Central Administrative Tribunal - Hyderabad
K V Praveen Kumar vs M/O Railways on 16 February, 2024
1
OA.No.182/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
ORIGINAL APPLICATION NO.020/00182/2021
ORDER RESERVED ON 12.01.2024
DATE OF ORDER: 16.02.2024
CORAM:
HON'BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER
K.V.Praveen Kumar
S/o Late K.Vasudevan, (Group-C)
Aged about 34 years
Occ: Station Master/Renigunta
Guntakal Division, Guntakal
D.No.14-68/2, Panchali Nagar
Renigunta - 517 520
Andhra Pradesh. .....Applicant
(By Advocate Sri K.Altaf Hussain)
Vs.
1. Union of India represented by
The General manager
Rail Nilayam, 03rd Floor
South Central Railway
Secunderabad - 500 025.
2. The Principal Chief Personnel Officer
Rail Nilayam, 04th Floor
South Central Railway
Secunderabad - 500 025.
3. The Divisional Railway Manager
Guntakal Division, Guntakal
South Central Railway
Andhra Pradesh.
4. The Senior Divisional Operations Manager
Guntakal Division
Guntakal, South Central Railway
Andhra Pradesh.
5. The Senior Divisional Personnel Officer
Guntakal Division
Guntakal, South Central Railway
Andhra Pradesh. ....Respondents
2
OA.No.182/2021
(By Advocate Sri V.Vinod Kumar, Senior Panel Counsel for Central
Government)
ORDER
PER: HON'BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER
1. The applicant has filed the present OA with a prayer to direct the respondents to issue posting orders as Station Master/Renigunta since he is performing the duties of Station Master/Renigunta from 16.12.2017 onwards or at any other station nearer to Tirupathi.
2. The brief facts of the case are that in pursuance of the notification issued by the 5th respondent vide proceedings dated 26.03.2015, the applicant while working as Junior Trains Clerk at Tirupathi Station of Guntakal Division of South Central Railway had applied for the post of Traffic Apprentice. The mode of selection consists of written examination and perusal of records. There will be no viva-voce. As a result of written test held on 16.05.2016 and further assessment of "Record of service", a memorandum dated 15.12.2016 was issued indicating the names of the employees found suitable to be placed on the panel for the formation to the post of Traffic Apprentice. The applicant had undergone initial training in phase-I (Guards), Phase-II(SMS), Phase- III(Advanced Operations) and further training in learning or working duties as per the syllabus. During the period of Training, the applicant has been declared by the Principal/ZRTI/Moula Ali as competent to work under (1) the system of working (2) to operate Block Instruments and (3) to operate panels, in use on Single/Double line sections on this Railway. The applicant has also attended 3 OA.No.182/2021 safety camp. Accordingly, the competency certificate was issued on 17.05.2017 valid up to 17.05.2020. As the Competency Certificate was expired on 17.05.2020, the applicant had undergone 'On Line' refresher course from 03.06.2020 to 16.06.2020, safety camp from 17.06.2020 to 19.06.2020 and he is tested in the working knowledge and found sound. Therefore, the Sr.DOM/GTL extended the competency certificate for a period of 1 year and issued a Competency Certificate valid up to 17.05.2021. While so, the Station Manager, SC Railway, Renigunta vide proceedings dated 30.09.2018 directed the applicant to report to Sr.DPO/Office/GTL in connection with Aptitude test and appeared for the same. The applicant was discharging the Station Masters duties at Renigunta till date as he was declared competent by the Sr.DOM/GTL. The Sr.DOM/GTL vide proceedings dated 19.07.2019 posted the applicant as Section Controller instead of posting him in Station Master Category as per his request. The applicant vide his representation dated 20.09.2019 and reminder dated 25.04.2020 requested the Sr.DPO/GTL to post him in Station Master Category at Renigunta or nearby Station. Since the applicant is still continuing and performing the duties of Station Master at Renigunta in the available vacancy, the respondents ought to have posted him as Station Master at Renigunta or at any other stations nearby Tirupathi station in view of his mother's treatment at SVIMS Hospital at Tirupathi.
