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4. Admittedly, as per Railway Board letter No. E (NG)II/2000/RR-1/47 dated 03.08.2001, the minimum qualification for Assistant Loco Pilots is matriculation plus ITI in specified trades. However the applicants have claimed that the lowest post available in the Department is that of Electric Cleaner/Khalasi for which the qualification is matriculation. They have further stated in para 4.12 of the O.A. that the lowest recruitment grade of the category in which the applicants are aspiring is 1st Fireman for which the educational qualification is matriculation or its equivalent (para 136 IREM Vol.1 and Circular dated 03.08.2001 (Annexures A-8 and 9). Although the post of 1st Fireman is to be filled up 100% through promotion from Fireman -II. In case of shortfall, there is provision for Direct Recruitment from the open market.

9. The applicants have not been consistent in staking their claims on a particular post as being consistent with the Scheme. Before the Principal Bench in O.A. NO. 2176 of 2008, they sought consideration against the post of Electric Cleaner. These are group D posts. In this O.A., they have also sought consideration against post of 1st Fireman. This is a Group C post. The applicants are claiming for consideration against the post of 1st Fireman. It is seen from the copy of Railway Board Guidelines No. E(NG)II-85 RC3/66 dated 28.10.1985 (Annexure A-8) that posts of first Fireman belongs to the Transportation (Power) Department. It appears that the applicants have found the posts which suit the qualification of their wards rather than seeing whether their wards have the requisite qualification or not.

11. It is clear from the 2 sets of RRs provided that the posts of 1st Fireman claimed by the applicants and the Electric Assistant/Assistant Loco Pilot both have a pay scale Rs.950-1500. Both are basically to be filled up through promotion, the 1st Fireman from Fireman II and Assistant Loco Pilot from Fireman 1st as also 2nd Fireman and Artisan under certain provisos. Both have a window for direct recruitment in case adequate number of eligible people are not available in the feeder cadre. But the difference is that while 1st Fireman is eligible for lateral induction as Assistant Loco Pilot subject to having the requisite qualification the vice versa is not possible.

14. If the logic of the applicants is extended as 1st Fireman is eligible for promotion/induction in the category of Driver and is therefore, be treated as belonging to the same category, then why not ask for recruitment to the post of 2nd Fireman? Here the applicants do not claim that 2nd Fireman post also belongs to the Driver category. Perhaps they do not do so because they possess qualification commensurate with a post carrying a higher pay level. In our view a first level post is said to be the level at which various entry routes converge and thereafter the avenue of promotion is along a single line. It is seen from OM No. E (NG) 1-84PM7/56 dated 3.11.1987 that the Assistant Loco Pilot is only moving upwards through the category of Drivers after all entry routes (i.e 1st Fireman, 2nd Fireman, Artisan and direct recruit) converge in this post. Therefore, we hold that the lowest post in the category of Drivers is that of the Assistant Loco Pilot.