways for (ii) above, with a minimum of 2 years regular service in the concerned seniority unit on the basis of a competitive examination consisting of Written Test and Record of Service of 85 and 15 marks respectively.
[Emphasis supplied] (B) Advance Correction Slip No. 155 Chapter-I, Section 'B', Subsection IV- Recruitment of Group 'D'-Railway servants and their promotion to higher grades in Group 'D' and Group 'C' posts reads as
189. Promotion to higher grades in Group 'C':- Railway servants in Group 'D' categories for whom no regular avenue of promotion exists 331/3% of the posts in the lowest grade of Commercial Clerks, Ticket Collectors, Trains Clerks, Office Clerks, Stores Clerks, etc. should be earmarked for promotion.
::11:: O.A. No. 051/00801/2022 The quota for promotion of Group 'D' staff in the Accounts Deptts. to Group 'C' post of Accounts Clerks will be 25%. Promotion to Group 'C' will be subject to the following conditions: -
(i) All promotions should be made on the basis of selection. There should be written tests to assess the educational attainments of candidates. Group 'C' categories referred to above should be suitably linked with specified categories in the lower grades on broad affinity of work to form groups for promotion but it should be ensured that the prospects are made equal in the different groups. The test should be correlated to the standards of proficiency that can reasonably be expected from railway servants who are generally non-
matriculates. The aim of the examiners should be to assess the general suitability of the Group 'D' railway servants offering themselves for promotion to Group 'C' posts from the point of view of their knowledge of English and their general standard of intelligence. The factors of selection and their relative weight will be as indicated below:-
Factors/Headings Maximum Marks
(a) Written Test 85
(b) Record of Service 15 Total 100 Note: 1. Written test should consist of one paper of 3 hours duration divided into two parts - Part 'A' to test the working knowledge of the Railway servant of the English language and Part 'B' his general standard of intelligence and proficiency through questions in Arithmetic, General Knowledge mainly pertaining to Railway matters and matters immediately pertaining to the work he has been acquainted with during his Railway service. In drawing up the questions it must be ensured that they are not set as such a standard as to make it impracticable for a Group 'D' railway servant of average intelligence and normal standards of efficiency to qualify in the test. (2) Assessment under the heading Record of Service will be based on entries in the Service Book/personal file regarding academic/ technical qualifications, awards/ punishments, etc. (3) Selections should not be restricted to three times the number of posts to be filled but kept open to all eligible candidates who would like to be considered for such selections.
(4) All those who qualify on the basis of written test and Record of Service, the qualifying percentage of marks being prescribed by the General Manager, should be included in the panel in the order of their seniority for promotion against the yearly vacancies available for them in Group 'C' categories.
(ii)All Railway servants in Level-1, to be eligible for promotion to Level-2 posts in all Departments should have put in a minimum of 2 years regular service and have successfully completed their probation period in the recruitment grade.
However, in cases where incumbency of more than 3 years is prescribed, the same shall continue.
(iv)Training:
::12:: O.A. No. 051/00801/2022
30. The Railway Board has issued Master Circular No. 31-relating to promotion of non-Gazetted (Group C) staff to selection posts and consolidated existing orders. The relevant sub-para (9) of the para-IV related to the formation of the panel reads:-
"9. The names of the employees selected for empanelment in the aforesaid manner should be arranged in the order of seniority but those secuting more than 80% marks and classified as outstanding may be allowed, to supersede not more than 50% of the number of the seniors in the field of eligibility. The above procedure will be applicable to general selection posts also. "
31. The Railway Board also issued letter no. E(NG) I-76 PM 1/142, New Delhi dated 25.07.1979 in continuation of the Ministry of Railways letter of even number dated 22.08.1978 classification of class III posts as selection and non- selection. The relevant paragraph reads as:-
(ii) Position of outstanding persons in the select list The matter was discussed in the meeting JCM Departmental Council held on 27th and 28th April, 1979, wherein it was decided that :-
those categorized as "Outstanding" should not be allowed to supersed more than 50 per-cent of the total field of eligibility. The Ministry of Railways therefore desire that in all future selections, which may be under process or would be held hereafter, the above decision should be kept in view."
