Central Administrative Tribunal - Bangalore
G Srinivas Rao vs Rail Wheel Factory on 25 March, 2024
1
OA.No.170/287/2023/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00287/2023
DATED THIS THE 25th DAY OF MARCH, 2024
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
1. Sri.G.Srinivas Rao,
Son of Ramana Reddy,
Aged about 44 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
2. Sri. Venkata Reddy .G
Son of Veerakalaiah,
Aged about 49 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
3. Sravan Kumar .V,
Son of late Venkateshwaralu,
Aged about 35 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
4. Sri.Samay Singh Meena,
Son of Panchu Lalmeena
Aged about 42 years, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
5. Sri.Raju Choukli,
Son of Maruthi,
Aged about 46 years,
Rail Wheel Factory,
Yelahanka,
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OA.No.170/287/2023/CAT/Bangalore Bench
Bengaluru -560064
6. Sri.M.Baskaran,
Son of A.Muniswamy,
Aged about 52 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
7. Sri.Seenana,
S/o Veeranna,
Aged about 50 years,
SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
8. Sri. Amarjet Singh,
Son of Shailendra Singh,
Aged about 37 years, SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
9. Sri.Dharmendra Kumar,
Son of Shambhu Prasad,
Aged about 36 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
10. Sri.Jaganna .H,
Son of Hanumanth Rayappa,
Aged about 54 years,
SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
11. Sri. Venkatesha R,
Son of Rudrappa,
Aged about 58 years,
SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
12. Sri. Manjunathan N,
Son of Nagappa M
Aged about 34 years,
SP-Bay/ RWF
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OA.No.170/287/2023/CAT/Bangalore Bench
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
13. Sri. Venkatesh A,
Son of K. Anandan,
Aged about 49 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
14. Sri.K.Srinivasalu,
Son of K.Kannaiah,
Aged about 49 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
15. Sri.Chinneddula Venkatesh,
Son of C. Ashwathappa,
Aged about 47 years, SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
16. Sri.Rajagopal,
Son of Venkatappa,
Aged about 47 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
17. Sri.D.N.Rajashekar,
Son of Nanjappa,
Aged about 51 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
18. Sri. Vinod Kumar C.V,
Son of Veerappa C.S,
Aged about 45 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
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OA.No.170/287/2023/CAT/Bangalore Bench
19. Sri.Girish B.B,
Son of Basavashetty,
Aged about 31 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
20. Sri.B.J.Dyamapa,
Son of B.K.Jayappa,
Aged about 45 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
21. Sri.Harishchandra,
Son of Vissaram,
Aged about 46 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
22. Sri.Keshva Murthy. V,
Son of Venkatesh .V,
Aged about 41 years,
SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
23. Sri. Kiran K.K,
Son of Kanthyappa K,
Aged about 47 years, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
24. Sri.Mallinatha Shetty,
Son of Seetharama Shetty,
Aged about 43 years, SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru - 560064
25. Sri.K.Sudhakar .K,
Son of late Penchalaiah,
Aged about 50 years,
SP-Bay/ RWF
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OA.No.170/287/2023/CAT/Bangalore Bench
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
26. Sri. Chandrashekar Naik,
Son of Venkataramana Naik
Aged about 40 years, SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
27. Sri.A.Lucas,
Son of Anthonyswamy,
Aged about 49 years, SP-Bay/ RWF
Rail Wheel Factory, Yelahanka,
Bengaluru -560064
28. Sri.Subhash Chandra Umachagi,
Son of Fakeerappa,
Aged about 41 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
29. Sri.Sathyarajulu,
Son of Govindarajalu,
Aged about 40 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
30 Sri.Santhosh Devaraya Naik,
Son of Devaraya Naik,
Aged about 34 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
31. Sri.Parashuram H.K,
Son of Hanumanthappa,
Aged about 32 years, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
32. Sri.Shankara Rao,
Son of Koteshwar Rao,
Aged about 48 years, SP-Bay/ RWF
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OA.No.170/287/2023/CAT/Bangalore Bench
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
33. Sri.Hanumantharaya,
Son of Sayabanna,
Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
34. Sri.Muttanna Ghanti,
Son of Mallappa,
Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
35. Sri.Santhosh Chavan,
Son of Narayana
Major in age, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
36. Sri.Pradeep R,
Father's name not known,
Major in age, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
37. Sri.Naveen Jalageri,
Son of Sadashiva,
Aged about 36 years, SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
38. Sri.Devaraj M,
Son of Munivenkatappa,
Aged about 58 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
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OA.No.170/287/2023/CAT/Bangalore Bench
39. Sri. Vijay Kumar H,
Son of Hanumanthaiah,
Aged about 39 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
40. Sri. Virupakashaiah .R,
Son of Rajashekaraiah,
Aged about 56 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
41. Sri. Ramphool Meena,
Son of Chandalal Meena,
Aged about 40 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
42. Sri.Kondaiah,
Son of Malakondaiah P
Aged about 57 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
43. Sri. Binod Kumar Singh,
Son of Bishwanth Singh,
Aged about 51 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
44. Sri. Balveer Meena,
Son of Failee Ram Meena,
Aged about 38 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
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OA.No.170/287/2023/CAT/Bangalore Bench
45. Sri. M. Yohan,
Son of Jacob, Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
46. Sri. E. Vinod Kumar,
Son of Gangappa,
Aged about 47 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
47. Sri. Roshan Kumar,
Son of Nandakishore Singh,
Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
48. Sri. Sathish Karvi,
Son of Nayakharu,
Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
49. Sri. Bhaskar Rao,
Son of Neelakanta,
Major in age,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
50. Sri. Shivaraj Singh Rajput,
Son of Vital Singh,
Aged about 36 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
51. Sri. Shivanand Doddamani,
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OA.No.170/287/2023/CAT/Bangalore Bench
Son of Ramappa,
Aged about 39 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
52. Sri. Maruthi Hullikeri,
Son of Siddappa,
Aged about 37 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
53. Sri. Sikandar Prasad,
Son of Mohan Prasad,
Aged about 46 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
54. Sri.Manjunatha .G,
Son of Gangaiah .A,
Aged about 38 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
55. Sri.Praveen,
Son of Nagappa,
Aged about 46 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064
56. Sri.Arul Selva Kumar,
Son of Vivekanandan,
Aged about 37 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
57. Sri. Balakrishna H.L,
Son of Lakshmipathi H.D
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OA.No.170/287/2023/CAT/Bangalore Bench
Aged about 34 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
58. Sri.Ningondappa R.H,
Son of Ramappa,
Aged about 37 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
59. Sri.Deepak Bharadwaj,
Son of Harish Kumar Sharma,
Aged about 37 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
60. Sri.Pradeep .B,
Son of Basavaraju,
Aged about 27 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064.
