Central Administrative Tribunal - Chandigarh
Sikander Singh Son Of Sh. Dalip Kumar vs Union Of India Through General Manager on 14 January, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No.060/00900/2014 Pronounced on:14.01.2016 Reserved on: 07.01.2016 Coram: Honble Mr. Sanjeev Kaushik, Member (J) Honble Mrs. Rajwant Sandhu, Member (A)
1. Sikander Singh son of Sh. Dalip Kumar, resident of Village Agroha, Tehsil and District Hisar.
2. Jai Lal Ram son of Sh. Parshad Ram, resident of Railway Colony Hisar, District Hisar.
3. Manoj Kumar son of Sh. Shiv Singh Meena, resident of Railway colony, Rewar, District Rewari.
4. Heera Lal Meena son of Sh. Rachain Nath Meena, resident of Railway Colony, Rewari, District Rewari.
.Applicants Versus
1. Union of India through General Manager, Head Quarter, Railway Bhawan, New Delhi.
2. Railway Board through its Chairman Railway Bhawan, New Delhi.
3. Divisional Head Office, Bikaner through its Sr. Divisional Officer, Bikaner (Rajasthan)
4. Zonal Head Quarter through its General Manager, North Western Railway Malviya Nagar, Near Jawahar Circle, Jaipur (Rajasthan).
5. Chief Crew Controller, Hisar Junction, District Hisar.
6. Chief Crew controller, Rewari Junction, District Rewari.
..Respondents Present: Mr. Shalender Mohan, counsel for the applicants Mr. Lakhinder Bir Singh, counsel for the respondents Order By Honble Mrs. Rajwant Sandhu, Member(A)
1. This has been filed under Section 19 of the Administrative Tribunal Act, 1985 seeking the following relief:-
(i) Direction to quash the impugned promotion list AnnexureA-5). (ii) Direction to the respondents to promote the applicants in view of the sanctioned 69 posts as they are fully entitled for promotion to the post of LPG PB-II. (iii) Direction to the respondents that the applicants are fully eligible for promotion as the candidates of the General Category have been promoted vide Annexure A-5. (iv) Direction for staying the operation of Annexure A-5 during the pendency of this O.A. before this Tribunal. (v) Direction to the respondents to promote the applicants as interim measure on the post of LPG PB-II during the pendency of this O.A.
2. Averment has been made in the O.A. that the applicants were appointed in the year 2010 on the post of Assistant Loco Pilot and after completion of two years of service they were promoted as Senior Assistant Loco Pilot in the year 2013. The final seniority list (Annexure A-1) of Senior Assistant Loco Pilot was published on 30.07.2014 in which the applicants were shown at Sr. No. 60, 52, 56 and 66. The applicants were awaiting their next promotion to the post of Loco Pilot Goods (LPG). The respondents had issued promotion list of 50 persons on 30.09.2014 but the applicants had not been promoted although 69 posts of LPG were to be filled as per the letter dated 30.09.2014 (Annexure A-5). It is further claimed that the applicants are fully entitled for promotion as LPG in view of letter dated 30.09.2014 as there are 69 sanctioned posts for LPG PB-II that includes three vacancies for SC candidates and five vacancies for ST candidates. In this regard, the respondents had referred to an interim order passed in O.A. NO. 2024/2014 filed before the C.A.T. Principal Bench, New Delhi, on 10.06.2014 whereby the respondents were directed to refrain from ordering any promotion based on reservation. It is claimed that this order was not applicable in the case of the applicants as they were not party to the said O.A. Hence the present O.A.
3. In the written statement filed on behalf of the respondents and subsequent affidavit filed on 23.09.2015, it has been stated that as per the channel of promotion in the Railways, Senior Assistant Loco Pilot (Sr. ALP) G.P. 2400/- are promoted as Loco Pilot Shunting. The next post of Loco Pilot Goods Rs.9300 + GP 4200 (LPG) is filled by seniority cum suitability from the combined feeder cadre of Loco Pilot Shunting (LPS) and Senior Assistant Loco Pilot (Sr. ALP) subject to imparting of minimum Practical Loco Handling training as per Railway Board instructions dated 31.08.09. Bikaner Division of North Western Railway initiated the process of filling 69 posts (General 61 + SC 3+ ST 5) of Loco Pilot Goods (LPG) Rs.9300+GP 4200. The names of 3 SCs (including 2 applicants) and 5 ST (including 2 applicants) were picked by jumping seniority for filling the reserved posts. Meanwhile, Shri Ravi Ranjan Kumar and 12 other Senior Assistant Loco Pilots (Sr. ALP) of the North Western Railway filed O.A. No. 2024/2014 before the Principal Bench of CAT, New Delhi, challenging reservation in promotion for the post of Loco Pilot Goods Grade and also the Railway Board circular dated 29.02.2008. The Bench passed the following interim directions (Annexure R-2) dated 10.06.2014 in O.A. NO. 2024/2014.
......After hearing the learned counsel for both sides, respondents are directed to refrain from making any promotion based on the principle of reservation. However, this interim order shall not apply in the case of candidates of the general category.
4. It is further stated that in compliance of this interim order, only 50 senior most Loco Pilot Shunting (LPS) and Senior Assistant Loco Pilot (Sr. ALP) were promoted, strictly as per their respective general seniority vide Annexure A-5 dated 30.09.2014, and without applying the principle of reservation. However, the eligible SC/ST candidates who came in the zone of consideration on general seniority were included. In fact, 20 of the 50 promotees belong to the SC/ST category. All the 50 promotees, as listed in the order dated 30.09.2014 (Annexure A-5) are senior in general seniority to the applicants who are of the SC/ST category. The 8 reserved posts (03 for SC and 05 for ST) were kept vacant.
4. No rejoinder has been filed on behalf of the applicants.
5. Arguments advanced by the learned counsel for the parties were heard. Learned counsel for the applicants pressed that since only 50 vacancies of Loco Pilot Guard had been filled through promotion list dated 30.09.2014, the balance 19 vacancies also had to be filled and since amongst these, three vacancies were earmarked for SC candidates and 5 for ST candidates, the applicants were entitled for promotion as LPG.
6. Learned counsel for the respondents stated that the respondents had issued the promotion order dated 30.09.2014 keeping in view the directions of the Principal Bench issued vide interim order dated 10.06.2014 in O.A. 2024/2014. In view of this order, no promotion was to be made on the basis of reservation. Moreover out of 50 persons, who had been promoted as LPG through this promotion order, 20 belonged to SC/ST category and all the 50 promotees were senior in the general seniority to the applicants. In view of the interim order dated 10.06.2014 of the CAT Principal Bench, eight posts reserved for SC/ST candidates had been kept vacant. Learned counsel also stated that the respondents were not bound to fill all the vacancies. Besides no person junior to the applicants had been promoted through order dated 30.09.2014 and the claim of the applicants for promotion would appropriately be considered in future when more vacancies of LPG would be filled.
7. We have given our careful consideration to the matter.
8. It is clear from material on record that the applicants are seeking promotion against reserved vacancies for SC/ST candidates and the respondent department could not have promoted the applicants on the basis of reservation in view of the interim order dated 10.06.2014 in O.A. NO. 2024/2014. Moreover no person junior to the applicants has been promoted as yet against the post of LPG. Hence there is no merit in the claim of the applicants and the O.A. is dismissed.
(RAJWANT SANDHU) (SANJEEV KAUSHIK)
MEMBER (A) MEMBER (J)
PLACE: Chandigarh
Dated: 14.01.2016
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