32. The selection to the post of CCTC in level-3 under 33.33% DPQ in present case on hand cut-off date 18.02.2022 and is governed by the service rules i.e. orders, circulars, letters of the Railway Board in IREM and Master-Circular no. 31 have statutory force.
33. The Central Government in exercise of power under sub-section (2) of Section 1, of the Indian Railway Board Act, 1905 issued notification dated 04.07.2002 in the Gazette and vested the Railway Board, with all powers and functions of the Central Government under Section 47 of the Indian Railways Act to make general rules for railway administration. His excellency the President in exercise of powers conferred on him by the proviso to Article 309 of the Constitution of India framed Indian Railway Establishment Code. The Rule 123 of IREC-I, fifth Edn. 1985, authorized Railway Board, as permissible under Article 309 to have full powers to make rules of general application to non- gazetted railway servants under their control. The Rules so framed by the Railway Board treated as rules having force of rules framed under Article 309 of ::13:: O.A. No. 051/00801/2022 the Constitution of India. The service rules regulating the recruitment and conditions of service of persons so appointed in railways i.e. Indian Railway Establishment Manuals, Master Circulars are collection of the up-to-date administrative orders issued by the Railway Board have statutory force. The Hon'ble Supreme Court in case of Railway Board and others Versus P.R. Subramaniam and others, reported in (1978) 1 SCC 158, relied in Union of India and others versus Devaram and another (2009) 16 SCC 381, and in the case of Prabhat Ranjan Singh and another Versus R.K. Kushwaha and others reported in (2018) 18 SCC 1. Their Lordships held that rules under IREM also have statutory force and has been issued in exercise of powers vested under the proviso to Article 309 of the Constitution of India.
34. The office of Senior DPO South Eastern Railway, Ranchi issued notification dated 18.02.2022-the selection for promotion to the post of CC/TC in Level-3 against 33.33% DPQ (General Selection) in Commercial Deptt. The notification dated 18.02.2022 has been issued consistent with the service rules with statutory force, extracted herein above. The relevant clause 1,2,3,4 (i) and 5 of the notification consistent with statutory service rules for ready reference reads as:-
"1. Vacancies:-
Total 17 (UR-13, SC-03 & ST-01.)
2. Eligibility criteria:-
In terms of Pr.CPO/SER/GRC's Estt No 14/2021 and 82/2018 (RBE No. 16/2021 and 28/2018), the post of Commercial-Cum-Ticket-Clerk zaht 33.33% quofa will be filled up by General Selection from staff in Level-1 and Level-2 including Safaiwalas of Operating and Commercial Departments. The staff will be eligible for promotion against 33.33% quota having minimum two (02) years continuous service in the relevant grade on successful completion of probation period irrespective of the fact whether such staff belong to GEN/OBC/SC/ST
3. Cutoff date:-
In terms Estt. Srl. No. 153/2006 (RBE No. 117/2006) date of notification is cutoff date for all purpose like length of service, qualification, service condition etc.
4. Mode of selection:-
(1) The posts of Commercial-cum-Ticket Clerk in Level-3 against 33.33% Departmental Promotional Quota (General Selection) shall be filled on the basis of selection. The selection will be consist of written test and record of service of 85 and 15 marks respectively in terms of Estt. Srl. No. 145/03 (RBE No. 165/03).
5. Formation of Panel:-
In terms of RBE No. 113/2009 & 17/2014 (SER Estt. Srl. No. 19/2014), the candidates must secure 60% of marks in Written Test. In case of SC/ST ::14:: O.A. No. 051/00801/2022 candidates, 10% relaxation in the qualifying marks in the written examination will be allowed against the reserve vacancies.
The employee must secure a minimum of 60% marks in Written Examination and 60% marks in aggregate for being placed on the panel for unreserved vacancies.
SC/ST candidates must secure a minimum of 50% Marks in written examination and in aggregate for being placed on the panel against reserved vacancies. However, if SC/ST candidates who will qualify without relaxed standard in written examination and in aggregate shall be given preference over those candidates who will qualify with 10% relaxed standard to be placed on the panel.
In terms of RBE No. 17/2014 (Estt. Srl. No. 19/2014) & RBE No. 43/2015 (Estt. Srl. No. 65/2015), Panel being made as per seniority with 80% and above classified as Outstanding in order of their seniority allowing them to supersede not more than 50% of total field of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of "Written Test" and "Record of Service"."
