Judgment

S.N. Phukan, J.-The present appeal is directed against the order of the Central Administrative Tribunal, Guwahati Bench in Original Application No. 23 of 1991. By the impugned judgment the Tribunal rejected the Original Application of the appellants for appointment to Group C posts instead of Group D posts under Divisional Railway Manag­er, Lumding, Assam. We may state here that earlier Group C post was designated as Class III Post and Group D as Class IV post.

2. The facts of the case are as follows:-

All the five appellants were sponsored by the Employment Exchange for recruitment of Trade Apprentices in Carriage & Wagon Department of N.F. Railway in Lumding Division along with others. They were selected as Trade Apprentices under Apprentice Act, 1961 and successfully completed training in System Technical School, New Bonagaigaon under the N.F. Railways. The appellants were interviewed against 25% vacan­cies of Fitter in Group C category for Lumding Loco Repairing Shop and were selected against the vacancies. They also joined as Fitter Grade III but on 7.6.90 the appointments were cancelled and instead they were appointed to the post of Carriage Khalasi which is a Group D post. Their appeal being rejected, they approached the Administrative Tribunal where their prayer was rejected by the impugned judgment. We may state here that by the impugned judgment, the Administrative Tribunal also disposed of Original Application filed by 20 applicants. They also completed training as Apprentices but instead of appointing them in Group D post, they were appointed in Group C post. Their prayer for appointment in Group D post was also rejected but they are not before us.

3. According to respondents, the present appellants have no legal right as they have accepted appointment offered to them in Group D post. They are stopped from making any grievance against the same. As the Railway Administration has acted consistently with the then prevailing policy, the decision could not be interfered with by the Tribunal. It has further been pleaded on behalf of the respondents before the Tribunal that as the appointment of the appellants by the initial order of appointment was found to be erroneous in view of the policy decision that these posts will be filled up by promotion, the appointments were cancelled and instead of leaving the appellants high and dry, Railways have given them alternative appointment in Group D post which they have accepted.

4. We have heard Mr. Shahid Rizvi for the appellants and Ms. Rekha Pandey for the respondents.

5. In view of the contentions raised by the Bar, the question for determination by this Court is whether there was violation of Articles 14 and 16 of the Constitution on the ground of arbitrariness and discrimination as according to the appellants, the appointments were cancelled without giving them any opportunity of being heard. It has also been urged that as the appellants were Trade Apprentices under the Apprentice Act, 1961 (for short The Act) and they successfully completed the training as Fitter and were selected for appointment for the posts, the cancellation order is in violation of the Act.

6. According to Rule 159 of the Rules for Recruitment and Training of Group C and Group D and Workshop Staff, out of the vacancy in the category of Skilled Artisans Group C, 25% of the posts have to be filled by the selection from course completed ‘Act Apprentices’. ITI passed candidates and Matriculates from the open market; serving employees who were course completed ‘Act Apprentices’ or ITI qualified could be considered against this quota allowing age relaxation as applicable to service employees. Thus we find that for 25% of the posts, the three categories were to be considered for selection, namely,

(1) 25% by selection from course complete Act Apprentices

(2) ITI passed candidates and Matriculates from the open market

(3) Serving employees who were course c