Central Administrative Tribunal - Mumbai
Gurpreet Sing & 8 Ors vs M/O Railways on 20 December, 2021
1 OA Nos.315/2016 & 303/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION NOs.315/2016 & 303/2017
Dated this Monday the 20th day of December, 2021
CORAM: Dr. BHAGWAN SAHAI, MEMBER (A)
RAVINDER KAUR, MEMBER (J)
OA No.315/2016
1. Gurpreet Singh (son of Shri Sukhchan Singh)
Date of Birth: 04.01.1992, Age 24 years,
Working as Senior Assistant Loco Pilot
(Group 'C' Post) under Chief Traction
Crew Controller (CTCC) Valsad,
West Railway,Valsad.
R/at 166-L/C, West Yard, Ground Floor,
Valsad, State of Gujarat - 396 001.
2. Yogesh Kumar Singh (son of Shri Satya Pal Singh),
Date of Birth:04.08.1981, Age 35 Years,
Working as Senior Assistant Loco Pilot,
Group 'C' Post under Chief Traction Crew
Controller (CTCC) Valsad, West Railway, Valsad.
R/at 444/LB, 1st Floor, Western Railway Colony,
Valsad, District - Valsad,
State of Gujarat - 396 001.
3. Ajay Kumar Jangid (son of Shri
Radheshyam,Jangid),
Date of Birth: 01.07.1989, Age 27 years,
Working as Senior Assistant Loco Pilot (Group C
Post) under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at 152/L/1, Upper Floor, West Railway Yard,
Valsad, District- Valsad,
State of Gujarat 396 001.
4. Mukesh Kumar (son of Kallan Singh)
Date of Birth: 09.07.1983, Age 33 years,
Working as Senior Assistant Loco Pilot (Group 'C'
Post) under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at 440/L/A, Valsad, Dist. Valsad, State of
Gujarat - 396 001.
5. Anil Kumar Singh, (son of Shambunath Singh),
Date of Birth: 27.04.1981, Age 25 years,
Working as Senior Assistant Loco Pilot (Group C
Post) under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
2 OA Nos.315/2016 & 303/2017
R/at 401, 4th Floor, Krishna Park, 'C' Wingh,
Near Police Headquarter, Abrama, Dist. Valsad,
State of Gujarat - 396 001.
6. Mahaveer Prasad Saini (son of Shri SukhpalSaini).
Date of Birth:30.06.1987, Age 29 Years,
Working as Senior Assistant Loco Pilot (Group 'C'
Post) under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at Qtr-156/L/A/UP, 1st Floor, Railway Quarter,
West Colony, Taluka-Valsad, Dist. Valsad,
State of Gujarat - 396 001.
7. Anil Kumar Sharma (son of Surendra Sharma),
Date of Birth: 20.03.1987, Age 29 years,
Working as Senior Assistant Loco Pilot
(Group 'C')
under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at Q.No.477/L/B, East Yard Railway Colony,
Valsad, Taluka and Dist. Valsad, State of Gujarat
396 001.
8. Bhoopendra Singh Dhaked
(son of Man Singh Dhaked),
Date of Birth:02.07.1985, Age 31 years,
Working as Senior Assistant Loco Pilot (Group 'C'
Post) under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at Quarter No.148/L/A, (UP), 1st Floor, Railway
Quarter West, Taluka & District - Valsad,
State of Gujarat - 396 001.
9. Kalyan Singh (son of Shri Lal Singh),
Date of Birth: 11.04.1988, Age 28 years,
Working as Senior Assistant Loco Pilot
(Group 'C')
Under Chief Traction Crew Controller (CTCC)
Valsad, Western Railway, Valsad.
R/at 946-B/1, 1st Floor,
Taluka & Dist- Valsad,
State of Gujarat - 396 001. ... Applicants
(By Advocate Shri R.G. Walia )
Versus
1. The Union of India,
Through the Secretary,
Railway Board, Rail Bhavan,
New Delhi 110 001.
3 OA Nos.315/2016 & 303/2017
2. General Manager,
Western Railway, Headquarters' Office,
Churchgate, Mumbai 400 020.
3. DRM (Divisional Railway Manager)
DRM's Office, Western Railway,
Mumbai Division, Mumbai Central,
Mumbai 400 008. ... Respondents 1 to 3
Official respondents.