[Emphasis supplied]
35. We have already extracted and analysed provisions of Chapter 1, Section-
B. Rules for the Recruitment and training of Group C and Group D of the IREM staff Vol. I. In the Commercial Department, sub-sub para (ii) of sub-para (1) of the para 128 of the IREM-1, provides for the posts in the category of Commercial Clerks to be filled up by 33.33% by promotion by a process of selection from eligible Group 'D' categories of staff as specified by the zonal Railways as per procedure prescribed in para 189 of IREM-I prevailing on date of notification.
36. The Section-II, of Chapter 1, IREM-I provides for promotion to higher grades in Group D and Group 'C' posts. The para 189 of the IREM-I lays down provision related to promotion to the higher grades in Group 'C'. The para 189 of the IREM-I is the specific and special provision related to selection in question that based on written test and record of service, the qualifying marks prescribed by the General Manager to include in the panel in order of their seniority for promotion against the yearly/vacancies available for them in Group C Categories.
37. The Para 124 of Indian Railway Establishment Code-Vol-1. The IREC issued by his excellency the President in exercise of powers conferred on him by the proviso to Article 309 of the Constitution of India. The Para 124 of IREC-I provides that the General Managers of Indian Railways have full powers to make rules with regard to railway servants in Group 'C' & 'D' provided not inconsistent with any rules by the President of the Ministry of Railways.
38. The cut-off date for the selection in question was 18.2.2022 and rules for selection prevailing for preparation of formation of panel as prescribed by the ::15:: O.A. No. 051/00801/2022 Zonal Railways consistent in clause 5 of the notification as well as service rules for selection for 33.33%. D.RQ. i.e. Para 189 Note (4) in consonance with RBE NO. 43/2015 for formation of panel accordance with order of their seniority amongst qualified staff as per Para 189 of IREM-1 and ACS No 154 & 155. So also as extracted herein above Para (IV) 9 of the Master Circular No. 31 and Railway Board letter No. E(NG) I-76PM1/142 dt 25.7.1979. Thus it is suffice to hold that provision of clause 5 formation of panel and Rly. Board letter 25.07.1979 in para 18 so also in terms of RBE No. 43/2015 as prescribed in the notification dt 18.2.2022, panel be made as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supersede not more than 50% of total filed of eligibility. The final panel shall be drawn in the order of seniority based on aggregate marks of "written test" and "Record of Service". The clause 5 of the notification formation of panel is in consonance with service rules prevailing as on cut-off date i.e. 18.02.2022 having statutory force for the selection for promotion to the posts of CC/TC in Level-3 against 33.33%. D.P.Q (General Selection). The case on hand relates to the specific provisions in Para 189, Note (4) and Rly. Board letter 25.07.1979 and para 7 (iv) 9 of Master Circular No. 31 as on cut-off date i.e-18.2.2022 for all purposes rules applicable as on 18.2.2022 were applicable. The Note 4(i) (a) of Para 189 latest edn. of IREM-I was inserted vide Railway Board letter dated 20.12.2023 and as on cut-off date i.e. 18.2.2022 for all purposes rules applicable as on 18.02.2022 were applicable and provision of Note 4(i) (a) of para 189 IREM-I selection to be on merit was not in existence on cut-off date i.e. 18.02.2022.
39. Now, we are reverting back to analysis the impugned panel dated 3.10.2022 prepared in light of clause 5 of the notification and service rules. The relevant portion of the impugned panel deled 3.10.2022 for ready reference reproduced as:
"With the approval of competent authority (i.e. ADRM/RNC), the following candidates as detailed below are provisionally empanelled for promotion to the post of Commercial-cum-Ticket Clerk against 33:33 Departmental Promotional Quota(General Selection) in Level -03 as per 7th CPC Pay Matrix of Commercial department in Ranchi Division.