61. Sri. Bukkenarayana Naik.
Son of B. Thirupal Naik,
Aged about years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
62. Sri.Dinesh Kumar,
Son of Surendra Prasad,
Aged about 41 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
63 Sri. Uday Singh,
Son of Jagadishchandra,
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OA.No.170/287/2023/CAT/Bangalore Bench
Aged about 48 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
64. Sri. V.Rudrappa,
Son of Veerabhadrappa,
Aged about 50 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
65. Sri. Suresh Babu H.K,
Son of Karishetty Urs,
Aged about 36 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
66. Sri. Shyamlal Verma,
Son of Shankarlal Verma,
Aged about 35 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
67. Sri. Reddy Babu .B,
Son of Venkatasubbaiah,
Aged about 50 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064.
68. Sri Shankarappa.R,
Son of Rudrappa,
Aged about 47 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
69. Sri. Jagadeeshwara Reddy,
Son of Bala Reddy,
Aged about 52 years,
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OA.No.170/287/2023/CAT/Bangalore Bench
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
70. Sri. Ramhari Meena,
Son of Badree Prasad Meena,
Aged about 42 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
71. Sri. Purushothaman D
Son of Dhanapal,
Aged about years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
72. Sri.Shankarkumar M,
Father's name not known,
Aged about 46 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064
73. Sri. Shantha Kumar .B,
Son of Balappa,
Aged about 47 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
74. Sri. Murali,
Son of Munibasappa,
Aged about 45 years,
SP-Bay/ RWF
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064. ...Applicants
(By Advocate Shri Joshua Paul)
Vs.
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OA.No.170/287/2023/CAT/Bangalore Bench
1. The General Manager,
Rail Wheel Factory,
Yelahanka,
Bengaluru -560064.
2. The Principal Chief Personnel Officer,
Rail Wheel Factory,
Yelahanka,
Bengaluru - 560064. ....Respondents
(By Shri N. Amaresh, Sr. Panel Counsel)
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To declare that the Notification dated 11.10.2022 bearing No. RWF/PM-36/761 (Annexure A4) issued by the respondents vide which, panel had been prepared by the respondents for consideration for the post of Junior Engineer in level-6 of RS(RP) Rules 2016 against the 25% promotional quota in the Wheel Unit Seniority of Mechanical Department, is just and proper.
b) To quash the Memorandum notifying separation of sanctioned strength and seniority units of Supervisors of Wheel Unit and Scrap Processing Bay (SP Bay) Ref No. RFW/PC-45/845 dated 27.04.2023 (Annexure A5), vide which, separate sanctioned strength and seniority units of Supervisors of Wheel Unit and Scrap Processing Bay (SP Bay) have been specified.14
OA.No.170/287/2023/CAT/Bangalore Bench
c) To quash the cancellation of the notification, for the Post of Junior Engineer in the Wheel Unit, made by the respondents vide their letter Ref No. RFW/PM-36/761 dated 02.05.2023 (Annexure A6).
d) To quash the notification bearing No. RWF/PM-36/761 (SP-Bay) dated 05.06.2023 (Annexure-A8) vide which a separate panel for the post of Junior Engineer/SP Bay in level-6 of RS(RP) Rules 2016 against the 25 % promotional quota in the SP Bay seniority unit of Mechanical Department has been proposed.
e) To quash the notification bearing No. RWF/PM-36/761 (Wheel) dated 05.06.2023 (Annexure-A9) in respect of Wheel Unit vide which a separate panel is proposed to be formed for the post of Junior Engineer/Wheel Unit in level-6 of RS(RP) Rules 2016 against the 25% promotional quota in the Wheel seniority list of Mechanical Department.
f) To direct the Respondents to consider the list mentioned in the notification dated 11.10.2022 and their seniority to the post of Junior Engineer.
