Central Administrative Tribunal - Kolkata
N C Basak vs S E Railway on 9 May, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
No.O.A.350/107/2016
Date of order : 09.05.2025
Present : Hon'ble Mrs. Urmita Datta Sen, Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
(1) N. C. Basak, son of Late G. K. Basak, aged about 52 years,
working as Tech-II DLS/BKSC, residing at Rly Colony
Qtr. No. DS/II-104/D, Post BKSC, District- Bokaro;
(2) J. N. Prasad, son of Late Ram Rang, aged about 48 years,
working as Tech-II, DLS/BKSC, residing at Rly Colony
Qtr, No. DS/I-141/D, Post BKSC, District-Bokaro;
(3) D. Rama Krishna Rao, son of Late D. D. Raju, aged about
41 years, working as Tech-II, DLS/BKSC, residing at Rly
Colony Qtr, No. DS/II-104/D, Post BKSC, District-
Bokaro;
(4) Kushdhaj Pal, son of Sri R. N. Pal, aged about 44 years,
working as Tech-II, DLS/BKSC, residing at Rly Colony
Qtr, No. DS/I-146/D, Post BKSC, District-Bokaro;
(5) Ramesh Prasad, son of Late B. B. Prasad, aged about 48
years, working as Tech-II, DLS/BKSC, residing at Rly
Colony Qtr, No. DS/II-142/D, Post BKSC, District-
Bokaro;
(6) B. Ansari, son of Late G. Ansari, aged about 42 years,
working as Tech-II, DLS/BKSC, residing at Rly Colony
Qtr, No. DS/II-104/D, Post BKSC, District-Bokaro.
..........Applicants
-VERSUS-
i) The Union of India, through the General Manager, South
Eastern Railways, Garden Reach, Kolkata- 700043;
ii) Senior Divisional Personnel Officer, South Eastern
Railways, Adra- 723121;
iii) Assistant Personnel Officer, South Eastern Railway, Adra-
723121.
Digitally signed by SOMA BANDYOPADHYAY
SOMA
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone=
248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=
700114, S=West Bengal, SERIALNUMBER=
f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA
BANDYOPADHYAY
BANDYOPADHYAY
Reason: I am the author of this document
Location:
Date: 2025.05.19 13:29:46+05'30'
Foxit PDF Reader Version: 2024.3.0
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...........Respondents
For the applicant : Mr. A. Chakraborty, counsel
Mr. Argha Chakraborty, counsel
Ms. P. Mondal, counsel
For the respondents : Mr. S.K. Ghosh, counsel
Mr. S. Banerjee, counsel
ORDER
Urmita Datta Sen, Judicial Member The applicant has preferred this O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"(a) An order do issue directing the respondents to grant the benefit of promotion to the post of Technician Grade-III in view Srl. No. 231/98 from the date of their entitlement.
(b) Leave may be granted to file this original application jointly under rule 4(5)(a) of the CAT Procedure Rule, 1987."
2. Brief facts of this case as stated in this O.A. are as follows:-
The applicants are working as Khalasi Helpers under the Divisional Mechanical Engineer Bokaro (Diesel Bokaro). As per the applicants, they were eligible for getting promotion to the post of Fitter Grade III earlier, but the respondents did not give such benefit, whereas such benefit of promotion to Fitter Grade-III has been given to other Khalasi Helpers working in various other Zonal Railways. Being aggrieved by such inaction on the part of the respondents, the applicants had filed an Original Application before Patna Bench of Central Administrative Tribunal (Circuit Sitting at Ranchi) i.e. O.A.No.144 of 2002, wherein vide Order dated 10.07.2002 the Tribunal had directed as follows:-
"After hearing the counsel for the applicants and going through the contents of the O.A. along with Annexures so filed, particularly by looking into Annexures-6, 7 and 8, we are of the considered opinion that this O.A. can be disposed of at this stage by giving a direction to the concerned respondent, and in that light, this O.A. stands disposed of with a direction to the respondent no. 4 as to look into the matter, examine the same and dispose of the representation being forwarded to him, kept pending with respondent no. 4 for which even notices were given to the applicants being Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.05.19 13:29:46+05'30' Foxit PDF Reader Version: 2024.3.0 3 called for in his office, within three months from the date of receipt / production of this order and dispose of the representation within time as stipulated above by passing speaking order in accordance with law. The matter stands, accordingly, disposed of However, before parting with the order, it is made clear that we have not in any way entered into the merit of the case".
