Document Fragment View
Fragment Information
Showing contexts for: Traffic apprentice in Shivnand Sharma vs M/O Railways on 9 May, 2019Matching Fragments
The applicant Shivnand Sharma was initially appointed as Assistant Station Master (ASM) in the pay scale of Rs.4500-7000 as direct recruit in Western Railway. Subsequently, he was transferred to Northern Railway at his own request on the same post and pay. He was promoted to the post of Traffic Inspector in the pay scale of Rs.5000-8000 and subsequently to the post of Traffic Inspector in the pay scale of Rs.6500-10500 (PB-2 + 4600 Grade Pay). The applicant applied for the post of Traffic Apprentice. After clearing the written test on 18.11.2000 and viva voce test on 26.02.2001, he was included in the panel of 19 persons vide order dated 12.03.2001. 2, Before posting, it was mandatory to pass pre-requisite course of TP-4 (all phases). There were two phases of TP-4 course, and phase-I course is equivalent to the ASM training. Therefore, all the 19 persons, including the applicant, were exempted from 1st phase of TP-4 course. In respect of 2nd phase of TP-4 course, the respondents issued order dated 28.08.2001 in respect of 15 persons, including the applicant. All other 14 persons were working as ASM whereas the applicant was working as Traffic Inspector. Before appointment as Traffic Inspector, the applicant had already passed his TP-7 course which, he considered, as equivalent to 2nd phase of TP-4 course since the syllabus, training and duration of both courses are the same, only the nomenclatures are different. Since the applicant had already cleared the TP-7 course, he represented to the competent authority to exempt him from 2nd phase of TP-4 course. All the 14 persons were sent for training including junior persons from the panel, and after completing the 2nd phase of TP-4 course, all 14 persons were given promotion and posting of Traffic Apprentice vide order dated 26.03.2002 but the applicant was not given promotion and posting due to non-finalization of the issue of exemption from 2nd phase of TP-4 course. Hence, he has filed this OA seeking the following reliefs:-
i) That the Hon‟ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 01.08.2012 (Anne.A/1) only to the extent by which the respondents have not granted the due promotion to the applicant to the post of Traffic Apprentice with effect from 26.03.2002 i.e. from the date of promotion of junior person from the panel dated 12.03.2001 and consequently pass an order directing the respondents to consider and to promote the applicant to the post of Traffic Apprentice w.e.f.
26.03.2002 with all consequential benefits including fixation of pay, fixation of seniority and further promotion accordingly.
ii) That the Hon‟ble Tribunal may further graciously be pleased to pass an order declaring to the effect that the whole action of the respondents not considering and not promoting the applicant to the post of Traffic Apprentices on the basis of the panel dated 12.03.2001 in spite of facts the applicant had already passed the required courses (both phases) immediately or at least along with the similarly situated and junior persons w.e.f. 26.03.2002 is illegal, arbitrary and discriminatory in the eyes of law and consequently the applicant is entitled for his promotion to the post of Traffic Apprentices from due date or at least w.e.f. 26.03.2002 with all consequential benfits.
7. It is undisputed that the applicant cleared various tests for selection as Traffic Apprentice. But the matter in dispute is whether the training of TP-7, which he had undergone as Traffic Inspector, was equivalent to the requisite training of TP-4 Phase-II meant for Traffic Apprentice since the reasons for his non-consideration as Traffic Apprentice from the date when other members of the panel in which the applicant was placed, were given promotion. This issue should have been sorted out through letter dated 07.05.2012 of G.M. Northern Railway. DRM's Office, Northern Railway letter No.729E/22/ 3419/P-1 dated 30.05.2012. To this effect, there is also a letter from Principal/ZTC, Chandausi dated 22.12.1997 which clearly indicates that Assistant Station Masters who have passed course TP-7 should not be booked for the 2nd phase of Course No.TP-4 subsequently.