2. The facts of the case as averred by the applicants in their pleadings, are as follows:
a) The applicants were working in Scrap Pre-conditioning Bay (SPC-
Bay)/ Steel Melt Shop along with other employees in the respondents' workshop. SPC-Bay was brought under the incentive scheme w.e.f., 01.03.2019 by the Railway Board and kept under the administrative 15 OA.No.170/287/2023/CAT/Bangalore Bench Control of Wheel shop in Mechanical Department, vide Notification bearing No.2009/M(PU)/1/40 Pt dated 25.01.2019 (Annexure-A1).
b) Subsequent to the merger of SPC-Bay Unit with the Wheel Unit, the applicants were entitled for incentives as well as promotions. In the Wheel unit, there are nearly 300 employees and in the SPC-Bay there are nearly 127 employees. In the Wheel unit department, the employees along with the applicants are entitled for consideration to the post of Junior Engineer.
c) There were a number of vacancies for the post of Junior Engineer in the Wheel Unit. The respondents after considering the same prepared the provisional seniority of the Senior Technicians /SP Bay of Mechanical Department as on 01.01.2022 in various grade levels and issued the same on 31.02.2022. After considering the Seniority list, the Respondent's factory has issued the first Notification bearing No. RWF/PM-36/761 dated 03.06.2022 for the formation of panel for the post of Junior Engineer in level-6 of RS (RP) in the Mechanical Department.
d) The Respondents, subsequently, issued notification dated 11.10.2022 bearing No. RWF/PM-36/761 (Annexure-A4) for formation of panel for the post of JE in Level 6 in the Wheel Unit of Mechanical Department. The respondents thereafter issued letter dated 02.05.2023, cancelling the notification dated 11.10.2022 for the post of Junior Engineer in Level 6 in the Wheel Unit.
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OA.No.170/287/2023/CAT/Bangalore Bench
e) Subsequently, the respondents issued notification bearing No. RWF/PM-36/761 (SP Bay) dated 05.06.2023 (Annexure-A8) in respect of the seniority of SP-Bay unit. Simultaneously, another notification dated 05.06.2023, bearing No. RWF/PM-36/761 (Wheel) in respect of Wheel Unit was issued indicating the seniority of the Wheel Unit separately.
f) The respondents by issuing these two notifications separated one department and the applicants lost their seniority. The SP-Bay unit was merged in the year 2019 with the Wheel unit. The applicants cannot be treated as a separate unit and require to be treated as the employees of Wheel Unit Department and to consider them eligible for the post of Junior Engineer, as per their seniority. The applicants are of the same department and they are senior technicians. If the notification dated 5.6.2023 is considered, the applicants will lose the chances of seniority and till their life time they will not be eligible for the post of Junior Engineer.
g) The applicants are aggrieved by the notification no. RWF/PM-36/761 (SP Bay) dated 05.06.2023 (Annexure-A8), and they are before this Tribunal seeking justice.
3. The respondents have filed their written statement wherein they have averred as follows:
a) The applicants are working as Technicians in various grades in the Scrap Pre-conditioning Bay (SP Bay) under the Melting shop of 17 OA.No.170/287/2023/CAT/Bangalore Bench Mechanical Department. They have filed this O.A. challenging Notifications dated 27.04.2023 (Annexure A5), 02.05.2023 (Annexure A6) and 05.06.2023 (Annexure A8 & A9).
b) Separate Notifications dated 05.06.2023 (Annexure A8 & A9) have been issued after considering the views of the Joint Secretary, Staff Council, vide his letter dated 21.03.2023. He is an elected office bearer of the Staff Council. The Staff Council is the recognized medium for redressing staff grievances and other staff issues / welfare measures.
c) In Rail Wheel Factory, there are 6 distinct seniority units of Technicians in the Mechanical department viz. Wheel Unit Operators, Axle Unit Operators, Fitter Maintenance Unit, Mechanic Motor Vehicle, Machinist and Scrap Pre-conditioning Bay (SP Bay). The cadre of Technicians viz., Wheel Unit Operator exists in Rail Wheel Factory from the year 1985 i.e. from the inception of this Factory.
d) As per the avenues available for promotion, the Technicians of Wheel Unit Operators progress upto the level of Senior Technicians and, thereafter, enter the cadre of Supervisors viz. Junior Engineers in the seniority group of Wheel Unit.
e) The Technicians working in the Wheel Unit of Mechanical Department are directly involved in production of Wheels and Wheel sets. They are eligible to draw Group Incentive (GIS) @ the rate of 100% under the (GIS) as per the GIS policy laid down for this purpose, from the year 1989-90. In 2019, the staff working as Technicians in SP Bay 18 OA.No.170/287/2023/CAT/Bangalore Bench (Scrap Pre-conditioning Bay) in Stores department, were brought under the indirect Group Incentive Scheme (GIS) i.e. @ 80% as compared to Technicians working in Wheel shop/Wheel Unit who were drawing Incentive @ 100%, in terms of instructions contained in Railway Board's letter dated 25.01.2019.
