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By MallikaArya, Member (A)-

By means of the instant Original Application filed under section 19 of Administrative Tribunals Act 1985, the applicants has prayed for the following reliefs:-

8.2 That the Hon'ble Tribunal be pleased to declare Paras 122, 124, 125, 126, 127, 128, 130, 143, 146A, 147, 148 & 150 of IREM Volumn-I (1989 Edition) i.e., (Annexure A-4 to Annexure A-15) are ultra-vires, discriminatory in nature, unconstitutional and against article 14 of the Constitution of India, thus quashed on being not including the Trackmaintainers of Engineering Department, as one of feeder post for promotion under LDCE Quota for the post of Goods Guard, Station Master, Traffic Apprentice, Trains Clerk, Ticket Collectors, Commercial Clerks, Commercial Apprentice3s, Permanent Way Mistry, JE-II™ Signal Inspectors, Telecom Inspectors and Skilled Artisans etc. 8.3 That, the Hon'ble Tribunal be pleased to pass an Order/Direction to the Respondents to allow the Applicants to participate in the forthcoming selection for promotion under LDCE quota to the posts of Goods Guard, Station Master, Traffic Apprentice, Trains Clerk, Ticket Collectors, Commercial Clerks, Commercial Apprentices, Permanent Way Mistry, JE-II™, Signal Inspectors, Telecom Inspectors and Skilled Artisans etc.

4. The respondents have contested the OA and filed the reply stating therein that the Ministry of Railways has made rules for promotion according to seniority which is separately maintained unit wise and department wise. The respondents have contended that the applicants are not aggrieved with any particular order but they are aggrieved regarding non-inclusion in IREM Volume-I and that these Paras in IREM should be declared ultra-vires and discriminatory in VISHAL 2026.01.12 KUSHWAH 11:46:26+05'30' Reserved nature. They are contending that the Trackman should be allowed to compete under the LDCE quota for promotion to the post of goods Guard, Station Master, Traffic Apprentice, Trains Clerk, Ticket Collectors, Commercial Clerks, Commercial Apprentice etc. The Track Maintainers in the Engineering Department in the Railways are selected through the Railway Recruitment Cell under common recruitment process but they are posted in Different units/categories/departments on the basis of available vacancies, medical standards and on merits. Once the applicants got posted in their respective departments, then for further promotions, the seniority is maintained merit wise/ department wise separately. For group 'D' staff who were selected as Track maintainer their avenues of promotion in the higher grade is TM -III, II and I in Grade Pay 1900/-, 2400/-, 2800/- and they are eligible for promotion to the post of JE (P.Way) against 20% LDCE quota with prescribed educational qualification. The group 'D' staff who were selected as Porter Helper in the Commercial and Traffic Department have another avenue of promotion and they are eligible for promotion to the post of guard TTE, TC, CC, TNC against 15% LDCE quota. They are not allowed to appear in the JE (P.Way) exam against LDCE quota which is reserved for trackman in the Engineering Department Hence, on the VISHAL 2026.01.12 KUSHWAH 11:46:26+05'30' Reserved basis of the common recruitment test, it cannot be claimed that promotional avenues of different categories should be open to all recruits. The Ministry of Railways has from time to time amended the criteria and percentage of quota in the promotional posts such as GDCE quota for filling 25% direct recruitment quota in Group 'C' categories which is open for all group 'D' staffs. As per establishment serial No. 89/2017 which is issued in pursuance of RBE No. 46/2017 concerns were raised in filling the post of Goods Guard by some zonal railways as well as by the federations. Hence, the Railway Board decided to add some additional categories in the feeder list for promotion to Goods Guards in different quota. The mode of filling up the post of Goods Guard is as under:-

The prayer of the applicants to allow them to appear in forthcoming selection through the LDCE quota to the post of Goods Guard, Station Master etc. is not tenable because LDCE is a Limited Department Examination which is available to the staff of concerned category. Hence the OA merits to be dismissed.

5. It has been further submitted that the post of Station Master, Guard, Traffic Apprentice Train clerk is to be filled up as per Para 122,124,125,126 of IREM. The post of Ticket collectors, Commercial Clerk, Commercial Apprentice is to be filled up as per Para 127,128 & 130 and Estt. Rule No.78/98, 208/200, 46/03, 72/17, 210/18. Hence the track maintainer category does not fall within the purview of above mentioned posts against LDCE quota. It has further been stated that as per Para 124 of IREM Vol-I and BSP Rule No.89/2017, only commercial staff in the operating department having GP-1900, 2000, 2400 respectively are eligible for promotion/selection to the post of Goods Guard against 15% LDCE quota. The joint representation of applicants received on 10.07.2018 has already been replied vide Sr.DPO letter dated 13.07.2018 (Annexure A/21). VISHAL 2026.01.12 KUSHWAH 11:46:26+05'30' Reserved

08. We find that the applicants are not challenging any particular order issued by the respondents but are challenging the policy of the respondents. The applicant is making multiple prayers in the O.A. which cannot be considered as per the CAT (Procedure) Rules. They are making a prayer to declare certain paragraphs of the IREM Volume -I as ultra-vires as they are discriminatory which is not permitted under Article 14 of the Constitution of India. The other prayer is to allow the applicants to participate in the forthcoming selection process for promotion under the LDCE quota for the post of Good Guard, Station Master, Traffic Apprentice etc. Since multiple reliefs cannot be considered in the same O.A.. The main relief sought in the O.A. is being dealt with. The applicants made a joint representation (Annexure A-19) to VISHAL 2026.01.12 KUSHWAH 11:46:26+05'30' Reserved the respondents for permission to appear in the selection process of Goods Guard under the LDCE quota. The respondents have rejected the representation vide letter dated 13.07.2018 (Annexure A-21) giving the following justification:-