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12. The first thing to be noted is that the definition of cadre used by the Department of Personnel and Training for the purpose of implementation of the reservation policy is different from the word cadre used in FR 9(4).

We similarly note that the definition of cadre used in Railway Board circulars is identical to that used in the letter of the DOPT and is different from cadre as defined in Rule 102(8) of Indian Railway Establishment Code which has been indicated in the reply of respondents. The drivers are placed in a number of grades namely Loco Pilot (Goods) Gr.II , Loco Pilot (Goods) Gr.II , Loco Pilot (Passenger) Gr.II , Loco Pilot (Passenger) Gr.II and Loco Pilot (Mail Passenger). They were earlier passed Driver (Goods), Driver (Goods) Senior, Driver (Passenger), Driver (Passenger) Senior and Driver (Mail Express).

18. It is clear from Annexure quoted in Para-6 above that Goods Driver and Senior Assistant/Assistant are belonging to different categories. The preamble and Para-2 of the RBE indicates that the policy is applicable to categories/cadres. The percentage distribution of different grades/scales in each category has been modified with more posts being placed in higher category.
19. We first note that the present modified restructuring order refers to category and not to cadre. The word category is not defined in IREC but the word cadre is defined in Rule 103(7) is as under:

15. The Hyderabad Bench of the Tribunal in its common order in O.A. 1318/04 and 1347/04 regarding applicability of reservation in restructuring to which one of us is a party (Shankar Prasad, M(A) has summarised the discussions regarding cadre is as under:

24. However the Railways has now come out with a plea during the course of arguments that each grade in the cadre of Chief Ticket Collectors/Ticket Collectors and Station Masters/Assistant Station Masters is a cadre by itself. This aspect was also, in fact, considered by the Central Administrative Tribunal, Chandigarh Bench in Unreserved Employees Association, Railway Coach Factory, Kapurthala v. Union of India (supra). In that case, the Tribunal found that "the respondents were trying to narrow down the scope fan meaning of the term "Cadre". The definition of the word "cadre" given in Fundamental Rule 9(4), which is pan materia to the rules of Railway Administration, means the strength of a service or part of a service sanctioned as a separate unit. Therefore, by interpreting this definition, the word "cadre" was held to include all the categories in a particular wing of service. Certain in stances were given that in the clerical cadre, it will include all the categories starting from Clerk upto officer Superintendent and similar will be the position in the technical meaning so as to restrict it to only one category out of the total service on the basis of one scale of pay. The Tribunal declared the Railway Board's letter mentioning that each scale of pay is to be treated as a cadre, as illegal. This judgment was rendered on 24.11.2004. The Railway Board made a reference to the DOPT and DOPT vide O.M. Dated 7.3.2005 clarified that the terms "cadre" in the O.M. Dated 2.7.1997 has been defined for the limited purpose of implementation of reservation for SCs, STs and OBCs in services and for maintenance of reservation rosters/registers for the purpose. It is stated therein that the O.M. Speaks of "cadre" for the purpose of roster and shall mean a particular grade and the definition of the word "cadre" given in Fundamental Rules 9(4) is not relevant for the purpose of maintenance of reservation rosters and will be against the policy of reservation. Therefore, the Railway Authorities were advised to file an appeal against the stand taken by the Central Administrative Tribunal in respect of the definition of the term "cadre". The concept of "cadre" was also considered by the Full Bench of Central Administration Tribunal, in P.S. Rajput and 2 Others v. Union of India (supra) as well as in Jagdish M. Mistry v. Union of India (supra).

23. The first limb of the argument is that the cadre consists of all the posts from Driver Goods Gr. II, Driver, Mail Express. Rule 103(7) of IREC defines cadre. Para 4(b) of the Railway Board circular dated 21.8.97, defines cadre for the purposes of reservation to be that part of a particular grade which is filed by a particular mode of recruitment in terms of cedar/manual provision or Railway Board instructions issued from time to time. Subsequent instructions dated 29.06.98 also reiterates this very position. The Hyderabad judgment has noted a DOPT advice that "cadre" in 02.07.97 is cadre for the purposes of reservation only and is not "cadre" in normal sense of the terms. This contention has accordingly to be (August-258) rejected