f) The posts of Junior Engineers in the Wheel Unit are filled through two different processes of selection i.e. (a) 25% quota from among Senior Technicians Wheel Unit Operator and (b) 25% quota through a selection process viz. Intermediate Grade Apprentice which is filled up from among Technicians with pre-requisite conditions as laid down by Railway Board.
g) In 2001, as per the directives of CGIT and Ministry of Labour and Employment, few Contract labourers (few of them are now the applicants in the present O.A), who were working in SP Bay area under the control of Stores department of then Wheel and Axle Plant, now re-
named as Rail Wheel Factory, were absorbed on regular basis in erstwhile Group 'D' posts in 2001, by a duly constituted screening committee nominated for this purpose. The nature of work of these Contract labourers who were working in S P Bay, was to cut scrap and supply to Melting shop of Mechanical department for production of Wheels and Wheel sets.
h) These regularly absorbed erstwhile Group 'D' staff were initially posted as Helpers in the Stores department to do the work of scrap cutting, Wheel Set Despatch, Material Handling and dispatching of 19 OA.No.170/287/2023/CAT/Bangalore Bench finished products, consequent to abolition of Contract labour in these areas of Stores department.
i) In 2004, the Seniority Unit of Technicians of Scrap Pre-conditioning Bay (SP Bay) was formed under the Stores department. This seniority unit was formed in 2004 by calling volunteers from Helpers working in various departments including those Helpers working in SP Bay wing, material handling and dispatching of finished products of Stores department.
j) Contract labourers who were working as Helpers in the SP Bay wing of Stores department and thereafter absorbed on regular basis as a result of abolition of contract, had given their option to progress as Technicians in the Scrap Pre-Conditioning Bay (SP Bay) under the control of Stores department. On exercising their option, they were brought under the seniority unit of Technicians of SP Bay and allowed to continue in this newly formed seniority unit of Technicians of SP Bay in the Stores department.
k) The post of Junior Engineer in Level-6 against 25% Promotional quota was available for filling up in the Wheel Unit Seniority Unit of Mechanical Department since the inception of this Factory in 1985. This post was filled up from amongst Senior Technicians in Wheel Unit Operators of Mechanical department who were working in identical pay Levei-6.
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OA.No.170/287/2023/CAT/Bangalore Bench
l) The staff working in SP Bay, who were till then working in Stores department were also covered under the GIS @ 80% from March 2019 as per Railway Board's letter dated 25.01.2019. It was decided by the administration that all the Helpers and Technicians working in SP Bay who were under the control of Stores department, should be brought under the control of Mechanical department for better administration. Accordingly, all the Helpers and Technicians working in SP Bay of Stores department, were brought under the control of Melting shop of Mechanical department, vide Office Order No. RWF/ESTT/048 dated 01.03.2019, with the approval of the competent authority.
m) Prior to the transfer of the above Technicians of SP Bay of Stores department to Melting shop of Mechanical department, they were working under the control of Depot Materials Superintendent (DMS) and Chief Depot Materials Superintendent (CDMS) of Stores department, as they had no avenue of promotion for progressing as Supervisors. In addition to transfer of Helpers and Technicians of SP Bay of Stores department to Melting shop of Mechanical department, one post of Chief Depot Materials Superintendent (CDMS) in Level-7 and 03 (Three) posts of Depot Materials Superintendent (DMS) in Level-6 of Stores department were also transferred to Mechanical department for operation as Senior Section Engineer (SSE) in Level-7 and Junior Engineers in Level-6 to the seniority unit of Technical Supervisors of Wheel Unit of Mechanical department, vide No. RWF/ESTT/049 dated 01.03.2019. Therefore, the seniority unit for 21 OA.No.170/287/2023/CAT/Bangalore Bench Technicians of SP Bay remained separate for them to progress in their career from the post of Technician Gr. III to Senior Technicians.
n) Joint Secretary, Staff Council, is an elected office bearer by the staff as per the statutory provisions laid down by Railway Board contained in Para 2601 of Indian Railways Establishment Manual Vol. II (Annexure R3). He represents the staff for negotiating the issues raised by the staff with the administration in Production Units under the Ministry of Railways. He had preferred a representation vide letter dated 27.12.2019, requesting that avenue may also be made for the Technicians working in Scrap Pre-conditioning Bay for their promotion to the post of Junior Engineer in Level-6 along with Technicians working in the Wheel Unit of Mechanical department and also merging the seniority of the Supervisors of SP Bay with Supervisors of Wheel Unit. Joint Secretary had also requested that the seniority of Technicians and Helpers of SP Bay may be kept as separate unit and the vacancies of Technicians of SP Bay may be filled on the same line as is being done in the case of other Technicians of Mechanical department viz. Wheel Unit Operators, Axle Unit Operators etc.
o) His request was agreed to by the administration vide letter No. RWF/TR-24/275 dated 27.01.2020, for providing the avenue of progression of Technicians of Scrap Processing Bay (SP Bay) to the post of Junior Engineer (Wheel) against 25% Promotional quota. It was decided, to allow the Technicians working in Scrap Pre-Conditioning 22 OA.No.170/287/2023/CAT/Bangalore Bench Bay of Mechanical department to appear in the selection for the post of Junior Engineer in Level-6 against 25% Promotional quota and 25% Intermediate Apprentice Quota/Limited Departmental Competitive Examination quota, along with Technicians working in Wheel Unit of Mechanical department.