3. On notice, the respondents have filed their reply statement wherein they submit that they have issued a notification for selection to the post of Traffic Apprentice in Pay Band Rs.9300-34800 + GP 4200 in VI CPC scales through 10% Limited Departmental Competitive Examination Quota dated 26.03.2015. 4 OA.No.182/2021 The selection consists of written examination and perusal of records and there will be no viva-voce and qualifying marks in the written examination are 60% and 60% in aggregate for empanelment. Since it is a safety category, no seniority marks are permissible. The empanelment candidates for the above post is strictly in the order of merit arrived at based on the total number of marks secured by the candidates both in written and record of service. As a result of the written test held on 16.05.2016, a memorandum dated 15.12.2016 was issued indicating the names of the employees found suitable to be placed on the panel for promotion to the post of Traffic Apprentice. The qualified candidates including the applicant were directed for initial training in 3 phases and on successful completion of training at Zonal Railway Training Institute(ZRTI) at Moula-Ali, Secunderabad and declared passed, the applicant was absorbed as Station Master/Section Controller and posted to Traffic Apprentice/Station Manager Office at Renigunta duly indicating that he may not be allotted Block working/Panel operation duties till such time he successfully completes his Aptitude test vide letter dated 11.12.2017. The applicant was already informed vide panel dated 15.12.2016 with indicating note that in terms of CPO/SC, Serial Circular No.19/2016, Aptitude test will be mandatory for Station Master Category, accordingly they were directed for initial training. Whereas the applicant completed his initial training at ZRTI/MLY and as per the Block competency and panel competency for the time being he was utilized as Station Master at Renigunta Station.
4. The respondents further submit that they conducted Aptitude (Psychological) test on 04.10.2018 by the Junior Scientific Officer/Psycho/Secunderabad for 5 OA.No.182/2021 five Traffic Apprentice candidates who were completed initial training at ZRTI, Moulali, Secunderabad. In the above test, except two candidates, other three candidates including the applicant did not qualify. When the applicant failed in the Aptitude test, he was withdrawn immediately from duties and posted as Section Controller in Guntakal in view of safety of the train passing duties and in the interest of the public safety. In obedience to the interim order of this Tribunal dated 15.03.2021, the applicant has joined as Section Controller in Level-6 at Guntakal and subsequently promoted as Chief Controller in Level-7 w.e.f. 30.06.2021 and presently working on the same post at Control Office, Guntakal Division. The applicant's request letter dated 20.09.2019 and reminder dated 25.04.2020 to post him in Station Master Category at Renigunta or nearby station not received in the office of the respondents and it is denied that the applicant sent his requests through SMR/RU and the same was not forwarded by the SMR/RU. However, he cannot be posted as Station Master Category at Renigunta or nearby station as per his request, since he failed psychological test which is mandatory to qualify for the posting as Station Master as per the instructions circulated under Serial Circular No.19/2016.
5. Heard Sri K.Altaf Hussain, learned counsel for the applicant and Sri V.Vinod Kumar, learned Senior Panel Counsel for the respondents and have perused the materials placed on record.
6. As can be seen from the records, the applicant while working as Junior Trains Clerk at Tirupathi Station of Guntakal Division of South Central Railway had applied for the post of Traffic Apprentice for which he was selected and having completed his initial training from December 2016 till October 2017, he was 6 OA.No.182/2021 given Competency Certificate on 17.05.2017 which was valid up to 17.05.2021 but he failed in the psychological test (Aptitude test) which is a mandatory for the post of Station Master. Therefore, he was posted as Section Controller which is also Level-6 post like Station Master. The Aptitude test is mandatory for Traffic Apprentice who opt for Station Master category because without Aptitude test, posting Traffic Apprentice as Station Master is in violation of safety norms. As understood from the reply statement, the applicant posted as Section Controller in Level-6 which is equivalent to the scale of Station Master had subsequently got promotion as Chief Controller in Level-7 w.e.f. 30.06.2021 and the applicant is now working in the same capacity at Control Office at Guntakal Division. In view of the above, no discrimination is found to be shown by the respondents against the applicant in not posting him as Station Master since the policy mandates to pass the Aptitude(psychological) test for getting the post of Station Master which is a safety category post and hence, I do not find any merit in the contention of the applicant and the OA is, therefore, liable to be dismissed.
7. In view of the above, the OA is dismissed. No order as to costs.
(SHALINI MISRA) ADMINISTRATIVE MEMBER /ps/