4. Mr. Niraj Kumar,
Assistant Loco Pilot, under DRM's Office,
Western Railway, Mumbai Division,
Mumbai Central, Mumbai 400 008.
5. Mr. Kamlesh Kumar
Assistant Loco Pilot, under DRM's Office,
Western Railway, Mumbai Division,
Mumbai Central, Mumbai 400 008.
6. Bhushan Dutt
Assistant Loco Pilot, under DRM's Office,
Western Railway, Mumbai Division,
Mumbai Central,
Mumbai 400 008. ... Respondents
4 to 6 In Representative capacity
to be served through
Respondent No.3.
(By Advocates Shri V.S. Masurkar - Official
respondents and Shri D.V. Saroj - Private
respondents)
OA No.303/2017
1. Surendra Kumar
Son of Rajendra Saw
Date of Birth:15.07.1990,
Age : 26 years 9 months,
Working as:Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction
Controller-UDN, Western Railway,
Udhana and residing at :9/10,
1st Floor, Ganesh Nagar Dindoli,
Taluka and District:Surat,
State:Gujarat,
Pin Code : 394 210
4 OA Nos.315/2016 & 303/2017
2. Ratnesh Kumar
Son of Shri Shailendra Prasad
Date of Birth:25.08.1985,
Age:31 years 8 months,
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction
Controller Office Nandurbar,
Western Railway, Nandurbar and
Residing at:04, Ground Floor,
Shivaji Pundalik Pawar,
Nandurbar, Village, Post and
Taluka - Nandurbar,
District:Nandurbar,
State of Maharashtra,
Pin Code:425 412.
3. Niraj Kumar
Son of Shri Birendra Kumar Pathak,
Date of Birth:25.05.1982,
Age : 35 years,
Working as : Senior Assistant Loco Pilot
(Group "C" Post), CTCC office
at Valsad, Western Railway,
Valsad and residing at:
874-B, East Yard Railway Colony,
Village, Post and Taluka - Valsad,
District : Valsad,
State of Gujarat,
Pin Code: 396 001.
4. Ajit Kumar
Son of Shri Rama Kant Singh
Date of Birth : 20.04.1989,
Age:28 years,
Working as : Senior Assistant Loco Pilot
(Group "C" Post),
Chief Crew Traction
Controller Officer Nandurbar,
Western Railway,
Nandurbar and residing at : 230,
Patelwadi, Post and Taluka - Nandurbar,
District : Nandurbar,
State of Maharashtra,
Pin Code - 425 412.
5. Rajaram Yadav,
Son of Shri Sitaram Yadav,
Date of Birth:01.12.1982,
Age:34 years 4 months,
5 OA Nos.315/2016 & 303/2017
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
CTCC Office, Loco Pilot and
Guard Lobby, Near Bandra
Terminus, Mumbai - 400 051,
and residing at: Room No.402,
A.S. Apartment, 90ft Road,
Vishal Nagar, Nalasopara (W).
District Palghar,
State of Maharashtra,
6. Ajeet Kumar Singh
Son of Shri Awadh Kishor Singh,
Date of Birth:04.02.1991,
Age : 26 years 3 months,
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction Controller
Office Nandurbar,
Western Railway, Nandurbar and
residing at:L-99-A,
Railway Colony, Nandurbar,
Village, Post and Taluka-
Nandurbar, District:Nandurbar,
State of Maharashtra,
Pin Code:425 412.
7. Ajay Kumar Jangid
Son of Radhe Shyam Jangid
Date of Birth:01.07.1989,
Age:27 years 9 months,
Working as:Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction Controller
Office Valsad, Western Railway,
and residing at:152/L/A, Upper Floor,
West Railway Yard, Village,
Post and District-Valsad,
State of Gujarat,
Pin Code:396 001.
8. Chandan Sahani
Son of Late Pradeep Kumar
Date of Birth : 05.12.1990,
Age : 26 years 4 months,
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction Controller-
Valsad, Western Railway, Valsad
- 396 001 and residing at :
6 OA Nos.315/2016 & 303/2017
Qb-405, 4th Floor, Krishna Park,
Abharma, Post, Taluka and
District:Valsad, Gujarat-
Pin Code: 396 001.