p) A Notification was accordingly issued vide Notification No. RWF/PM-
36/761 dated 03.06.2022 (Annexure A3) for filling up of 09 posts of Junior Engineers (Wheel) against 25% Promotional quota. As per this Notification, 27 Senior Technicians from both Wheel Unit and SP Bay in their order of integrated seniority were eligible to appear in the selection. However, only 10 Senior Technicians working in Wheel Unit were available in the field of eligibility and remaining 17 candidates belonged to Senior Technicians of SP Bay. In addition, three standby employees also belonged to SP Bay.
q) Since the post of Junior Engineer (Wheel) against 25% promotional quota was required to be filled up by both Senior Technicians working in SP Bay and Senior Technicians of Wheel Unit as per the Avenue of Progression Notified vide this Office letter no. RWF/TR-24/275 dated 27.01.2020, the field of eligibility indicated in the Notification No. RWF/PM-36/761 dated 03.06.2022, consisted of ten from Wheel Unit and seventeen from SP Bay, though the total length of service of Senior Technicians in SP Bay was considerably less than that of Senior Technicians of Wheel Unit.
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r) Aggrieved by this Notification No. RWF/PM-36/761 dated 03.06.2022, Senior Technicians from Wheel Unit preferred a representation to the administration requesting to cancel the Notification, as they were deprived of promotion to the category of JE/Wheel, compared to Senior Technicians working in SP Bay, since the staff working in SP Bay were appointed much later in service and also got accelerated promotion to the post of Senior Technician compared to them, which resulted in their names coming in the field of eligibility for the said selection.
s) Joint Secretary, Staff Council, vide letter dated 14.07.2022 requested the administration to issue separate notification for the post of Junior Engineer against 25% promotional quota for Wheel Unit and SP Bay depending upon the number of vacancies existing in these two categories. He also requested that after promotion, the category of JEs can be merged with Wheel Shop Supervisors Seniority.
t) The Notification No. RWF/PM-36/761 dated 03.06.2022 was cancelled vide Notification No. RWF/PM-36/761 dated 12.08.2022 due to administrative reasons to ensure that holding of selection for the post of Junior Engineers of Axle Unit and Maintenance Unit against 25% promotional quota, is not held up due to representations received for holding of selection for the post of Junior Engineer/ Wheel against 25% promotional quota.
u) The representation of Joint Secretary, Staff Council dated 14.07.2022 was not considered at that stage and another Notification No. 24 OA.No.170/287/2023/CAT/Bangalore Bench RWF/PM-36/761 dated 11.10.2022 was issued separately for formation of panel of 9 candidates for the post of Junior Engineer against 25% Promotional quota in the Mechanical department. The field of eligibility was constituted which comprised of Senior Technicians working in Wheel Unit as well as SP Bay i.e. 06 were from Wheel Unit and remaining 21 were from SP Bay.
v) Joint Secretary, Staff Council, vide letter dated 17.11.2022 had preferred another representation requesting to conduct separate exam for SP Bay staff and Wheel Unit staff for the post of Junior Engineers against promotional quota and after conducting the exam, these Supervisors can be merged with the Seniority of Supervisors. He represented that career progression of nearly 379 staff of Wheel Unit is going to be stagnated and which will be an injustice to the hard- working staff of Wheel shop, who had put in a much longer service vis- à-vis their counterparts in SP Bay.
w) A reference was made to Joint Secretary, Staff Council on 17.03.2023, requesting to offer views regarding separating the sanctioned strength and seniority unit for Supervisors (SSEs/JEs) of Wheel Unit and SP Bay wing as well for transfer of few posts of JE wheel Unit to SP Bay wing to ensure better promotion prospects for SP Bay Staff. In reference to this, Joint Secretary, Staff Council, vide letter dated 21.03.2023 had requested that the administration can proceed with separating the seniority unit and sanctions of Supervisors (SSEs/JEs) of Wheel Unit and SP Bay wing for better career progression of 25 OA.No.170/287/2023/CAT/Bangalore Bench Technicians of respective cadres and also to increase the supervisors ratio for SP Bay, and to issue separate notifications for filling up of vacancies of Supervisors in Wheel Unit and SP Bay wing, to resolve the long pending issue.
x) Based on the request of the Joint Secretary, Staff Council, sanction of the competent authority was communicated for separating the sanctioned strength and the seniority units of Senior Section Engineers and Junior Engineers of Wheel Unit and Scrap Processing Bay and also for transfer of one additional post of Junior Engineer in Level-6 from Wheel Unit to Scrap Processing Bay (SP Bay) in the Mechanical department, vide Memorandum No. RWF/PC-45/845 dated 27.04.2023.
