B.L.HANSARIA, S.B.MAJMUDAR, K.RAMASWAMY
Union Of India – Appellant
Versus
M. Bhaskar – Respondent
JUDGMENT
Hansaria, J.-This batch of appeals requires us to decide two questions both of whom are relatable to the Railway Board s memorandum dated 15.5.1987 on the subject of recruitment of Traffic/Commercial Apprentices. The two questions are : (1) the purport of the memorandum; and (2) the validity of the same.
2. There has been a cleavage of opinion among the various Central Administrative Tribunals (CATs) of the country. Most of the Tribunals have rejected the understanding of the Union of Inida-the main appellant-relating to the meaning and scope of the memorandum. The Ernakulam Bench of the Tribunal has even regarded the memorandum as invalid.
3. The broad contents of the memorandum may be noted. It brought about some changes in the recruitment of Traffic/Commercial Apprentices-one of the changes being that on and from 15.5.1987 the recruitment of these Apprentices would be made in the pay scale of Rs.1600-2660 (this scale earlier was Rs.1400-2300) and, instead of all the posts being filled up by promotions, ratio of promotees was made 75%, and of the remaining 25%, 10% were required to come through Railway Recruitment Boards and 15% on the basis of Limited Department Competitiv
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