9. Dhiraj Raj
Son of Pramod Singh,
Date of Birth: 18.06.1989,
Age : 27 years 10 months,
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
Chief Crew Traction Controller-
BAMY, Western Railway,
Khar Road (East), Mumbai - 400 051,
and residing at:302, 3rd Floor,
Shree Ram Sankul,
Nallasopara, Post - Nallasopara,
District:Palghar,
State Maharashtra,
Pin Code : 401 209.
10. Amit Katiyar
Son of Jantar Babu Katiyhar,
Date of Birth:03.10.1986,
Age:31 years 6 months,
Working as : Senior Assistant Loco
Pilot(Group "C" Post),
CTCC Office, Valsad,
Western Railway, and residing at:
156/L-B, Down (Ground/Lower),
Western Railway Yard,
Village - Post - Vasad,
State of Gujarat,
Pin Code : 396 001.
11. Upendra Kumar Yadav,
Son of Lal Bachan Yadav,
Date of Birth:06.12.1982
Age:34 years 5 months,
Working as : Senior Assistant Loco Pilot
(Group "C" Post),
Chief Crew Traction Controller Office
Nandurbar, Western Railway, Nandurbar
and residing at : 97/L/B,
Railway Colony, Nandurbar,
Village, Post and Taluka-
Nandurbar, District:Nandurbar,
State of Maharashtra,
Pin Code : 425 412.
7 OA Nos.315/2016 & 303/2017
12. Sukhvir Singh
Son of Shri Mahendra Singh,
Date of Birth:27.01.1988,
Age:29 years 3 months,
Working as : Senior Assistant Loco Pilot
(Group "C" Post),
Chief Crew Traction Controller
Office Nandurbar, Western Railway,
Nandurbar and residing at:80/L/A,
Railway Colony, Nandurbar,
Village, Post and Taluka -
Nandurbar, District:Nandurbar,
State of Maharashtra,
Pin Code:425 412.
13. Dileep Kumar,
Son of Shri Dhaneshwar Pandit,
Date of Birth:10.03.1983,
Age:34 years 1 months,
Working as:Senior Assistant Loco
Pilot (Group "C" Post),
CTCC Office-BDTS, Loco Pilot
& Guard Lobby Near Bandra
Terminus, Khar East, 400 050
(Maharashtra State) and
residing at : 85/10,
2nd Floor, Western Railway
Quarters, Post-Vasai,
Taluka - Vasai,
District:Palghar,
Maharashtra, Pin Code:
401 202.
14. Alok Ranjan
Son of Shri Jaygovind Pd. Mehta,
Date of Birth:05.12.195,
Age:36 years 5 months,
Working as:Senior Assistant Loco
Pilot (Group "C" Post)
CTCC Office BDTS,
Loco Pilot and Guard Lobby,
Near Bandra Terminus,
Khar Road (East),
Mumbai - 400 051, and
residing at:Y-3/305,
3rd Floor, Woodland Complex,
Naigaon, Post-Naigaon,
District-Palghar,
State of Maharashtra,
Pin Code - 401 202.
8 OA Nos.315/2016 & 303/2017
15. Pravanjan Kumar
Son of Vidyanand Chaudhary,
Date of Birth:04.03.1989,
Age:28 years 2 months,
Working as:Senior Assistant
Loco Pilot (Group "C" Post),
CTCC Office, Loco Pilot and
Guard Lobby, Near Bandra Terminus,
Khar (East), Mumbai - 400 050 and
residing at:Y-3/304, 3rd Floor,
Woodland Complex, Naigaon,
Post Naigaon,
District-Palghar,
State of Maharashtra,
Pin Code : 401 202.
16. Vikash Kumar,
Son of Shri Suraj Veer Singh,
Date of Birth:07.02.1981,
Age:36 years 3 months,
Working as : Senior Assistant Loco
Pilot (Group "C" Post),
CTCC Office, Valsad, Western Railway,
Valsad, and residing at:478/A,
East Railway Colony,
Valsad, Village, Post and
Taluka-Valsad, District:Valsad,
State of Gujarat,
Pin Code:396 001.
17. Arvind Kumar,
Son of Shri Mahendra Singh,
Date of Birth:31.12.1978,
Age:38 years 4 months,
Working as:Senior Assistant Loco Pilot
(Group "C" Post), Chief Crew Traction
Controller Office Nandurbar,
Western Railway,
Nandurbar and residing at:08,
Bimal Vihar, P.N. Patel,
Post and Taluka-Nandurbar,
District:Nandurbar,
State of Maharashtra,
Pin Code:425 412.