y) In partial modification to the Avenue of Progression notified vide Notification No. No. RWF/TR-24/275 dated 27.01.2020, an amended Avenue of Progression of Technicians of SP Bay and Wheel Unit to the post of Junior Engineers in Level-6 in the SP Bay Seniority Unit and Wheel Unit Seniority Unit of Mechanical department was notified with immediate effect, vide letter No. RWF/PC-45/845 dated 27.04.2023. As per this amended Avenue of Progression notified vide Notification dated 27.04.2023, vacancies of Junior Engineers against 25% Promotional quota in the Scrap Processing Bay (SP Bay) will be filled up only by Technicians of SP Bay. Similarly, vacancies of Junior Engineers against 25% Promotional quota in the Wheel Unit will be filled up only by Technicians of Wheel Unit (Wheel Unit Operators). 26
OA.No.170/287/2023/CAT/Bangalore Bench After notifying the Avenue of Progression vide letter no. RWF/PC- 45/845 dated 27.04.2023, the earlier Notification No. WF/PM-36/761 dated 11.10.2022 issued for filling up of 09 posts of Junior Engineers in Level-6 against 25% Promotional quota, was cancelled. z) A fresh notification was issued for filling up of 08 posts of Junior Engineers in Level-6 against 25% Promotional quota exclusively in the Wheel Unit and drawing the field of eligibility/zone of consideration only from 24 Senior Technicians working in the Wheel Unit, vide Notification No. RWF/PM-36/761 (Wheel) dated 05.06.2023. Similarly, a Notification was also issued for filling up of 4 posts of Junior Engineers in Level-6 against 25% Promotional quota exclusively in the SP Bay, by drawing the field of eligibility/zone of consideration only from 12 Senior Technicians working in the SP Bay Unit, vide Notification No. RWF/PM-36/761 (SP Bay) dated 05.06.2023. The amended avenue of promotion gives an opportunity for the Technicians working in SP Bay to further progress as Supervisors for the post of Junior Engineers against 25% promotional quota in the SP Bay wing, as four posts of Junior Engineers have been made exclusively earmarked for their career progression in SP Bay area.
aa) It is highlighted that there has been no external influence in revising the Avenue of Progression and issuing fresh Notifications for filling up of the posts of Junior Engineers (JEs) in Level-6 against 25%. Promotional quota in Wheel Unit and Scrap Processing Bay (SP Bay) 27 OA.No.170/287/2023/CAT/Bangalore Bench separately, as alleged by the applicants in the O.A. Separate Notifications have been issued based on the representation preferred by the Joint Secretary, Staff Council, who is an elected office bearer of the Staff Council and who represents staff for their grievance. By issuing two separate Notifications for filling up of the posts of JEs in Wheel Unit and SP Bay, it has been ensured that Senior Technicians working in both these seniority units achieve their career progressions separately in these two seniority units to higher posts.
4. In their rejoinder to the reply statement, the applicants have pleaded as follows:
a) Staff Council stood only in favour of Wheel Shop unit. If the same Staff Council request to merge again with Wheel Shop, will the administration agree with the request and remerge with wheel unit.
Once the amendment is made, it cannot be reversed. The amendment made according to the Railway Establishment Rules of Avenue of Progression to the Staff of Railway, cannot be changed on others request.
b) The eligibility for the post of 25 % Promotional Quota for Junior Engineer, has nothing to do with Staff Strength, the length of Service, nor the ratio of incentive receiving. Only the date of promotion and the service in Sr. Technician grade is required to be considered.
c) The SP Bay unit are the back bone of the Wheel unit. The entire process of Wheel manufacturing commences from the SP Bay unit and final 28 OA.No.170/287/2023/CAT/Bangalore Bench process is done through WFPS (Wheel Final Process Shop). Hence the SP Bay Unit and Wheel Unit are required to be merged and common selection is required to be processed. The eligible senior technicians in SP Bay Unit will get promoted as Junior Engineer. The other employees of SP Bay Unit will also get promotional opportunities. The Respondents have intentionally separated the SP Bay unit and Wheel Unit to avoid granting promotions to the SP Bay Unit.
5. Heard learned counsels for the parties and perused the pleadings made by them.
6. In the present case, the dispute is regarding formation of separate panels amongst the Wheel unit and the SP Bay unit for consideration for promotion to the post of Junior Engineers against 25 % promotional quota in the Mechanical Department of Rail Wheel Factory.
7. The promotion to the post of Junior Engineer is considered from separate broad Technician units namely "Wheel Unit Operators", "Axle Unit Operators", "Fitter Maintenance Unit", "Mechanic Motor Vehicle", "Machinist" and "Scrap Pre-conditioning Bay (SP Bay)".
8. The Wheel Unit comprises of Technicians from the Wheel Unit and the Technicians from the Scrap Pre-conditioning Bay (SPC Bay) unit. The SPC Bay Unit was earlier under the Stores Department till 2019. However, it was transferred in 2019 to the Mechanical Department and kept under the administrative control of the Wheel Unit of the Mechanical Department. 29
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9. The promotional posts of Junior Engineers in the Wheel Unit are filled through two different processes of selection, namely 25 % quota is filled from amongst Senior Technicians in the Wheel Unit and a separate 25 % quota is filled through a selection process viz. Intermediate Grade Apprentice which is filled up from amongst all Technicians with pre- requisite conditions laid down by the Railway Board.
10. The dispute in the present case concerns filling up of the 25 % promotional quota from amongst Senior Technicians of the Wheel Unit which also includes the Senior Technicians of the SP Bay unit.
