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1980 Supreme(SC) 153

SUPREME COURT OF INDIA
O.Chinnappa Reddy : R.S.Pathak : R.S.Sarkaria
Katyani Dayal: K.K.Gupta
Versus
Union Of India
Case No. : 147 , 151 of 1976,7905 of 1979
Date of Decision : 3/26/80
Advocates Appeared: Banerjee M.K. : Bhandan S. : Bhandare M.C. : Bhatia Madan : Chitale Y.S. : Datar R.B. : Divan Anil B. : Ganguli A.K. : Goburdhan D. : Gupta S.C. : Gupta S.D. : Jain S.K. : Karanjawala R. : Kardhartis A.M. : Nariman F.S. : Pandey Ramesh Chand : Parekh P.H. : Sachthey R.N. : Shridharn T. : Singh C.B. : Singh Girdharee : Sinha L.N. : Subhashini A. : Tarkunde V.M.

Advocates:
A.K.GANGULY, A.M.KARDHARTIS, A.Subhashini, Anil B.Divan, C.B.SINGH, D.GOVERDHAN CHARY, F.S.NARIMAN, GIRDHARI SINGH, L.N.Sinha, M.C.BHANDARE, M.K.BANERJI, MADAN BHATIA, P.H.Parekh, R.B.DATAR, R.KARANJAWALA, R.N.SACH, RAMESH CHAND PANDEY, S.Bhandan, S.C.GUPTA, S.D.Gupta, S.K.JAIN, T.SHRIDHARN, V.M.TARKUNDE, Y.S.Chitale

Headnote:

Constitution of India, 1950 - Articles 14, 16, 53, 73 and 309 - Railway Service of Engineers - In this case as in most other service matters that reach this court questions which arise for consideration relate to classification confirmation seniority promotion etc - Questions which appear to agitate minds of members of all services - Administrators seeking to find solutions to some of problems very soon discover that their solutions are no more than illusions and have created other problems - First one party and then another party all seek protection of court - court is no expert administrator - Lacking expertise lacking administrators access to information there are obvious limitations to what court may do court may at best attempt to solve some basic legal issues - That court strives to do without disturbing administrative equilibrium - Held, Therefore there was no question of entitlement of equal rights with latter - Of course once they were absorbed into railway service of engineers they would be entitled not to be treated differently thereafter - Their seniority would ordinarily be reckoned from date of their absorption into railway service of engineers as promised in their letters of appointment - No doubt these officers merited something more than long wait at portals of railway service of engineers - Railway Board however appears to have tried to make long wait a little less tedious by giving them weight age of half of their length of service as temporary assistant officers subject to a maximum of five years - We wish to say nothing about validity of such weight age as we understand it is in question elsewhere - Though we are denying claim of petitioners to equality because of history origin and structure of services and existing legal position in relation thereto we do not wish to be understood as saying that there is anything doctrinaire in principles of equal pay for equal work and equal status for equal pay and equal work - Writ Petition are dismissed.

Chinnappa Reddy, J.

(1) SEVERAL hundred Railway Engineers who should have been busy elsewhere, building bridges, laying-or doubling tracks and so on have found themselves in the corridors of this court in pursuit of the loaves of career. Quite a contingent was present in court anxiously watching the proceedings and listening with rapt attention to every word that fell from counsel and judge. One could not help wondering whether this multi-tiered,multi-varna service-system was itself not productive of a career neurosis, destructive of the very efficiency which it sought to achieve.

(2) IN this case, as in most other service matters that reach this court, the questions which arise for, consideration relate to classification, confirmation, seniority, promotion etc., questions which appear to agitate the minds of the members of all services. Administrators seeking to find solutions to some of the problems very soon discover that their solutions are no more than illusions and have created other problems. First one party and then another party, all seek the protection of the court. The court is no expert administrator. Lacking expertise, lacking the administrators access to information, there are obvious limitations to what the court may do, The, "court may at best attempt to solve some basic legal issues. That the court strives to do without disturbing the administrative equilibrium.

(3) THE service with which we are concerned in this -case is the -Indian Railway Service of engineers Class I.. While the petitioners claim that they were appointed to this service after selection by the Union public service commission, the respondents allege that the petitioners were appointed as temporary Engineers only, constituting a special class and service by themselves, and were not -appointed to the Indian Railway Service of Engineers, Class I at all.

(4) IT appears that from the time of the first, fiye-year plan onwards several important assignments such as the construction of major bridges, new lines, doubling of electrification of existing lines etc. , were taken up by the Civil Engineering Department of the Indian Railways. It became necessary to create a number of temporary posts of Class I (Indian Railway Service of Engineers) and Class II Engineers to carry out these works. In 1955 it was estimated that about 200 additional engineers would be necessary within the next two years to deal with the planning, surveying, estimating and construction of the multitude of the proposed development works. It was not thought possible to meet the additional personnel requirements from existing sources, which were, direct recruitment to Class I on the basis of the results of a competitive examination and promotion to Class II from Class III. Though the conversion of some of the temporary posts into permanent ones might meet part of the requirement, it was thought, recruitment through normal channel to such posts would -necessarily have to be spread over a period of years so as to avoid bunching of officers within particular age group. It was, therefore, decided to recruit, in the first instance, fifty temporary Engineers immediately. Their scale of pay was to be the same as that of the Indian Railway Service of Engineers. The age limit was to be 25 to 35 years so as to attract engineers with practical experience. The appointments were to be normally made on the minimum of the time-scale but persons with previous experience could be fitted into the scale at a higher stage. As the posts were to be temporary, it was decided that an incentive should be given to attract suitable candidates by reserving a proportion of the permanent vacancies in the Indian Railway Service of Engineers each year for being filled by such temporary Engineers. Six vacancies in the Indian Railway Service of Engineers were to be so earmarked annually to start with. The quota could be increased later. On permanent appointment to the India




























































































































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