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4. The appellant has challenged the legality of this view. It has also been contended that the memorandum is not invalid for the reason given by the Ernakulam Bench or, for that matter, any other reason. The learned Counsel appearing for the respondents have supported the view taken by the majority of the CATs insofar as the benefit of higher pay scale is concerned. According to them the memorandum lis also invalid because of its discriminatory nature and introduction of arbitrary cut-off date.5. To decide the controversy, it would be apposite to apprise ourselves as to what was the procedure of recruitment before the memorandum in question; and what was really meant by the word 'Apprentices'. We have put this aspect at the forefront because the Tribunals, who have granted the benefit of higher pay scale, have done so, with respect, without applying their mind to the relevant provisions of the Indian Railway Establishment Manual, hereinafter the Manual, dealing with the recruitment of (1) Traffic Apprentices; and (2) Commercial Apprentices. Rule 123 of 1968 Edition of the Manual deals with recruitment of Traffic Apprentices and Rule 127 with Commercial Apprentices. It is apparent from this Manual that the posts to be held by Traffic Apprentices before the 1987 were of : (1) Assistant Station Masters; (2) Assistant Yard Masters; (3) Traffic Inspectors; and (4) Section Controller (in the scale of Rs. 1400-2600). Insofar as Commercial Apprentices are concerned, these posts were of: (1) Assistant Claims Inspectors/Supervisors; (2) Assistant Commercial Inspectors; (3) Assistant Rates Inspectors (Goods and Coaching); and (4) Other Inspectors for outdoor duties. This apart, the pre-1987 position was that in the Traffic and Commercial Departments posts in pay scale of Rs. 1400-2300 were being filled up to the extent of 25% by direct recruits, of which 15% were from open market and 10% from Limited Departmental Competitive Examination; and the balance 75% by promotion from lower grade. Further, the term 'Apprentices' was being actually used to cover 'direct recruits', as distinct from 'promotees'. Another thing to be noted. which again missed the Tribunals in question is that when the pay scale of Rs. 1400-2300 was being paid to Traffic/Commercial Apprentices, the higher pay scale of Rs. 1600-2660 was being paid to those who were in a higher grade.6. Though the above is disputed by Mrs. Sharda Devi, appearing for some of the respondents, we entertain no doubt on this score, because from what has been stated in para 6 of the Affidavit filed by T. P. V. S. Sekar Rao, Deputy Chief Personnel Officer, South Central Railway Headquarters Office, Secunderabad. it appears that the pay scale of Rs. 1400-2300 was being made available to Traffic Inspector Grade III, whereas scale of Rs. 1600-2660 was meant for Traffic Inspectors Grade II. Similarly, Commercial Inspectors, Grade III, was getting the scale of Rs. 1400-2300 and Commercial Inspector, Grade II, the scale of Rs. 1600-2660. Mrs. Sharda Devi has referred to us in this connection to the Table of "Avenue of Promotion for SS/Tls." finding place at page 82 of this counter, to bring home her point. This chart itself shows that there are prorhotional posts and the old scale of Rs. 455-700 (which on revision became Rs. 1400-2300) was meant for some Traffic Apprentices and not all. We may refer in this context to what finds place in Section B of Chapter II of the Manual. This Section deals with Rules governing the promotion of Group 'C' and shows that some promotional posts have been categorised as selection posts and some non-selection. The aforesaid chart relating to the 'avenue of promotion' has itself mentioned which are the non-selection posts and which are selection posts.

7. From the aforesaid, it is clear that the memorandum of 1987 was really not one of revision of pay of the Traffic/Commercial Apprentices, as has been understood by those Tribunals who have conceded the higher pay scale. The higher pay scale was really meant for the Traffic/Commercial Inspectors of higher grade. Mrs. Sharda Devi's effort to satisfy us that the higher pay scale was really a revision on the basis of what finds place in para 2(ii) of the 1987 memorandum is founded on misapprehension inasmuch the mention in that sub-para that "Traffic Apprentices absorbed in the cadre of Section Controllers in scale of Rs. 470-750/1400-2600 (RP) will be fixed at starting pay of Rs. 1600 on absorption"

, does not mean that these Section Controllers were given the pay Scale of Rs. 1600-2660, as urged by the learned counsel. All that was conveyed by this statement was that the Section Controllers, even though getting the revised scale of Rs. 1400-2600, their starting pay would be Rs. 1600. This was so required, according to Shri Malhotra appearing for the appellant, because the Trained Apprentices could become eligible for the post of Section Controller only after having two years Yard's experience in the grade of Rs. 455-700. It is this pay scale which had become on revision Rs. 1400-2300; the unrevised pay scale of Section Controller was Rs. 470-750, which on revision became Rs. 1400 2600 ". So, what has been stated in para 2(ii) does not support the case of the respondents that the memorandum of 1987 really dealt with the revision of pay of all the Traffic/Commercial Apprentices.8. We, therefore, hold that the Tribunals which allowed the benefit of pay scale of Rs. 1600-2660 to all the Traffic/Commercial Apprentices irrespective of the grade of the posts held by them, not only misunderstood the.memorandum of 1987, but misconceived the provisions relati ng to the recruitment and promotion of these Apprentices as finding place in the Establishment Manual. Indeed, somehow or other they were oblivious of what has found place in the manual in this regards.

12. In these appeals, it was contended by Shri Das on behalf of respondent Nos. 2 to 4 that the yeases of these respondents sta dp on different footing from other respondents, because, though they had come to be recruited pursuant to an advertisement of January 1985, they were called for training programme commencing from August 1989; and so, they shopid be taken as post - 1987 Apprenticds, for which reason they would be entitled to the benefit of the memorandum. This contention has been advanced because of the language of sub-para (xii) of para 2 of the memorandum, according to which the revised pay scale of Rs. 1400-2300 was meant for "apprentices already under training". It was urged that the aforesaid respondents were not "under training" on 15.5.1987 as they had been cabled for training which was to commence from August 1989. Our attention was also drawn by Shri Das to a document at page 130 of the paper book, which is a communication of the Principal, Sonal Training School, addressed to the Chief Optg. Supdt. by which the representation of 30 Traffic Apprentices for the absorption/posting in the pay scale of Rs. 1600-2660 was forwarded for consideration.