11. The Staff Council is a statutory body laid down by the Railway Board to negotiate various issues raised by the staff with the administration in the production units. The Staff Council preferred a representation in December 2019 suggesting that in order to improve the avenues for promotion for the Sr. Technicians working in the SP Bay Unit to the post of Junior Engineer in Level-6, they should be considered along with Sr. Technicians working in the Wheel Unit of the Mechanical Department. This request was agreed to by the respondents vide their letter dated 27.01.2020.
12. However, when a notification dated 03.06.2022 for filling up of 09 posts of Junior Engineer (Wheel) against 25 % Promotional quota was issued it was observed that out of 27 Senior Technicians from both the Wheel Unit and the SPC Bay Unit, only 10 Senior Technicians from the Wheel unit were listed in the field of eligibility and the remaining 17 candidates were Senior Technicians of SP Bay unit. The over strength of technicians in Wheel Unit is much higher (around 379 personnel) as compared to the strength of 30 OA.No.170/287/2023/CAT/Bangalore Bench technicians in SPC Bay Unit (around 129 personnel) approximately. The respondents have stated that the technicians of SP Bay had better promotional avenues and had earned much faster promotions to the level of Senior Technician as compared to the Technicians of the Wheel Unit. This had resulted in a dichotomy where many Senior Technicians in the Wheel Unit who had much longer overall service as technicians in the Wheel Unit, were not included in the panel for consideration for promotion to the post of Junior Engineer as compared to the Senior Technicians in the SPC Bay Unit, who had an overall shorter service as technicians.
13. Aggrieved by the notification dated 03.06.2022, the Senior Technicians from the Wheel Unit preferred a representation to the administration on the ground that as compared to the Senior Technicians working in the SP Bay Unit, they had longer period of overall service. The Staff Council also requested vide their letter dated 14.07.2022 to issue separate notifications for the post of Junior Engineer against the 25 % promotional quota for Wheel Unit and SP Bay depending upon the number of vacancies existing in these two categories.
14. Subsequent to discussions with the Staff Council, the respondent administration decided to separate the sanctioned strength and the seniority units of Senior Section Engineers and Junior Engineers of Wheel Unit and Scrap Processing Bay unit.
15. Consequently, 04 vacancies of JEs were notified for SPC Bay Unit separately vide notification No: RWF/PM-36/761 (SP-Bay) dated 05.06.2023 (Annexure-A8). 12 Senior Technicians (in the ratio of 3:1) from 31 OA.No.170/287/2023/CAT/Bangalore Bench the SPC Bay Unit were declared to be eligible to appear in the Selection process with 04 Senior Technicians of SPC Bay unit kept as stand by.
16. Similarly, 08 vacancies of JEs were notified for the Wheel Unit separately vide notification No: No. RWF/PM-36/761 dated 05.06.2023 (Annexure- A9). 24 Senior Technicians of Wheel unit (in the ratio of 3:1) from the wheel unit were declared eligible to appear in the selection process with 06 Senior Technicians of wheel unit kept as stand by.
17. The applicants, who are all from the SPC Bay unit, are aggrieved by this separation of vacancies of JEs. They have prayed that instead of considering these two units in separate seniority lists with separate posts for Junior Engineers, there should be a combined seniority list prepared for all the Sr. Technicians and all the available vacancies of JEs should be clubbed together for common consideration out of the combined list of eligible Senior Technicians available both in the Wheel Unit and SPC Bay Unit, as was envisaged earlier vide the earlier notification dated 11.10.2022.
18. The controversy involved in this case relates to cadre management of different units and the avenues for promotion within the Rail Wheel Factory. Cadre management is the domain of administration, and any decision taken by the administration in this regard is an administrative action. It is a well- settled principle in law that while exercising its powers of judicial review of any administrative action, Courts should not interfere with the administrative decision unless it suffers from the vice of illegality, irrationality, or procedural impropriety.
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19. The Honourable Apex Court in the case of Municipal Council Neemuch vs Mahadeo Real Estate, 2019 (10) SCC 738, on 17 September, 2019 had observed as under:
"14. In the present case, the learned Judges of the Division Bench have arrived at a finding that such a sanction was, in fact, granted. We will examine the correctness of the said finding of fact at a subsequent stage. However, before doing that, we propose to examine the scope of the powers of the High Court of judicial review of an administrative action. Though, there are a catena of judgments of this Court on the said issue, the law laid down by this Court in the case of Tata Cellular Vs. Union of India reported in (1994) 6 SCC 651 lays down the basic principles which still hold the field. Paragraph 77 of the said judgment reads thus:
"77. The duty of the court is to confine itself to the question of legality. Its concern should be:
1. Whether a decision−making authority exceeded its powers?
2. Committed an error of law,
3. committed a breach of the rules of natural justice,
4. reached a decision which no reasonable tribunal would have reached or,
5. abused its powers.
Therefore, it is not for the court to determine whether a particular policy or particular decision taken in the fulfilment of that policy is fair. It is only concerned with the manner in which those decisions have been taken. The extent of the duty to act fairly will vary from case to case. Shortly put, the grounds upon which an administrative action is subject to control by judicial review can be classified as under: 33
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(i) Illegality: This means the decision−maker must understand correctly the law that regulates his decision−making power and must give effect to it.
(ii) Irrationality, namely, Wednesbury unreasonableness.
(iii) Procedural impropriety.