S.No. Name of the candidate (P.F No.) Com Design/Stn. Remarks
1 Ramraj Jat (50714700682) UR PM-A/HTE Against UR vacancy
2 Balindra Kumar (50714700834) UR PM-A/TGB Against UR vacancy
::16:: O.A. No. 051/00801/2022
3 Chandra Shekhar Kumar (50714700859) UR PM-A/THE Against UR vacancy
4 Krishna Kr. Nirala (50714700825) UR PM-A/LOM Against UR vacancy
5 Baijnath Verma (50714700760) UR PM-A/ILU Against UR vacancy
6 Rumeet Kumar (50714703415) UR PM-A/GRE Against UR vacancy
7 Rangeela Das (50714703438) SC PM-A/PBB Against SC vacancy
8 Prem Kumar (50714700820) UR PM-A/MURI Against UR vacancy
9 Dindayal Upadhyay (50744703567) UR PM-A/TUL Against UR vacancy
10 Dilip Kachhap (50714700753) ST PM-A/PIS Against ST vacancy
11 Shrikant Kumar (50714703552) UR PM-A/RNC Against UR vacancy
12 Shrikant Gupta (50714700864) UR PM-A/PKC Against UR vacancy
13 Dhanwant Raj (50714700683) UR PM-A/RNC Against UR vacancy
14 Ram Ajay Singh (50714703368) UR PM-A/GRE Against UR vacancy
15 Manoj Kumar Manto (50714703517) UR PM-A/HRBR Against UR vacancy
16 Vinod Kumar Manjhi (50714703595) SC PM-A/HRBR Against SC vacancy
17 Jai Prakash Ram (18529802419) SC PM-A/TRAN Against SC vacancy
N.B.
1. The written examination was held in two phases ie. on 14.06.2022 and Commercial-cum-Ticket Clerk against 33.33%DPQ.
2. The name of the candidates selected for empanelment has been arranged in order of inter-se seniority S.No.2,3,5,6,7,9,11,15 are classified as Outstanding and allowed to supersede not more than 50% above to their seniors in panel where is allowed.
[Emphasis supplied]
40. The respondents-railways at the time of argument have produced tabulation sheet gradating of written examination and service records for selection to the post of CCTC against 33.33%. DPQ (General Selection) in Commercial Deptt. to justify formation of panel made accordance with seniority. For UR: 60% and for reserved community 50% aggregate to be placed on panel.
41. The respondents has filed Railway Boards letter dated 13.11.1979 (S.E.R. Estt. Serial No. 352/79)-related to methodology for superceding not more than 50% of the total field of eligibility of the candidates, who have secured 80% or more and categorized as outstanding. The Railway has clarified that intention is that a person who gets 80% marks and above is rated as outstanding should not go up by more than 50% of number of his seniors in the field of eligibility for preparation of impugned panel.
42. We have also examined position of outstanding candidates in the impugned panel in light of the scheme categorizing "Outstanding should not be allowed to supersede more than 50% of total field of eligibility" i.e. from integrated seniority/relative seniority of written test qualified candidates for the selection in question as provided in Rly Board letter dated 25.7.1979 (with eligibility integrated seniority at serial no. 1), Circular no. 31 also extracted ::17:: O.A. No. 051/00801/2022 herein above. The candidate placed at serial no. 1- Mr. Ramraj Jat in the impugned panel with total 78.8 marks out of 100 and under the norms for formation of panel as per seniority found fit cannot be superceded and placed accordingly. The next candidate placed at serial no.2 - Mr. Balinder Kumar with outstanding scheme, 85.2 % marks and entitled to go up not more than 50% of number of his senior in the field of eligibility and entitled to gain not more than only half a place. Candidate at serial no. 3 Mr. Chandra Shekhar Kumar with 90.3% marks under the outstanding scheme is entitled to gain one place but at serial no. 2 above him also from outstanding scheme, so he does not get benefit and placed at serial no.3. Serial no. 4 - Mr. Khrishna Kr. Nirala with 65.7% not in outstanding scheme placed at serial no. 4 found fit hence placed as per seniority. Serial no.5 Mr. Baijnath Verma with 86.9% marks in seniority position at 8 categorised as outstanding his seniors are 7 and he will gain less than half of 7 i.e. 3 places and hence placed at serial no. 5. Serial no. 6 Rumeet Kumar with outstanding category 86.9% marks placed in original eligibility integrated seniority serial at 10 and his seniors are 9 in number as per scheme gained half of 9 i.e. 4 places placed at serial no. 6. So on next candidate in the impugned panel is at serial no. 7, Rangeela Das (Against ST vacancy) with 82.7% outstanding category at original eligibility integrated seniority position no. 11 with 10 seniors above him benefits by less than half and placed at serial no. 7 in the panel.
