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(6) Direct recruitment to the services in items (i), (ii) and (iii) above is made through a Combined Civil Services Examination conducted by the Union Public Service Commission. Direct recruitment to Items (iv) to (viii) is made through a Combined Engineering Services Examination (Class 1) conducted by the Union Public Service Commission. Salient features of Special Class Railway Apprentices (SCRA) Scheme. In the Indian Railway Service of Mechanical Engineers (IRSME) previously designated as Mechanical Engineering and Transportation (Power) Department (METP) of the Superior Revenue Establishment of the Indian Railways, there is a dual system of recruitment: (i)Direct recruitment through Combined Engineering Services Examination as referred to above; and (ii) Through Special Class Railway Apprentice Scheme (referred to as Scra Scheme hereafter), which was introduced, on Indian Railways in 1926 and is still continuing.

(15) It is uanecessary to refer to 1959 Rules because it is common case that they are similar to 1951 Rules. Later on the Rules were substituted by the rules framed by the President under Article 309 of the Constitution, known as Mechanical Engineering and Transportation (power) Department of the Superier Revenue Establishment of Indian Railways Recruitment Rules 1960. By para I of appendix a Special Class apprentice selected for appointment was liable to undergo practical and theoretical training for 4 years in the first instance. Para 3 laid down that successful apprentices will be appointed on probation for 3 years in the Mechanical Engineering and Transportation (Power) Department on Indian Railways. Para 6 provides for passing a test and a departmental examination failure to do may result in termination of service. Para 7 lays down that the appointment and pay as probationer will commence from the date of completion of 4 years of apprenticeship or (b) the actual date of completion of training whichever is later. Service for increment will subject to para 6 count from the date of appointment as a probationer. Para 7 of appendix 1-A of 1960 Rules deals with relative seniority of SCRAs and direct recruits. It provides that "as between officers recruited under Rule 3 (a) and those recruited under 3 (b) seniority will be determined on the basis of entry in the time-scale subject to the inter se seniority of each batch being maintained."

(24) Rather it needs to be noted that the order of 15-2-1960 was constantly earlier defended by the Railways whenever occasion arose. Thus in 1974 the matter was raised by a Member of Parliament as to how weightage was given to Special Class Apprentices for the purposes of seniority. The matter was considered by the then Railway Minister who sent a note to the Member Parliament defending the action. The note pointer out that prior to 1948 (giving of prescribed scales of pay) Special Class Apprentices were brought on time-scale after six years of completion of their training from their joining, while direct recruits got time scale after two years of joining. Direct recruits were paid a stipend of Rs. 250.00 for the first year and Rs. 275. in the second year. These two years training corresponds to 5th and 6th year of training to special class apprentices. The result was that special class apprentices were rated as equivalent to the direct recruit who had been given two years training. The introduction of the proscribed pay scale meant that direct recruits were put into time-scale from the date of joining the services. It was disadvantageous to SCAs as they lost 2 years service for the purpose of pay and seniority (unlike the position which existed prior to 1948). It was, therefore, decided that the training for SCAs be reduced to 4 years from 1961 and corresponding weightage in seniority and pay was given to those recruited from 1-1-1942 to 31-12-1959. It is relevant to note that in this note it is mentioned clearly that the seniority of officers in various All India Railway Services is regulated on the basis of "date of increment on time-scale" and his principle is also followed for determining the relevant position of the officers of various departments when considering them for General pasts. Change of date for increment on time scale in the case of the petitioner which was reflected in December, 1960 classified list has coninued to he the same as is clear from the classified list of January, 1981 which shows the date of increment on time scale of petitioner (Kapur) as 14-8-1948 and petitioner (Malik) as 1-9-1949. This aspect is emphasised by the petitioner's counsel to urge that ever since the passing of the order of 1960 the Railways have always interpreted it to mean that by virtue of the fixation of initial pay at Rs. 3801- the inevitable result was to ante date the date of entry into the time-scale of all those who got the benefit of 1960 order. In this connection we may refer to the allegations which were mentioned in Malik's petition where a specific plea was' taken that the date for increment on time-scale of Malik being earlier than the respondents he has always been treated senior to those respondents. It is also alleged that for all promotions of the officers from one post to the other the seniority has been reckoned on the basis of seniority contained in the classified list annually published. It was also alleged that the petitioner has been promoted to various higher posts on the basis of said seniority and which has been accepted by the respondents 41025. It has also been emphasised that the seniority of the petitioner and other mechanical officers belonging to the Sca was reckoned on the basis of the order of 15-2-1960. Various promotions to the posts of General Manager and Divisional Manager are said to have been made on the basis of said seniority. Many of the Mechanical Engineers named therein belonging to the category of SCAs are said to have been promoted as General Managers after they had been given the benefit of the older of 15-2-1960. Instances were also given of many officers of the petitioners category having been promoted as Divisional Rail Managers by being given the benefit of order of 15-2-1960. It was also alleged that the respondents 4 to 25 who have been shown as junior to the petitioner (Malik) for a.il the. period between 1960 to 1982 will now became senior if the order of 4-1-1982 is implemented.

(35) Thus it will be seen that the total six years training period of Special Class Apprentice is counted for Special Contribution to Provident Fund. Vide Rule 1305(l)(ii) of Indian Railway Establishment Code, Volume 1. unlike other Apprentices, Special Class Apprentices on confirmation are permitted to subscribe to the Provident Fund with retrospective effect from the date of their engagement as Special Class Apprentices. In terms of Indian Railway Establishment Manual Rule 2409, Special Class Apprentices are entitled to free medical attendance and treatment at Railway Hospitals and Dispensaries on the same scale as applicable to railway servants i" the category for which they are apprentices, namely, Class 1 Officers. As per the Government of India Manual of Pension Rules, vide Rate " 308 (i) of "Explanation", Special Class Apprentice is deemed to be an apprentice for only the first four years of his Apprenticeship. The last two years of Apprenticeship being treated as a period of probatio'n. Relevant extract of the Rule is as under :- "CASESin which pensionary benefits are not earned at all. When the whole period of employment of an employee is in one or more of the following capacities, no claim to pensionary benefits is admitted."