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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. Role 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:

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 Inspector, 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/TIs.." finding place at page 82 of this counter, to being home her point. This chart itself shows that there are promotional posts and the old state 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 become 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.

212. We are rather satisfied that the date has relevance and the memorandum has come to be issued following the aforesaid discussion. So, we uphold the validity of the memorandum. Appeals @ SLP (C) Nos.2533-35 of 1994

12. In these appeals, it was contended by Shri Das on behalf of respondent Nos.2 to 4 that the cases of these respondents stand on different footing from other respondents. because, though they had come to be recruited pursuant to an advertisement of January 1987, they were called for training programme commencing from August 1989 and so, they should be taken as post - 1987 Apprentices, 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 called 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.