43. The candidate at serial no. 8-Mr. Prem Kumar in the impugned panel with 63.8% not in the outstanding category but fit to be empaneled as per eligibility integrated seniority. Serial no. 9-Mr. Deen Daya Upadhyay in the panel with 90.3% outstanding category, original integrated seniority eligibility list at serial no. 16 and he will gain below half of 16 i.e. 7 places and rightly placed at serial no. 9. So on at serial no. 10. Dilip Kachhap empaneled against ST vacancy with 71.6% marks as per integrated seniority and against ST vacancy. Serial no. 11 Shrikant Kumar with 83.5% outstanding category with eligibility integrated seniority/relative seniority of written test at no. 21 and gained less than half of 20 i.e. 9 places and placed at serial no. 11. The next person placed at serial no. 12 Shrikant Gupta with 79.3% not in the outstanding scheme but as per integrated eligibility seniority placed at serial no. 12. So is the case of persons placed at serial no. 13-Mr. Khanwant Raj with 61.8% fit as per seniority and serial no. 14 ::18:: O.A. No. 051/00801/2022 Mr. Ram Ajay Singh with 66.9% marks placed as per eligibility seniority in the impugned panel. The next candidate placed at serial no. 15-Mr. Manoj Kumar Mahto in the impugned panel with 92% outstanding category and as per the scheme since his original eligibility integrated seniority eligibility list is at serial no. 29 and he has 28 seniors above him and he gained half of 28 i.e. 14 places and rightly placed below 50% of number of his seniors in the field of eligibility.
44. We have analysed in detail the casting of impugned panel dated 03.10.2022 for UR-13, SC-3, ST-1 total 17 vacancies and accordance with provision of service rules for formation of panel existing on cut-off date 18.02.2022. The candidates at serial no. 2,3,5,6, 7, 9,11 and 15 (8 candidates in total) in order of inter-se seniority are from outstanding category and as per recruitment rules and procedure in Para 189 of IREM, Rly Board letter dated 25.07.1979, clause 5 of the notification date 18.02.2022 and allowed to supercede not more than 50% above to their seniors in panel wherever allowed. The candidates empaneled at serial no. 1,4, 8, 10, 12, 13, 14, 16 and 17 (total 9 persons) are as per from integrated seniority relative seniority of written test qualified candidates for selection for the promotion.
45. In view whereof, what comes out loud and clear that impugned panel dated 03.10.2022 for promotion to the post of CCTC against 33.33% DPQ (General Selection in Level-3 of Commercial Department in Ranchi Division is in consonance with the service rules holding the field as on cut-off date 18.02.2022 having statutory force and so also consistent with clause 5-formation of panel of the notification dated 18.02.2022 panel being made as per seniority with 80% and above classified as outstanding in order of their seniority allowing them to supercede not more than 50% of total field of eligibility. The panel drawn in the order of seniority based on aggregate marks of "written test" and "record of service". Admittedly, the applicants not challenged the provisions of formation of panel, we do not find any legal infirmity in the preparation of the panel dated 03.10.2022 and deserves to be upheld and the Original application is devoid of merit no interference is warranted.
46. The sum and substance of the contentions of Mr. Mahesh Tiwary, learned counsel for applicants that in the selection in question procedure provided in Para 189 of the IREM-Vol. I, will not be applicable as on date there is no Group D posts in existence. So also Mr. Mahesh Tiwary submitted that notification is for ::19:: O.A. No. 051/00801/2022 General Selection and panel drawn as per clause 5 of the notification and clause 5 is arbitrary and unreasonable. The impugned panel ought to be re-drawn accordance with Para 219 (J), Note (iii) and ACS 209, latest provisions of IREM- I and not as per Para 89 of IREM-I read with clause 5 of the notification.
47. Consequent upon introduction of Railway Services (Revised Pay) Rules, 2008, Railway Service Posts vide Railway Board letter dated 11.09.2008 (Estt. Sr. No. 126/2008) classified and classification of Group C includes carrying Grade Pay Rs. 4600 and Grade Pay Rs. 4800 in Pay Band-2 (Rs. 9300-34800), Grade Pay Rs. 2800, Grade Pay Rs. 2400, Grade Pay Rs. 2000, Grade Pay Rs. 1900 and Grade Pay Rs. 1800 in Pay Band-1 (Rs. 5200-20200).
