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It may be apposite to point out here, that the applicability and the true import of memorandum of 1987 (supra), was questioned in numerous Original Applications filed before the different Benches of the Central Administrative Tribunal (for short, 'the Tribunal'). However, eventually, the matter was set at rest by Hon'ble the Supreme Court, vide its judgment rendered in 'Union of India and others v. M.Bhaskar and others', decided on 06.05.1996 reported as 1996(4) SLR 450. In brief, what the Hon'ble Court had observed in context of the memorandum of 1987, was that the same was completely misconstrued by the different Benches of the Tribunal. The said memorandum was really not on the basis of revision of the pay-scales of Traffic/Commercial Apprentices as had been understood by different Benches. As a result, the applicants were granted higher pay-scales and the scale of `1600-2660 was made admissible to all Traffic/Commercial Apprentices, irrespective of the grade of the posts held by them, which was a clear misunderstanding of the memorandum.

Thus, this petition.

We have heard the counsel for the parties and perused the records. There is no doubt that the petitioner was appointed as Commercial Apprentice by way of direct recruitment in the scale of `550-750 (revised to `1600-2660) in the year 1988 and on completion of requisite training, he was accorded substantive appointment w.e.f. 18.08.1990. Whereas, respondents No.3 and 4, concededly, were in service since March, 1969 and September, 1974, when they competed for recruitment as Commercial Apprentices against 10% graduate quota. They qualified the said examination on 05.04.1983 and were given appointments, though in the grade of `455-700, on completion of their training on 12.11.1984 and 13.11.1984. Thus, what needs to be noticed is that private respondents were appointed much prior to the petitioner, who got his appointment in August, 1990 only. The petitioner is a post -1987 appointee and by that time a modified scheme of recruitment of Traffic/Commercial Apprentices had been put in operation through Railway Board's letter dated 15.05.1987. The said letter postulates that further recruitments of the Apprentices would be made in the grade of `550-750 (revised to `1600-2660). However, no decision appears to have been taken for the Commercial Apprentices, who were already serving. Merely because the petitioner, who was appointed in a higher scale of pay i.e., `550-750 (revised to `1600-2660) could not be placed above the private respondents in the seniority list.