Central Administrative Tribunal - Delhi
Shri Bhuri Singh vs Union Of India : Through on 4 March, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No. 4194/2010 M.A. No.2266/2011 Reserved on:27.3.2012 Pronounced on:4.4.2012 Honble Mrs. Meera Chhibber, Member (J) Honble Dr. A.K. Mishra, Member (A) Shri Bhuri Singh, S/o Shri Moti Ram, Electric Driver (Spl), Under Chief Crew Controller, Northern Railway, Tundla, R/o Shobha-Ram-Ka-Hata, Tundla. Applicant (By Advocate: Ms. Meenu Mainee) Versus Union of India : Through 1. Secretary, (Railway Board), Ministry of Railways, Rail Bhawan, New Delhi. 2. The General Manager, North Central Railway, Subedarganj, Allahabad. 3. Divisional Railway Manager, North Central Railway, Allahabad. ..Respondents (By Advocate : Shri Shailendra Tiwary) ORDER
Honble Mrs. Meera Chhibber, Member (J) Applicant has sought direction to the respondents to consider his case and accept request for voluntary retirement and give employment to his son on the post of Electric Cleaner/Electric Khallasi being the lowest recruitment grade in the hierarchy of Drivers.
2. It is stated by the applicant that the Railway Board had issued Safety Related Retirement Scheme on 2.1.2004 in terms of which Drivers and Gangman in the age group of 50 to 57 could seek retirement from service and suitable ward of such employee would be considered for appointment to a suitable post. In view of above, applicant requested the authorities for retirement and employment of his ward by giving application on 29.6.2009 (page 18). No order was passed by the respondents, therefore, he gave a representation on 25.1.2010 (page 24) yet no reply was given to him. He finally sought information under Right to Information Act, (page 27) whether he would get the benefit of policy of Railway Board or not, whereupon he was informed vide letter dated 15.6.2010 as follows:-
. 1. In connection with the above, this is to inform you that your application was not sent in time and it is made clear that the issue about the employment of your son cannot be considered because he does not fulfill the requisite terms and conditions.
2. In terms of Railway Boards letter dated 2.1.2004, you are not entitled to the benefit of Voluntary Retirement Scheme because your son Shri Kamal Singh is only Intermediate, along with this he does not possess the stipulated technical suitability.
Sd.: K.M. Narayan 15.6.10 Public Information Officer & Sr. Divl. Personnel Officer, North Central Railway, Allahabad
3. Counsel for the applicant submitted that as per Rule 137 (1) of IREM the lowest recruitment grade in the Drivers category is the Fireman which has now been replaced by the Diesel/Electric Cleaners along with the end of Steam Engines. Even applicant was initially appointed as Cleaner from which post he was promoted as Shunter/Goods Driver/Driver (Spl.) etc., therefore, the reasoning given by the respondents in their letter dated 15.10.2000 is absolutely wrong, therefore, the OA may be allowed. She also placed reliance on the judgment dated 4.5.2009 in OA No. 2176/2008 (page 33), judgment dated 26.8.2011 passed in OA No. 1951/2010 and judgment passed in OA No. 2531/2009.
4. Respondents on the other hand have opposed this OA. They have stated that the applicant has suppressed and concealed many relevant facts which go to the root of the matter, therefore, OA is liable to be dismissed on this ground that the Safety Related Retirement Scheme has been introduced by the Railway Board with certain conditions which must be fulfilled by the employee and his son/ward for whom he is seeking appointment under this Scheme. The applicant in this case belongs to Driver Category and the lowest grade of this category is Assistant Loco Pilot. The son of the applicant does not fulfill the requisite educational qualification for the same. The minimum educational qualification for direct recruitment of Assistant Loco Pilot is High School plus ITI or Diploma in the respective trade, therefore, no case is made out for interference by this Tribunal.
5. As far as para 137 of IREM is concerned, they have stated that it pertains to the avenue of promotions of unskilled staff and is not linked to the direct recruitment of Drivers category. They have thus prayed that the OA may be dismissed.
6. We have heard both the counsel and perused the pleadings.
7. Since applicant is basing his claim on the basis of Safety Related Retirement Scheme, it would be relevant to refer to the relevant extracts of the said Scheme. Perusal of the same shows this Scheme was introduced for the categories of Gangman and Drivers. Clauses (vi), (x) and (xii) are relevant, which for ready reference read as under:-
(vi) The ward will be considered for appointment only in the lowest recruitment grade of the respective category from which the employee seeks retirement, depending upon his/her eligibility and suitability, but not in any other category.
The discretion to accept the request for retirement will vest with the administration depending upon the shortage of staff, physical fitness and the suitability of the ward for appointment in the category of Driver/Gangmen as the case may be.