48. The erstwhile Group D categories in Grade Pay Rs. 1800 upgraded as Group 'C'. The Railway Board has issued RBE No. 2/2014 dated 03.01.2014 reads:-
"Sub: Classification of Railway services consequent upon introduction of RS(RP) Rules, 2008 - Eligibility for selection to Group 'C' in General Categories.
Ref: PNM/AIRF Item No.50/2012.
1. The above referred issue has been under consideration in consultation with AIRF and NFIR.
2. Accordingly, it has been decided that all erstwhile Group 'D' categories in GP Rs. 1800 since upgraded as Group C, will continue to be eligible for selection to Group C posts as per the AVC already provided, if they possess the required eligibility criteria i.e. prescribed educational qualification and residency period etc. They will also be eligible for being considered for promotion to the post of Stenographers (GP Rs.2400), if they possess the required eligibility criteria."
[Emphasis supplied] RBE No. 2/2014 is clear as noon day that all erstwhile Group D categories in Grade Pay Rs. 1800 since upgraded as Group 'C' will continue to be eligible for selection to Group 'C' posts as per the AVC already provided.
49. Para 189 of IREM-I and ACS No. 155, Section B, Sub-section IV- Recruitment of Group 'C' Railway Servants and their promotion to higher grades in Group B and Group C Posts, extracted in preceeding paragraph 29(B) is special provision with statutory force for those erstwhile Group D categories for whom no regular avenues of promotion exists and 33.33% of the posts in the lowest grade of Commercial Clerks, Trains Clerks etc. marked for the highers in Group 'C' for promotion. Sub-para (4) of note as existed in the IREM-I as on cut-off date i.e. 18.02.2022 of the notification that panel shall be drawn in order of their seniority for promotion in Group C categories vacancies.
::20:: O.A. No. 051/00801/2022
50. The Railway Board in this regard also issued RBE No. 43/2015 dated 05.05.2015. Relevant para 2 reads as:-
"2. The matter has been re-examined in consultation with both the Federation, viz., AIRF and NFIR and as a sequel to Railway Board's letter of aven number dated 06.02.2014 on the above subject, it is clarified that while conducting selection against 33 1/3% promotion quots from erstwhile Group 'D' (G.P. Rs.1800) to Group 'C (G.P.1900/2000) posts, panel is required to be drawn in the order of their seniority amongst the qualified staff as per the provisions of para 189 of IREM, Vol-1 and ACS No.154 & 155."
[Emphasis supplied] The Railway Board vide letter No. E(NG)I-76, PM 1/142 dated 25.07.1979, relevant paragraph (ii) already extracted in paragraph no. 31 of this order.
51. The Railway Board issued Master Circular No. 31, relating to promotion of non-gazetted (Group C) staff to selection posts and updated and consolidated existing orders. The sub-para (9) of para IV of Master Circular No. 31 already extracted in paragraph 30 also clear that empanelment be arranged in order of seniority but those securing more than 80% marks are classified as outstanding and be allowed to supercede not more than 50% of the number of the seniors in the field of eligibility and above procedure will be applicable to general selection on posts also.
52. Para 189 (4) of the IREM-I ACS No. 155 as existed on the date of consideration cut off date 18.02.2022 and clause 5 of the notification dt. 18.02.2022 is in consistent with statutory provision referred hereinabove and operates in the field for promotion of erstwhile Group D to higher Grades of Group C (GP 1900/2000). Thus the mode of selection in question is completed in the manner prescribed mode of selection. The RBE to determine eligibility is prerogative of the employee no judicial review permissible to change it for prescribing mode of formation of panel. The statutory rules for selection has to be strictly followed and railways has accordingly issued impugned panel and there is no legal infirmity. We do not find any merit in the submissions of learned counsel for applicants and no interference warranted.