The above are only the broad grounds but it does not rule out addition of further grounds in course of time. As a matter of fact, in R. v. Secretary of State for the Home Department, ex Brind, (1991) 1 AC 696, Lord Diplock refers specifically to one development, namely, the possible recognition of the principle of proportionality. In all these cases the test to be adopted is that the court should, 'consider whether something has gone wrong of a nature and degree which requires its intervention'".
15. It could thus be seen that the scope of judicial review of an administrative action is very limited. Unless the Court comes to a conclusion, that the decision maker has not understood the law correctly that regulates his decisionmaking power or when it is found that the decision of the decision maker is vitiated by irrationality and that too on the principle of "Wednesbury Unreasonableness" or unless it is found that there has been a procedural impropriety in the decisionmaking process, it would not be permissible for the High Court to interfere in the decision making process. It is also equally well settled, that it is not permissible for the Court to examine the validity of the decision but this Court can examine only the correctness of the decision making process."
20. The Honourable Apex Court in the case of West Bengal Central School Service Commission vs. Abdul Halim reported in (2019) 18 SCC 39 had considered the scope of interference under Article 226 in an administrative action as follows:
"31. In exercise of its power of judicial review, the Court is to see whether the decision impugned is vitiated by an apparent error of law. The test to 34 OA.No.170/287/2023/CAT/Bangalore Bench determine whether a decision is vitiated by error apparent on the face of the record is whether the error is selfevident on the face of the record or whether the error requires examination or argument to establish it. If an error has to be established by a process of reasoning, on points where there may reasonably be two opinions, it cannot be said to be an error on the face of the record, as held by this Court in Satyanarayan v. Mallikarjuna reported in AIR 1960 SC 137. If the provision of a statutory rule is reasonably capable of two or more constructions and one construction has been adopted, the decision would not be open to interference by the writ Court. It is only an obvious misinterpretation of a relevant statutory provision, or ignorance or disregard thereof, or a decision founded on reasons which are clearly wrong in law, which can be corrected by the writ Court by issuance of writ of Certiorari.
32. The sweep of power under Article 226 may be wide enough to quash unreasonable orders. If a decision is so arbitrary and capricious that no reasonable person could have ever arrived at it, the same is liable to be struck down by a writ Court. If the decision cannot rationally be supported by the materials on record, the same may be regarded as perverse.
33. However, the power of the Court to examine the reasonableness of an order of the authorities does not enable the Court to look into the sufficiency of the grounds in support of a decision to examine the merits of the decision, sitting as if in appeal over the decision. The test is not what the Court considers reasonable or unreasonable but a decision which the Court thinks that no reasonable person could have taken, which has led to manifest injustice. The writ Court does not interfere, because a decision is not perfect."
21. In the present case, the SPC Bay Unit has an approximate strength of 129 technicians whereas the Wheel Unit comprises of about 379 technicians. Keeping these two figures in view, the separate promotional avenues now made available to these two Units in terms of 4 vacancies of Junior 35 OA.No.170/287/2023/CAT/Bangalore Bench Engineers for SP Bay Unit and 8 vacancies of Junior Engineers for Wheel Unit, do not appear to be unreasonable.
22. This initial merger and now separation of Units for the purpose of promotion to the post of Junior Engineer between SP Bay and Wheel Unit is the domain of administration. This decision has been taken by the competent authority after considering the suggestions/representations of the Staff Council.
23. The Staff Councils had been setup in the Indian Railways as negotiating machinery to maintain good relations and a spirit of cooperation between the Administration and all classes of non-gazetted staff by providing a means whereby Staff can bring questions in connection with their conditions of service to the notice of the Administration. These Councils consist of Elected Members, Nominated Members, Presidents nominated by General Managers or Chief Administrative Officers and Members co-opted ad-hoc. They represent the interest of all employees of the Railways and cannot be presumed to favour one set of employee unit to that of another set.
24. In its representation, the Staff Council has specifically represented that "in order to provide Career Avenue to SPC Bay consisting of 129 Staff, the Career Progression of nearly 379 staff of WUO is going to be stagnated, which is injustice to the hardworking staff of Wheel shop".
25. Based upon this representation, and after a detailed examination, the respondent administration has decided to create separate avenues of promotions for Technicians of SP Bay unit and the Technicians of the Wheel Unit Operators to the post of Junior Engineer in Level-6 as follows:- 36
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a) "Vacancies of Junior Engineer against 25 % promotional quota in the Scrap Processing Bay (SP Bay) will be filled up only by Technicians of Scrap Processing Bay (SP Bay).
b) Vacancies of Junior Engineer against 25 % promotional quota in the Wheel Unit will be filled up only by Technicians of Wheel Unit (Wheel Unit Operator)."
26. The respondents have decided to treat both these Units as separate Units for the purposes of promotion to the post of JEs. It has also ensured that avenues for promotion to the level of Junior Engineer is made available to both the Units on a reasonable basis keeping in view the relative Staff strength of these two Units.
27. This Tribunal therefore, finds no grounds to interfere in the process. The decision of the respondents cannot be faulted for suffering from the vice of illegality, irrationality, or procedural impropriety.
28. Keeping the above points in view, the present OA lacks merit and deserves to be dismissed.
29. Accordingly, the OA is dismissed.
30. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S SUJATHA)
MEMBER (A) MEMBER (J)
/hy/