Central Administrative Tribunal - Ernakulam
T. Raghavan vs Union Of India Represented By General ... on 6 August, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 1044 of 2011
Tuesday, this the 6th day of August, 2013
CORAM:
Hon'ble Dr. K.B.S. Rajan, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
1. T. Raghavan, S/o. Narayanan, Sr. Loco Inspector, S. Rly., Calicut,
Residing at Kandangali, Payyannur PO, Kannur Dt., Kerala.
2. K.S. Rajendra Kumar, S/o. Sukumaran, Sr. Loco Inspector, S. Rly.,
Trivandrum, Residing at Sreerangam, ARA-257, Muzhuko Road,
Anayara PO, Thiruvananthapuram.
3. J. Krishnankutty, S/o. Janardhanan Pillai, Sr. Loco Inspector, S. Rly.,
Quilon, Residing at Attoor House, Padingattinkara, Kollam.
4. S. Kulathu Iyer, S/o. Subramania Iyer, Sr. Loco Inspector, S. Rly.,
Trivandrum, Residing at Sreesailam, Pappanamcode PO,
Thiruvananthapuram.
5. K.M. Dasappan, S/o. Madhavan, Sr. Loco Inspector, S. Rly.,
Ernakulam, Residing at Koippurathu Dileep Nivas, Meenadom PO,
Kottayam.
6. P. Sivasankar, S/o. Sankaran, Sr. Loco Inspector, S. Rly.,
CCRC/O/Shoranur, Residing at Pannisserry House, Perumpilavu PO,
Thrissur. ..... Applicants
(By Advocate - Mr. M.P. Varkey)
V e r s u s
1. Union of India represented by General Manager,
Southern Railway, Park Town, Chennai-600003.
2. Chief Personnel Officer, Southern Railway,
Park Town, Chennai-600003.
3. Sr. Divisional Personnel Officer, Southern Railawy,
Palghat Division, Palakkad-678 009.
4. Sr. Divisional Personnel Manager,
Southern Railway, Trivandrum Division,
Thiruvananthapuram - 695 014.
5. Suresh K. Nair, Loco Pilot (Passenger) I,
Southern Railway, Trivandrum Central-695 011.
6. Shajahan, Loco Pilot (Mail), Southern Railway,
Trivandrum Central - 695 011.
7. Mohan Raj N., Loco Pilot (Mail), Southern Railway,
Salem Jn. - 636 005, Tamil Nadu.
8. Hassan Sherif G.S., Loco Pilot (Mail), Southern Railway,
Salem Jn. - 636 005.
9. Subramanian K.K., Loco Pilot (Mail), Southern Railway,
Palghat Jn., Kerala - 678 009. ..... Respondents
[By Advocates - Mr. K.M. Anthru (R1-4) &
Mr. T.C. Govindaswamy (R6&9)]
This application having been heard on 30.07.2013, the Tribunal on
06.08.2013 delivered the following:
O R D E R
By Hon'ble Dr. K.B.S. Rajan, Judicial Member -
Seniority for promotion to group B posts in the AME/AEE/AOM grade of the Railways, is the issue involved in this case. The applicants are presently functioning as Chief Loco Inspectors in the pay band of Rs 9300 - 34800 plus grade pay of Rs 4600/-. The post occupied by them is one of stationary posts. These applicants were initially appointed as DSL Assistant sometimes in 1984 and were promoted as Goods Driver. Thereafter they were selected as loco Running Supervisors in the pay scale of Rs 2000 - 3200/- sometime in 1994/95. This selection was based on a scheme formulated vide Annexure A-1 dated 25-11-1992 which came into effect from 01-01-1993. Their seniority in the grade had been maintained initially at the zonal level till 31-05-1994 and later on at the divisional level.
2. Para 203.5 of the Indian Railways Establishment Manual provides for drawing an integrated seniority list to work out the eligibility for selection to the post of Group B. The same is as under:-
"203.5. Since employees from the different streams will be eligible to appear for the selection, their integrated seniority for purposes of the selection should be determined on the basis of total length of non-fortuitous service rendered in grade Rs. 2000-3200 (R.S.) and above. In above words the date of appointment to the grade Rs. 2000-3200 (R.S.) on a non-fortuitous basis will be the criterion."