18. Nitish Kuma,
Son of Late Parashnath Tarun,
Date of Birth:10.02.1991,
Age:26 years, Working as:Senior
9 OA Nos.315/2016 & 303/2017
Assistant Loco Pilot
(Group "C" Post),
CTCC Office UDN,
Udhana, Western Railway,
(BCT) and residing at:Kathauli,
Post-Mai-Farida, Taluka-Rahui,
District-Nalanda,
State Bihar,
Pin Code:803 113.
19. Bhoopendra Singh Dhaked,
Son of Shri Man Singh Dhaked,
Date of Birth:02.07.1985,
Age:31 years 9 months,
Working as : Senior Assistant Loco Pilot
(Group "C" Post), Chief Crew Traction
Controller-Valsad, Western Railway,
Valsad 396 001 and residing at:
A.No.148/L/A, 1st Floor, West Railway
Yard, Valsad, Taluka
and District:Valsad,
Gujarat-Pin Code:396 001.
20. Raj Kumar
Son of Ram Bilash Singh,
Date of Birth:10.10.1990,
Age:26 years 7 months,
Working as:Senior Assistant
Loco Pilot (Group "C" Post),
CTCC UP-TILL-NOW-Udhana
(Western Railway), and
residing at:C/55, Lasmi
Narayan-2, Village - Nagam,
Taluka-Surat,
District:Surat,
State -Gujrat. ... Applicants
(By Advocate Shri R.G. Walia)
Versus
1. The Union of India,
Through the General Manager,
Western Railway, Headquarters Office,
Churchgate, Mumbai 400 020.
2. DRM (Divisional Railway Manager)
Western Railway, Mumbai Division,
DRM's Office, Mumbai Central,
Mumbai 400 008.
10 OA Nos.315/2016 & 303/2017
3. Railway Board,
Through the Secretary,
Railway Board, Rail Bhavan,
Raisina Road, Rafi Ahmed Kidwai Marg,
New Delhi 110 011. ... Official Respondents
1 to 3
4. Kamlesh Meena,
Working as Sr. Assistant Loco Pilot
under DRM (Divisional Railway Manager),
Western Railway,
Mumbai Division,DRM's Office,
Mumbai Central, Mumbai 400 008.
5. Khemraj Singh,
Working as Sr.Assistant Loco Pilot under DRM
(Divisional Railway Manager),
Western Railway, Mumbai Division,
DRM's Office,
Mumbai Central, Mumbai 400 008.
6. Ram Bhajan Meena,
Working as Sr.Assistant Loco Pilot under DRM
(Divisional Railway Manager),
Western Railway,
Mumbai Division, DRM's Office,
Mumbai Central, Mumbai 400 008.
7. Rajesh Kumar,
Working as Sr.Assistant Loco Pilot under DRM
(Divisional Railway Manager),
Western Railway,
Mumbai Division, DRM's Office,
Mumbai Central, Mumbai 400 008.
8. Heeralal Meena,
Working as Sr.Assistant Loco Pilot under DRM
(Divisional Railway Manager),
Western Railway, Mumbai Division,
DRM's Office,
Mumbai Central,
Mumbai 400 008. ... Respondents
Nos.4 to 8 are party
(Private) Respondents in
representative capacity.
(By Advocate Shri V.S. Masurkar - Official
respondents
11 OA Nos.315/2016 & 303/2017
ORDER
Per: Ravinder Kaur, Member (J)
These two Original Applications were heard together since the facts and the law involved in these two OAs are identical and the applicants have prayed for the similar reliefs. With consent of learned counsels for the parties, we dispose of these OAs vide passing a common order.
2. The applicants in OA No.315/2016 seek the following reliefs:-
"a) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the passing of the impugned orders dated 10.08.2015 and 15.03.2016 (i.e. 'A1' and Annex. 'A2' respectively) and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same as far as the it relates to the grant and providing of illegal reservation in the matter of promotion.
b) This Hon'ble Tribunal be pleased to order and direct the respondents not to provide reservation henceforth in the matter of promotion to the SC/ST employees and to hold that the reservation as provided in the matter of promotion in the Loco Running Cadre by Western Railway is illegal and wrong.
c) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
d) Costs of this Original Application be provided for;"
12 OA Nos.315/2016 & 303/2017
3. The applicants in OA No.303/2017 seek the following reliefs:-
"a) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the issuance of the impugned Seniority List dated 13.02.20217 i.e. Annx.'A1' and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same with a further direction to the respondents to issue a fresh Seniority List by following CATCH-UP-PRINCIPAL/RULE.
b) This Hon'ble Tribunal be pleased to order and direct the respondents not to provide reservation henceforth in the matter of promotion to the so-
called/referred SC/ST employees and to hold that the reservation of posts as provided in the matter of promotion is illegal and wrong and accordingly quash and set aside the same.
c) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case". OA No.315/2016
4. Vide present OA, the applicants have challenged the impugned order dated 15.03.2016 (Annex A-1) and order dated 10.08.2015 (Annex A-
2) issued by the respondents with the allegations that these orders have been issued by the respondents illegally and arbitrarily granting and continuing reservation to the Members of the Schedule Caste and Schedule Tribe in the matter of promotion, accelerated seniority, etc, without 13 OA Nos.315/2016 & 303/2017 ascertaining--
(i) the backwardness of the castes and tribes included in the list of SC/ST,
(ii) the aspect of adequate representation in service,
(iii) the relevance/necessity of reservation in the service on the basis of quantifiable data,and
(iv) the effect of reservation on maintenance of efficiency of administration 4.1 It is alleged by the applicants that the respondents are illegally diverting the general posts towards reservation in violation of the law laid down by the Hon'ble Apex Court in the case of M. Nagraj & others Vs. Union of India & Others, 2007 (1) SCC (L&S) 1013 and various other decisions. The action of the respondents providing reservation and diverting the posts which are to be filled purely on the basis of general seniority amongst persons presently working on the posts of Assistant Loco Pilot, is illegal. The present applicants are senior to the Assistant Loco Pilots nominated for promotional courses vide impugned order dated 15.03.2016. Therefore, the applicants who are seniors will be superseded for the posts of Loco Pilots (Goods) which are otherwise to be filled 14 OA Nos.315/2016 & 303/2017 up purely on the basis of general seniority. Regarding the impugned suitability list dated 10.08.2015, it is claimed that the employees are being adjusted against SC and ST posts which are not at all available. These actions of the respondents are termed as illegal and unconstitutional, there being no rule providing for reservation in the matter of promotion without compliance of the pre-requisites as laid down by the Hon'ble Apex Court in the case of M. Nagraj (supra). On account of the illegal action of the respondents in providing reservation in promotions, the applicants have been stagnated on the posts of Assistant Loco Pilot whereas their juniors belonging to reserved categories have been promoted to the higher posts of Loco Pilot (Goods).
4.2 In the light of the above submissions, the applicants seek quashing and setting aside of the impugned orders Annex A-1 and A-2 and also seek directions to the respondents not to provide reservation henceforth in promotions to the SC/ST employees.
15 OA Nos.315/2016 & 303/2017OA No.303/2017
5. The applicants have challenged the Seniority List dated 13.02.2017 on the grounds that it is in deviation from the Provisional Seniority List of Loco Pilots issued on 16.12.2013. The applicants who belong to OBC and General Category were earlier senior to some of the candidates in the reserved category who have now superseded the applicants. The another ground of challenge to this Seniority List dated 13.02.2017 is that the "CATCH-UP PRINCIPLE" of granting original seniority to the erstwhile seniors has completely been ignored by the respondents. Due to such illegal action of the respondents, the persons who were granted promotion illegally purely on the basis of reservation have also been granted "Accelerated Seniority" vide the impugned Seniority List noted above.
5.1 A representation was made by the applicants dated 10.03.2017 against the Seniority List dated 13.02.2017 (provisional). However, the respondents did not decide it and instead maliciously started operating the Seniority List dated 13.02.2017 whereby the juniors to the 16 OA Nos.315/2016 & 303/2017 applicants are illegally shown as senior and were also sent for promotional training course for the posts of Loco Pilot(Goods) i.e. the next promotional posts.
5.2 It is the contentions of the applicants that by issuance of the impugned Seniority List, the respondents have violated the law laid down by the Hon'ble Apex Court in the case of M. Nagraj, S. Panneer Selvam and B.K. Pavitra as well as the judgment of Hon'ble Bombay High Court in the case of Mumbai Port Trust Non-SC/ST Employees Association.
