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Showing contexts for: Traffic apprentice in M.S.Usmani & Ors vs Union Of India & Ors on 14 December, 1994Matching Fragments
1.The question of law that arises in these appeals directed against order of Central Administrative Tribunal, Lucknow Bench, is whether the appellants who were selected and appointed by a competitive examination against 10% quota reserved for graduates and were promoted even to a higher scale of pay could have been revered subsequently, on assumption that the entire process of selection and appoint- ment was against the rules.
2.Facts as they emerge from the order passed by the Central Administrative Tribunal and the affidavits filed by the parties, more particularly the Railways, are narrated in brief In 1968 the Railway Board introduced a scheme under para 123 of the Indian Railway Establishment Manual in which provision was made for recruitment of Traffic Apprentices to the extent of 25% in various supervisory posts in the Transportation Department of the Railway. In 1972 the scheme of 25% was bifurcated pursuant to the decision taken in the Departmental Council of the Ministry of Railways under thee Joint Consultative Machinery Scheme and it was decided to recruit the Traffic Apprentices by two methods- 15% through agency of the Railway Service Commission and 10% from amongst the serving non-ministerial graduates of Transportation Department, through open competition to be filled on basis of Limited Departmental Competitive Examination. It further provided that the departmental examination was to be conducted strictly in order of merit by subjecting candidates to written test and viva voce. On 22nd July 1975 the Railway Board issued another letter communicating its decision that 10% of the annual vacancies in the category of Section Controllers, Station Master (SMs), and Assistant Station Masters (ASMS) grade- Rs.470-700/- and Rs.455-700/- were to be filled in through departmental competitive examination from Class-III non- Ministerial Staff who were graduates and less than 33 years of age. It was reiterated on 18th March 1976. The copy of the letter is extracted below:
3.It is thus clear that the selection of Traffic Apprentices for placing them in various supervisory posts came to be extended to SM as well at least from 1975. The selection against 10% quota to fill up the vacancies in the category of SM/ASM/TI/ AYM and SCNL in the grade Rs. 455-700/- was initiated on 31st July 1982. The break-up of the vacancies for which the selection was held was:
"1. Station Master, Gr.Rs.455-700 (RS)- 11
2. Asstt, Station Master " " " " - Nil
3. Traffic Inspector Gr. Rs. One
302. Before proceeding further it is necessary to mention that the respondents who were impleaded before the Tribunal, at their own instance, relied vehemently on paragraph 123 of the Railway Manual and urged that the Traffic apprentices could be selected for certain posts but not for the post of SM. The claim proceeded on misapprehension as it did not take note of the letter issued in 1972, 1975 copies of which have been filled with the counter affidavit of the Railways.n The selection in 1982 as is clear from the affidavit of Railways was held for the posts earmarked for SM. The Selection and appointment of the appellants, therefore, could not be said to be against rules for this reason. Another aspect which need be clarified is about status promotion. According to respondents the appointment of appellants could be made only in the grade of Rs. 425- 640/- and they could not be promoted in thee grade of Rs.455-700/-. But that stands belied as the selection Rs.455-700/-.
9. At this stage when the appellants were selected and placed in the scale of Rs.1600-2660/- (Rs.550-750/-) another controversy arose which even though not relevant may be mentioned as it probably furnished the occasion for beginning of what ultimately led to the reversion order of the appellants. In May 1987 the Railway Board issued a circular that fresh recruits to the post of Traffic Apprentice would be placed in the scale of Rs. 1600-2660/- Whereas those who were already serving shall be in the scale of Rs.1400-2300/- (Rs.425-700/-). This resulted in discrimination between the two classes of the same employees. Therefore, many of the person affected approached the Central Administrative Tribunal and different tribunal in different States allowed their claim and directed that all those Traffic Apprentices would be entitled to be placed in the scale of Rs. 1600-2660/ - with effect from 15th May 1987. The order of the Tribunal became final as the Special Leave Petitions filled against some of the orders passed by the tribunals were dismissed by this Court. When the appellants thus became entitled for scale of Rs. 1600-2660-/- with effect from 15th May 1987 those ASMs who as a result of restructuring of the grade has been placed in the same scale of ASM as was being drawn by the appellants as SM approached after four years through Railwaymen's Union and made a demand in 68th Permanent Negotiating Meeting that the post of Station Master in grade Rs. 1600-2660/ - may be filled by invoking the principle of pro-rata, that is the ratio of 1,17. In other words I should be promoted from the grade of SM and 17 should be promoted from the grade of ASMS. This demand was rejected by D.R.M., Lucknow as the pro-rata principle was not applicable. The Union having failed at the divisional level raised the issue at headquarters. What is significant to be mentioned is that the Union never claimed that the selection or appointment of the appellants was illegal or irregular. It agitated for applicability of pro-rata principal for promotion to the higher post. It appears on the representation made by the Union comments were invited from the D.R.M., Lucknow who apprised the headquarters that promotion as SM through selection against 10% reserved for graduates was due from 1979. It was further pointed out that the cadre of ASM grade Rs. 14002300/- and SM Rs. 1600- 2660/- were separate. The respondents did not accept the claim of Union of granting promotion to the higher scale on pro-rata basis. But they held that the entire selection of the appellants in September 1983 was illegal as the restructuring having been done on 1st August 1983 the appointment of appellants in September 1984 was contrary to restructuring. It was in consequence of this decision that the appellants were reverted from the post of SM/TI grade Rs.1600-2660/-to the post of ASM grade Rs. 1400-2330/- and placed below all the ASM in panel on 1st August 1989 for the purposes of seniority.