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High Court Of Delhi
LILA CHOPRA - Appellant
Versus
SURINDER PAL SINGH - Respondent
L.P.A. 105 of 1983
Decided On : 11/25/1988
RAILWAYS - SENIORITY - TELEPHONE OPERATORS - MERGER OF CADRE WITH CLERICAL CADRE - TRANSFER OF CLERKS TO TELEPHONE OPERATORS - SENIORITY ON TRANSFER - RULE 311 OF INDIAN RAILWAY ESTABLISHMENT MANUAL - INTERPRETATION - TRANSFER IN THE INTEREST OF ADMINISTRATION - SENIORITY FROM DATE OF APPOINTMENT AS CLERK - TRANSFER ON REQUEST - SENIORITY FROM DATE OF JOINING AS TELEPHONE OPERATOR.
Fact of the Case:
The Indian Railways, owned and managed by the State, employ several lacs of people. The rules governing general conditions of service applicable to Railway servants are contained in the Indian Railways Establishment Code-Volume 1. The Railway Services have been classified into Gazetted and non-Gazetted. Posts have been created from time to time and added to the existing cadres with scale of pay revised from time to time. They were classified into various categories, depending upon the scale of pay and grouped together into four groups. All Gazetted and non-Gazetted posts created subsequent to April 1, 1976 are to be classified into Group a , Group b , Group c and Group d posts. The establishments and categories falling under the services mentioned in Rule 106 are shown in Rule 108. There is a sanctioned strength of the various cardes. The cadre of the services and departments included in Railway Services Groups a and b (other than Medical Department and Specialists) posts in Indian Railways is to be fixed according to the principles laid down in Rule 111. Separate cadres are required to be maintained for each Indian Railways The posts required for each service or department have first to be determined and the suitably divided, into various special grades. Similarly the number and character of Groups c and d posts in the Office of the Railways Board and other officers and projects are determined.
Finding of the Court:
The transfer of the contesting respondents and Raj Kumar from the category of clerks to that of Telephone Operators was done in the interest of service and, therefore, they cannot be denied the benefit of seniority from the date of their appointment as clerk, which would imply that Ms. Asha Sehgal and Ms. Leela Chopra cannot be assigned seniority above the four employees.
Issues: Whether the transfer of the contesting respondents was in the interest of administration and their seniority is protected under Rule 311 of the Indian Railway Establishment Manual.
Ratio Decidendi: The seniority of the contesting respondents was governed by Rule 311 as their transfer was in the interest of administration, "it will be against all rules of service jurisprudence, if a government servant holding a particular post is transferred to the same or an equivalent post in another government department, the period of his service in the post before his transfer is not taken into consideration in computing his seniority in the transferred post. The transfer cannot wipe out his length of service in the post from which he has been transferred. It has been observed by this Court that it is a just and wholesome principle commonly applied where persons from different sources are drafted to serve in a new service that their pre-existing total length of service in the parent department should be respected and presented by taking the same into account in determining their ranking in the new service cadre. See R. S. Mokashi v. I. M. Menon, (1982) 1 SCC 379 : (AIR 1982 SC 101) : (1) Wing Commander J. Kumar v. Union of India, (1982) 3 SCR 453 : (AIR 1982 SC 1064) (2 ). (See "k. Madhavan v. Union of India", AIR 1987 SC 2291) (3 )."
Final Decision: Appeal dismissed.
( 1 ) THE challenge in this appeal relates to the cadre of telephone operators and to the cadre of clerks and their seniority on the merger of the two cadres and/or on transfer/absorption from one branch to another branch and turns on the answer to the question whether the transfer is in the interest of administration or the transfer is on request.
( 2 ) THE Indian Railways owned and managed by the State employ several lacs of people. Rules issued by the President in exercise of powers conferred on him by the proviso to Article 309 of the Constitution of India governing general conditions of service applicable to Railway servants are contained in the Indian Railways Establishment Code-Volume 1. We are refeirng to the Rules given in the compilation of. 1985. Some of these Rules correspond to the Fundamental Rules and Supplermentary Rules applicable to all civil servants (other than Railways servant) under the Indian Union, who arc subject to the rule-making powers by the President. For the purpose of these rules, the Railway Services have been classified into Gazetted and non-Gazetted (Rule 106 ). The Gazetted comprises of Railway Services, Group a and Railway Services. Group b . The non-Gezetted comprises of Railway Services, Group c Railway Services, Group d and workshop Staff (Groups c and d ). Posts have been created from time to time and added to the existing cadres with scale of pay revised from time to time. They were classified into various categories. depending upon the scale of pay and grouped together into four groups. All Gazetted and non-Gazetted posts created subsequent to April 1, 1976 are to be classified into Group a Group b , Group c and Group d posts. The establishments and categories falling under the services mentioned in. Rule 106 are shown in Rule 108. There is a sanctioned strength of the various cardes. The cadre of the services and departments included in Railway Services Groups a and b (other than Medical Department and Specialists) posts in Indian Railways is to be fixed. according to the principles laid down in Rule 111. Separate cadres are required to be maintained for each Indian Railways The posts required for each service or department have first to be determined and the suitably divided, into various special grades. Similarly the number and character of Groups c and d posts in the Office of the Railways Board and other officers and projects are determined.
( 3 ) THE Indian Railways Slave been divided into different zones and their Headquarter, inter alia, Northern Railways with which we are concerned in the case. Each Railway Zone is further divided for the purposes of administrative functions into different divisions. We are concerned in this case with the : Delhi Division of the Northern Railway. Each Railway Zone is divided at Headquarters and has branches including Operating. Commercial, Civil Engineering, Mechanical Engineering, Finance and Accounts, Personnel, Signal and "tele-communication. Electrical Engineering, Medical, Stores, Security etc.
( 4 ) UNDER Rule 123, the Railway Board has been invested with full powers to make rules of general application to Group c and Group d Railway servants under their control. The General Managers of the Indian Railways have been given full powers to make rules with regard to Railway servants in Groups c and d under their control provided they are not inconsistent with any rules made by the President or the Ministry of Railways. The Rules for the recruitment, promotions, seniority and ether conditions of service of non-Gazetted Railway servants D (Groups c and d staff) are contained in the Indian Railway Establishment Manual. It embodies all administrative orders on Code Rules and allied matters issued by the Railway Board from time to time. Chapter I contains the rules relating to recruitment, training, confirmation and re-employment. Chapter II contains the rules governing the promotion of the s
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