5.3 The applicants further contend that none of the pre-requisite requirements of the constitutional provision for providing reservation is satisfied in case of the candidates for whom reservation in promotions has been provided by the respondents.
6. Both the OAs have been contested by the respondents. They have filed detailed replies denying the averments made by the applicants.
7. In OA No.315/2016, vide interim order, the Tribunal had stayed the operation of the impugned order dated 15.03.2016 (Annex A-1) and the interim stay is continuing till date. 17 OA Nos.315/2016 & 303/2017
In OA No.303/2017 also the operation of the impugned seniority list dated 13.02.2017 has been stayed vide interim order and the stay is continuing till date.
8. In both the above noted cases, the common issue involved is regarding the action of the respondents providing reservation in promotion in violation of the law laid down by the Hon'ble Apex Court in the case of M. Nagraj(supra) and various other judgments.
9. The respondents have filed MA No.626/2021 in OA No.315/2016 and MA No.625/2021 in OA No.303/2017 for early hearing on the grounds that the impugned orders have been stayed vide interim relief which is continuing till date. The HOD concerning the Loco running cadre i.e. Sr. DEE(O), MMCT, has informed the Personnel Branch that there are approximately 70 vacancies in the cadre of Loco Pilots Pass/EMU i.e. Motormen and these vacancies will increase due to retirement and on promotion in the higher categories of LP/Mail & CLIs. These vacancies cannot be filled up due to adhoc Loco Pilot (Goods) available in the cadre and they also cannot be promoted till outcome of both these pending cases. The 18 OA Nos.315/2016 & 303/2017 respondents have expressed their concern that it will be difficult to manage train operations on main line and in suburban sections.
10. It is further insisted that the earlier disposal of these cases is necessary so that adhoc Loco Pilot (Goods) can be regularised and then only the vacancies of Loco Pilot Pass/EMU i.e. Motormen can be filled up. The respondents have categorically mentioned in both the MAs that as held by the Hon'ble Apex Court and this Tribunal, there will not be provided reservation in promotions and the promotions will be implemented based on the general seniority in the base grade in the cadre of Loco Pilot/Running cadre.
11. We have heard learned counsels for both the parties.
12. Shri Masurkar submits that the respondents shall remain bound by their statement made in para (ix) of both the above referred MAs, to the effect that they will not grant any reservation in promotions and that the promotions will be implemented based on the general seniority list in the base grade in the cadre of Loco Pilot/Running cadre. Shri Masurkar requests that 19 OA Nos.315/2016 & 303/2017 on the basis of this statement of the respondents, both the OAs be disposed of.
13. Shri Walia submits that if base seniority in the post of Loco Pilots will be followed by the respondents while granting promotion, then he has no objection to disposal of both these OAs in terms of the statement of the respondents.
14. After hearing learned counsels for both the parties, we have carefully gone through the material available on record and we are conscious of the fact that on account of interim relief granted in both the OAs, the respondents are unable to fill up the vacancies in the cadre of Loco Pilot Pass/EMU i.e. Motormen and the number of vacancies is also likely to increase due to retirement and promotion of the employees in the higher categories of LP/Mail & CLIs. We also understand the dilemma of the respondents that these vacancies cannot be filled due to adhoc Loco Pilots (Goods) available in the cadre who cannot be promoted till the outcome of these Court cases.
15. In the facts and circumstances of both these cases, we deem it appropriate to dispose of both these OAs in the light of the statement of 20 OA Nos.315/2016 & 303/2017 the respondents referred to above. Consequently, in OA No.315/2016, the impugned orders dated 15.03.2016 (Annex A-1) and dated 10.08.2015(Annex A-2)shall not be operated by the respondents and they shall withdraw them. In OA No.303/2017, the impugned seniority list dated 13.02.2017 (Annex A-1) which was prepared while granting reservation in promotions shall also not be operated by the respondents and they will consider eligible Loco Pilots for promotion as Motormen based on the general seniority in the base grade in the cadre of Running cadre in terms of the undertaking/statement submitted by the respondents vide para (ix) of MA No.626/2021 in OA No.315/2016 and MA No.625/2021 in OA No.303/2017. The respondents shall remain bound by their statement in both these MAs.
16. In view of the above, both the OAs stand disposed of. All the pending MAs, if any, stand closed. No order as to costs.
(Ravinder Kaur) (Bhagwan Sahai)
Member (J) Member (A)
ma.