(xii) The conditions of eligibility, in the case of wards, being considered for appointment would be the same as prescribed for direct recruitment from the open market.
8. From above, it is clear that the ward can be considered only in the lowest recruitment grade of the respective category from which the employee seeks retirement, depending upon his/her eligibility. It is not disputed that the applicant was working as a Driver, therefore, we have to find out what is the lowest recruitment grade in the category of Drivers. According to the applicant, the lowest recruitment grade in the category of Driver is Diesel/Electric Cleaners whereas, as per respondents, it is Assistant Loco Pilot. In order to decide the issue, it would be relevant to see the relevant rules which for ready reference read as under:-
137. (1) The vacancies in the category of Diesel Assistant /Electric Assistant in pay scale Rs. 3050-4590 will befilled as under :-
(i) 50% from amongst the volunteering Diesel/ Electric Loco Fitters of Diesel/ Electric loco sheds with three years service failing which Diesel/ Electric Loco Fitters with less than three years service but total service of six years and Diesel/ Electric Loco Group 'D' staff of Diesel/ Electric Loco sheds with a total service of six years in Diesel/ Electric Loco Sheds having the qualification of course completed Act Apprenticeship in Mechanical/ Electrical/ Electronics Engineering trade or Matriculation with ITI as an additional preferable qualification with upper age limit of 35 years (40 years in the case of SC/ST).
(ii) 50% plus the shortfall, if any, against (i) above by direct recruitment through the Railway Recruitment Boards.
(2) Qualifications etc. for direct recruitment will be as under:-
(i) Educational: Matriculation pass plus ((a) ITI in specified trades/Act Apprenticeship, OR
(b) Diploma in Mechanical/ Electrical/ Electronics/Automobile Engineering in lieu of ITI Note: Specified trades for the purpose of (a) above are as follows:-
A. Fitter B. Electrician C. Instrument Mechanic D. Mill wright/ Maintenance Mechanic E. Mechanic (Radio & TV) F. Electronics Mechanic G. Mechanic (Motor Vehicle) H. Wireman I. Tractor Mechanic J. Armature & Coil Winder K. Mechanic (Diesel) L. Heat Engine
(ii) Age: Between 18 to 27 years
(iii) Training: 39 weeks (3)Diesel/ Electric Assistants have avenue of promotion to the posts of Shunters/ Engine Turners, Goods Drivers and so on as per procedure in force for filling up posts in these categories.
(iii) ELECTRIC ASSISTANT:- DELETED
9. Perusal of above shows that matriculation pass plus is essential whereas (a) ITI in specified trades/Act Apprenticeship, OR (b) Diploma in Mechanical/ Electrical/ Electronics/Automobile Engineering in lieu of ITI. Counsel for the respondents has also produced Railway Boards letter dated 3.8.2001 which clearly shows the educational qualification for direct recruitment would be matriculation pass and ITI in specific trade/Act Apprenticeship Diploma in Mechanical/Electrical/Electronics/Automobile Engineering in lieu of ITI which is quoted above. He has also shown us the Amendment Slip No.110 dated 4.6.2007 wherein under para 5 (d) it is mentioned as follows:-
(d) In sub-rule (1) of GR 4.20 for the words the Assistant Driver or the Firemen the words the Assistant Loco Pilot shall be substituted.
Similarly in clause (f) of para 5 it has been mentioned that in sub clause (b) of sub-rule (2) of GR 4.21 for the words the Assistant Driver the words the Assistant Loco Pilot shall be substituted.
10. From above, it is clear that recruitment has to be done at the level of Assistant Loco Pilot, that too against 50% of vacancies plus the shortfall against the vacancies as stipulated above that too with the approval of Railway Recruitment Board. In the counter affidavit respondents have specifically stated that minimum educational qualification for direct recruitment of Assistant Loco Pilot is High School Plus ITI or Diploma in the respective trade which is not possessed by the son of the applicant which point has not been disputed by the applicant in his rejoinder. Respondents have specifically submitted that the applicants son does not fulfill the educational qualification for the post of Assistant Loco Pilot. We have already quoted above the conditions of the Scheme on the basis of which applicant is seeking appointment of his son in which it is clearly mentioned that the ward will be considered for appointment in the lowest grade from which the employee seeks retirement depending upon his/her eligibility and suitability and the conditions of eligibility in the case of wards would be same as prescribed for direct recruitment from open market. We are thus satisfied that there is no illegality in the reply given by the respondents. Since applicants son does not fulfill the educational qualification at the level of direct recruitment, the relief, as claimed by the applicant cannot be granted.
11. In view of above, we find no merit in the OA. The same is accordingly dismissed. No costs.
(Dr.A.K. Mishra) (Mrs. Meera Chhibber) Member (A) Member (J) Rakesh