3. The above provision to some extent acted detrimentally in respect of the running staff whose pay scales were lower than the above scale. Accordingly, for the purpose of working out the eligibility conditions for entry into group B level, under the 70% promotion quota as well as 30% LDCE Quota, in respect of those who were functioning in the stationary post as well as the running staff, the Railways have introduced equivalence of pay scale by affording about 30% increase in the pay of running staff. Accordingly, those functioning as running staff as loco pilots of Passenger trains or Mail trains were also held to be eligible for consideration for promotion against group B posts, though the pay scale of such loco pilots Passenger/Mail happens to be less than that of loco Running Supervisors
4. Annexure A-2 seniority list was prepared by the Railways for promotion to group B service in the mechanical Department. The applicants found that their seniority had been pushed very much down and those who were junior earlier where all shown as seniors to the applicants. Representations were made by the applicants by Annexure 4 but the same had not evinced any response. Hence, this OA seeking the following reliefs:-
"a) Declare that A2 provisional integrated seniority list and Annexure A-5 list of eligible and willing employees for promotion to Group B service are unjust, illegal, arbitrary and opposed to the principles of natural justice and quash the same.
b) Declare that stationary staff in PB2+GP 4600 including the applicants are entitled to be ranked above Loco Pilots in PB2+GP4200 despite the equation of grades of the latter with those of the former and declare the written examination held pursuant to A5 letter as void.
c) Direct the respondents to redo the selection process in accordance with rules and orders on the subject.
d) Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case."
5. Respondents, both official as well as private, contested the O.A. According to the official respondents, the initial pay parity was introduced in 1979, vide Annexure R-1 whereby certain equations had been made in respect of pay scales attached to the Running posts and stationary posts. The same equation was extended for the purpose of drawing the integrated seniority for promotion to Group B posts. Annexure R-2 dated 05-08-1982 refers. (By way of clarification, vide Annexure R-3, it was held that the same seniority would hold good in respect of promotion under the LDCE quota as well).
6. The equivalence grade was again reviewed in 1999 whereby Loco Pilots (Passenger) in the pay scale of Rs 1600 - 2660 were equated with those holding Stationary posts carrying pay scale of Rs 2000 - 3200, vide Annexure R-5. When the Pay scales were later on revised, again, the table was reviewed and Loco Pilot Mail Express as well as Loco Pilot Passenger in the pay scale of Rs 6000 - 9800 or 5500 - 9000 had all been equated with the Stationary posts carrying the pay scale of Rs 6500 - 10500. Goods drivers with the pay scale of Rs 5000 - 8000 were equated to those whose pay scale in the stationary posts was Rs. 5,500 - 9000.
7. It was by way of further review of the equivalence of pay scales in the wake of the pay revision as per the VI Pay Commission recommendation that the Railways had included the Goods Drivers in the PB 2 plus GP of Rs 4,200/- and were equated with those in the stationary posts carrying the pay of PB 2 with GP of Rs 4,600/-. Thus, those who are functioning as Goods Drivers had also been included as eligible for consideration for group B posts.
8. The private respondents also have in their reply almost in the same tune as that of the official respondents. In addition to the documents referred to by the official respondents, the private respondent also has referred to another Railway Board's Order No. 229 of 2008 dated 28th December, 2006, whereby it was clarified that in continuation of the Board's order dated 02-02-2006 that since Drivers and Guards are eligible for promotion to the concerned Group B posts of AME/EE/AOM in terms of the Recruitment Rules for these posts, Drivers and Guards should be included in the integrated seniority lists prepared by the Railways for 70% selection to the Group B posts of ME/AEE/AOM.
9. Counsel for the applicant argued that eligibility is one aspect while seniority is another. Annexure A-3 provides the method for determining the eligibility of running and stationary staff by way of equivalence of grades. Prior to 01-01-2006, it was only Loco Pilot (M/Exp) and Loco Pilot (Pass) were equated with those in the stationary posts placed in the scale of pay of Rs 2000 - 3200 (or 6,500 - 10,500). The post of Goods Drivers carrying a pay scale lower than that of Loco Pilot (Mail/Exp) or Passenger trains was not included. It was only after the acceptance of the recommendations of the VI Pay Commission that the post of Goods Driver had the pay scale at par with that of Loco Pilots of Mail/Express or Passenger trains. This equivalence of pay scales of Running and Stationary Staff could only entitles the Goods drivers to become eligible for consideration for promotion to group B posts. However, when it comes to the question of drawing the integrated seniority, they cannot steal a march over those whose grade pay is more than that of Goods Drivers. The counsel invited the reference of para 2 of Annexure A-6 order dated 29th March, 2010, which reads as under:-
"2. Now, consequent upon implementation of the pay scales recommended by the VI Pay Commission, the matter regarding eligibility conditions for appearing in the Selection/LDCE for promotion to Group B posts in the major departments having "Organised Services" (except Accounts Department), has been considered by the Board and it has been decided that:-
(i) For Group 'B' Selections (70 Per cent quota), Group 'C' employees working in Pay Band PB-2 (Rs. 9,300-34,800) with Grade Pay of Rs. 4,200 and above with 3 years of non-
fortuitous service in the grade (including non-fortuitous service rendered in the corresponding pre-revised grades) will be eligible.