Pursuant to the above order, the authority concerned passed a speaking order on 04.12.2002 (Annexure A/1 to the O.A.) rejecting the claim of the applicants for promotion to the posts of Technician Gr.III on the ground that they did not possess the requisite qualification for the said posts i.e. Madhyamik pass. Challenging the said speaking order, the applicant had once again filed an original application being OA 82 of 2004 before the Kolkata Bench of this Tribunal, which was decided vide Order dated 30.10.2009 (Annexure A/2 to the O.A.) with a direction upon the respondents to ascertain whether in other zonal railways, benefit of promotion was given to non-matriculates like the applicants and if so, similar benefit should also be given to them. Thereafter, no order was issued by the respondents in respect of the applicants. Therefore, the Applicant No.2 in this O.A.(J.N. Prasad) had made an application to the authority concerned under RTI Act, whereby he wanted to know whether any promotion to the posts of Technician III was given in respect of certain employees (names of whom were mentioned in the RTI application) who were non- Matriculates. The Public Information Officer, Raipur provided information vide his letter dated 29.05.2012, wherefrom it would appear that some Group D employees, who were non-matriculates, were granted promotion to the post of Technician-III (Annexure A/3 to the O.A.). Thereafter, the applicants made a representation to the Senior Divisional Personnel Officer, S.E. Railway, Adra requesting for extension of the benefit of promotion to them to the posts of Technician Grade-III by protecting their seniority (Annexure A/4 to the O.A.), but the respondents did not consider their case. Finding no other alternative, they have approached this Tribunal seeking the aforesaid reliefs.
Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
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3. The respondents have denied the claim of the applicants by filing written reply to the O.A. In their reply, the respondents have stated that they had issued a speaking order dated 16.04.2010 pursuant to the Order of this Tribunal dated 30.10.2009.
However, no such speaking order is available on record. They have further submitted that in order to implement the recommendation of Vth CPC circulated in terms of Estt. Srl. No.231/98 (RBE No.222/98), 50% of Group D posts in Grade Rs.750-940/Rs.2550-3200/- and 800-1150/Rs.3050-4590/- in Diesel/Elect. Loco/EMU Sheds, they have prescribed qualifications in Para 5(i) of the said Circular and the procedure in Para 6 of the Estt.Srl.No.231/98 and also taken initiative to fill up all the additional posts in Grade of Rs.3050-4590/-. The respondents have also averred that the staff, who were on roll as on 01.09.1998 and having qualification of course completed Act Apprentices/ITI pass and Matriculation, were called for the prescribed Trade Test and on being found suitable, were upgraded to the additional posts of Skilled Artisan Gr.III/Mechanic Gr.III in scale Rs.3050-4590/- in terms of Para 5(i) and Para 6 of the Circular i.e. Estt. Srl. No.231/98 (RBE No.222/98). They have stated that the applicants in the present O.A. could not be extended such benefit since they were not having the requisite qualification as per the said Circular i.e. Matriculation and ITI pass/Act apprentice pass. As per the respondents, the applicants in the instant O.A. were given promotion to the said post subsequently on their turn on departmental promotion quota as per Para 5(iii) of Estt. Srl. No.231/98 and further promoted to the posts of Tech.-II and Tech-I as well, therefore, this O.A. has no merit and it should be dismissed.
4. Heard Learned Counsel for both sides and perused the pleadings and documents placed on record.
5. We have perused the revised methodology for filing up of the posts of skilled Artisans in the grade of Rs. 3050-4590 in the diesel / Electrical / EMU maintenance Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.05.19 13:29:46+05'30' Foxit PDF Reader Version: 2024.3.0 5 trades (as quoted in the Order of this Tribunal dated 30.10.2009 passed in O.A.82 of 2004), which is reproduced below:
"(i) 60% by direct recruitment from successful course completed Act Apprentices, ITI pass candidates and matriculates from the open market;
(ii) 20% from serving semi-skilled and unskilled staff with three years of regular service with educational qualification as laid down in the Apprentice Act, as outlined in Railway Boards' letter No. E(NG)-1/96 PM7/56 dated 02.02.1990 and
(iii) 20% by promotion of staff in the Lower grade, as per prescribed procedure.".