53. So far as contention of the counsel for applicants related to Para 219(j) Note (iii) of IREM-I contained in Chapter-II, Section 'A'-Rules Governing promotion of subordinate staff of IREM-I operates in different field. The provision of para 219(J), Note (iii) relates to promotion of subordinate staff- Group C for promotion to Group B posts. The Railway Board considered law laid ::21:: O.A. No. 051/00801/2022 down in case of Group B promotion in case of M. Ranjaram Versus G.M. SCR 1996(1) SC SLJ 536 and amended IREM as per ACS No. 209 in existing sub- para (J) of 219 and clause (iii) below sub-para (J) of 219 for preparation of panel without classification as outstanding. Para 219(J) Note (iii) operates in different field and not applicable in the present case on our hand. The two provision of para 189 (4) ACS No. 155 and Para 219(J) Note (iii), ACS No. 209 operate in respective different field as aim and object are wholly different.
54. So also the contention related to the latest addition of sub-para (4) (i) (a) of IREM-Vol. I added by way of amendment as ACS No. 286 vide Railway Board letter dated 20.12.2023, so also RBE No. 164/2022 dated 20.12.2022 specifically mentioned that finalized otherwise need not be opened. The notification dated 18.02.2022 was issued with clear provision in clause 2- cut-off i.e. 18.02.2022 dated in terms of RBE No. 117/2006 date of notification is cut- off date for all purposes etc. The selection from staff of erstwhile Group D, Level 1 & 2 to higher grades of Group C for promotion accordance with procedure provided para 189 IREM-I as on cut-off date. It is settled legal preposition that rules which are prevalent, in force at the cut-off time of consideration took place for promotion as on cut-off date 18.02.2022 would be applicable thereafter panel issued on 03.10.2022. The contention of counsel for applicants hereby repelled.
55. The Hon'ble High Court Patna in case of Md. Aman Hasan Versus State of Bihar and others in CWJC No. 6411 of 2022 vide order dated 31.05.2023 has held that " as per the settled principle of law, the selection process starts from the date of issuance of the advertisement when the applications are called for the first time. In the present, case, the advertisement was published for the first time sometime on 18.02.2022. The selection process comes to an end with the preparation of select list for appointment.
It has authoritatively held by the Apex court and various other courts that the vacancies when advertised under the rules as prevalent at that time, the selection process when started is to be completed under the prevalent rules/regulations and any amendment in the prevalent rules or indtoducing a new rule, if any, subsequent to the advertisement shall be prospective and the candidate cannot be deprived of his or her right for consideration or eligibility on the basis of new rules brought during selection process and/or the selection process has commenced/started. The Hon'ble supreme Court in the judgment reported in (2008) 3 512 (K Manjusree Vs. State of Andhra Pradesh and ::22:: O.A. No. 051/00801/2022 Another) has held that the rules of the game i.e. " the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced."
20. From the discussions hereinabove and the law laid down by the Hon'ble Apex Court, there is no escape from the conclusion that after the commencement of the selection process, has to be completed as per prescribed criteria/rules, prevalent at that point of time and the amended Rules and/or Rules introduced during the midst of the selection process shall not apply to the vacancies advertised prior to coming into force the new Rules/statute."
56. The applicants have right to be considered, restricted right to only consideration for promotion accordance with rules for promotion and no right accrued to be promoted and appointed under applicable rules for the appointment. The Hon'ble Supreme Court in case of K. Samantray Versus National Insurance Co. Ltd., (2004) 9 SCC 286 has held that "no employee has a right to be promoted, but has a right to be considered for promotion."
CONCLUSION
57. In the light of aforesaid analysis, we hold that impugned panel dated 03.10.2022 does not suffer from any infirmity and same is in strict adherence to recruitment rules for selection for promotion from erstwhile Group D upgraded as Group C in CAT, PB, New Delhi-2 of lower grades to higher grades of "Group C" Commercial-cum-Ticket Clerk in Level-3 against 33.33% DPQ in commercial department (GS). Thus no interference is warranted in the present OA.
58. The impugned panel dated 03.10.2022 remains unassailable and applicants not entitled to the reliefs sought by them in the instant original application.
59. Consequently, the original application being devoid of merit is dismissed.
60. There shall be no order as to costs.
61. As a sequel, thereof, Miscellaneous Application(s), if any, pending shall stands disposed of.
Sd/- Sd/- (Ajay Pratap Singh) (Sunil Kumar Sinha) Judicial Member Administrative Member du/-