(ii) For Group 'B' Selections (30 Per cent LDCE quota), Group 'C' employees working in Pay Band PB-2 (Rs. 9,300- 34,800) with Grade Pay of Rs. 4,200 and above with 5 years of non-fortuitous service in the grade (including non-fortuitous service rendered in the corresponding pre-revised grades) will be eligible.
(iii) In the integrated seniority of Group 'C' employees eligible for Group 'B' Selections (70 Per cent quota) employees in Pay Band PB-2 (Rs. 9,300-34,800) with Grade Pay of Rs. 4,600 will be placed above those in Pay Band PB-2 (Rs. 9,300- 34,800) with Grade Pay of Rs. 4,200. In their category, the relative seniority of employees coming from different streams will be determined with reference to length of non-fortuitous service in the scale of PB-2+4,600 or PB-2+4,200 as the case may be."
10. The counsel for the applicants submitted that the provisions of para 2
(iii) of the said order dated 29th March, 2010 makes it clear that in the integrated seniority, employees in Pay Band PB-2 with grade pay of Rs 4,600 would be placed above those in Pay Band PB 2 with Grade Pay of Rs 4,200/-. The seniority at Annexure A-2 has not been drawn on the above lines as the private respondents whose Grade Pay is only Rs 4,200/- have been made senior to the applicants whose Grade pay is Rs 4,600/-.
11. Counsel for the official respondents submitted that when there is equivalence of grades, the integrated seniority has to take into account all the categories of persons and as such, all have been given their respective seniority from the date of their holding the said posts.
12. Counsel for the private respondents submitted that equivalence of grades is a kind of a fiction. As such, when a fiction is introduced, the consequences thereof would automatically flow.
13. Arguments were heard and documents perused. Admittedly, the post of Goods Driver is the lowest of all other posts i.e. Loco Pilots (Mail/Express) or Passengers and Stationary posts of Loco Running Supervisors. Prior to 01-01-2006 it was only those holding the post of such Loco Pilots (Mail/Exp) or Passenger Trains that were equated with those of the stationary posts, carrying pay scale of Rs 2,000 - 3,200 (Rs 6,500 - 10,500). Goods Drivers were not so included. It was only after the VI Pay Commission that the pay scale of Goods Drivers had been brought at par with that of Loco Pilots (Mail/Express) or Passenger Drivers. Para 2(iii) of the order dated 29th March, 2010 clearly provides that those whose Grade Pay is 4,600 would en-mass be senior to those in the grade pay of Rs. 4,200/-. Thus, while drawing the integrated seniority, those whose grade pay is Rs 4,600 would be placed above those whose grade pay is Rs 4,200/-. While so drawing the seniority list, the interse seniority of those whose grade pay is Rs 4,600/- would be with reference to length of non-fortuitous service. Similarly, the inter-se seniority of those whose grade pay is Rs 4,200/- would also be with reference to length of non fortuitous service in that grade. This would ensure that all those who had earlier joined as goods Drivers and promoted as Loco Pilots (Mail/Express) or Passenger Trains or as Loco Running Supervisors would be placed above the Goods drivers. Any other interpretation would lead to anomalous situation of juniors stealing a march over the seniors.
14. In view of the above, the OA succeeds. The impugned draft seniority at Annexure A-2 is quashed and set aside. It is declared that the applicants and similarly situated stationary staff whose grade pay is Rs 4,600/- shall be placed in the integrated seniority above those whose Grade Pay is Rs 4,200/-, and the arrangement of their seniority would be on the basis of the length of non fortuitous service in the respective grade. Respondents are directed to re-draw the seniority list accordingly and selection for group B posts in the AME/AEE/AOM would be strictly on the basis of the revised seniority. If any promotion has taken place on the basis of the impugned seniority list (which now stands quashed and set aside), the same shall be reviewed as by order dated 07-12-2011, as it has been clearly stated that promotion on the basis of test conducted in December 2011 examination in the case of party respondents will be provisional and subject to the result of the O.A.
15. No costs.
(K. GEORGE JOSEPH) (DR. K.B.S. RAJAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER "SA"