The respondents have submitted in Para 13 of their reply that the CPO/GRC vide letter dated 17.02.2010, requested the Zonal Railways to inform whether any non- Matriculate Gr.D staff of the respective zones was promoted against the additional posts in grade of Rs.3050-4590/- due to revised percentage in terms of RBE No.222/98 by violating the Railway Board's instructions. However, no communication has been received from any Zonal Railway regarding violation of Para 5(i) of Railway Board's Circular i.e. RBE 222/98. On the contrary, in their reply dated 29.05.2012 (Annexure A/3 to the O.A.) to the RTI application filed by one the applicants in this O.A., Mr. J.N. Prasad, the respondents have stated the names of 10 employees, who were promoted to Tech-III vide order dated 28.09.2000 and mentioned their educational qualifications, which are reproduced below:-
1. R.N. Singh-10th Passed
2. Jitender Kumar Singh-10th Failed
3. Smt. Shashikala-7th Passed
4. S.V. Ramachander Rao-not legible
5. Daya Ram-12th Passed
6. Sheo Nath Das-Retired on superannuation, SR not available
7. Samaroo-4th Passed
8. B.P. Patra-Retired on 30.11.2007,
9. Smt. Nirmala Bai-Expired on 30.09.2005, SR not available
10. Teman Lal Sahu-11th Passed, ITI & Act Apprentice. Digitally signed by SOMA BANDYOPADHYAY
SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.05.19 13:29:46+05'30' Foxit PDF Reader Version: 2024.3.0 6 From the above list, it reveals that the employees at Srl.No.2,3 and 7, who were non-Matriculates were given promotion to the posts of Tech-III, whereas on the same ground the applicants in this O.A. were denied promotion.
6. This Tribunal vide Order dated 30.10.2009 passed in O.A.No.82 of 2004 had observed and directed as under:-
"4. The respondents have annexed Estt. Srl. No.231 of 1998 on which the applicants have also relied on. It is seen that the revised methodology for filling up the posts of Skilled Artisan has been formulated in para 5. It will be relevant to quote the said paragraph as below:-
"5. In pursuance to the above changes, the revised methodology for filling up the posts of Skilled Artisans in grade of Rs.3050-4590/- in diesel/electrical/EMU maintenance trades will be as under:-
"(i) 60% by direct recruitment from successful course completed Act Apprentices, ITI pass candidates and matriculates from the open market;
(ii) 20% from serving semi-skilled and unskilled staff with three years of regular service with educational qualification as laid down in the Apprentice Act, as outlined in Railway Boards' letter No. E(NG)-1/96 PM7/56 dated 02.02.1990 and
(iii) 20% by promotion of staff in the Lower grade, as per prescribed procedure.
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
9. This is extremely vague and in general terms. If in other zonal railways, as per the subject circular, non-matriculates are given chance of promotion, then the applicants should also be treated similarly. There should not be different way of implementation of the same circular of the Railway Board within the same railway organization as the Rly. Board's circular is applicable to all the zonal railways. That apart, under para 5(iii), 20% promotion of staff in the lower grade as per prescribed procedure is also available. Therefore, the applicants cannot be altogether denied benefit of promotion.
10. In view of above, the OA is disposed of with a direction to the respondents to ascertain whether in other zonal railways, benefit of promotion is being given to non-matriculates like the applicant and if so, similar benefit be also given to them. Decision in the matter may be taken and necessary action taken within four months from the date of communication of this order." Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
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7. From perusal of the aforesaid Order of this Tribunal, it is clear that the issue has already been decided long back in 2009. The applicants have filed this O.A. only for the reason that benefit of the said order has not been given to the applicants though the respondents have admitted in their reply dated 29.05.2012 (Annexure A/3 to the O.A.) to the RTI application that three persons, namely, Jitender Kumar Singh, Smt. Shashikala and Samaroo, who were not Matriculates, were given promotion to the posts of Tech-III under Estt. Srl. No. 231/1998 vide Order dated 28.09.2000 (quoted above). It is not the case of the respondents that they have preferred any appeal against the aforesaid Order of this Tribunal dated 30.10.2009 passed in O.A.No.82 of 2004. Since the respondents have granted promotions to some of the non-Matriculates to Tech-III and no appeal has been preferred against the Order of this Tribunal dated 30.10.2009, they are bound to extend such benefit to the applicants in the instant O.A.
8. In view of the above, nothing remains to be adjudicated in this O.A. The respondents are directed to act as per the earlier order of this Tribunal dated 30.10.2009 passed in O.A.No.82 of 2004 and to grant promotion to the applicants to the post of Tech-III w.e.f. the date they were entitled to the same at par with other similarly circumstanced employees with all consequential benefits, within a period of three months from the date of receipt of a copy of this order.
9. Accordingly the O.A. stands disposed of. No order as to costs.
(Anindo Majumdar) Urmita Datta (Sen)
Administrative Member Judicial Member
sb
Digitally signed by SOMA BANDYOPADHYAY
SOMA
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode= 700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
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