IMPORTANT POINT
Seniority among direct recruits is determined by the date of joining after training, as per the Indian Railway Establishment Manual.

JUDGMENT :

(N. Unni Krishnan Nair. J) :

Heard Mr. G. Goswami, learned counsel for the petitioners. Also heard Dr. G. J. Sharma, learned counsel appearing for the respondent nos. 1 to 13.

2. The present writ petition has been instituted by the petitioners, assailing the Judgment and Order dated 22.11.2018, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in Original Application No. 040/00382/2016.

3. The respondent nos. 1 to 13, who were selected for appointment against the posts of Traffic Apprentices, vide the select dated 03.08.2005, were thereafter, deputed for training at the Zonal Railway Training School, Alipurduar for 24 months in the year 2008. On completion of their respective training course, the respondent nos. 1 to 13 had joined against their working posts on 26.04.2010. The respondent nos. 1 to 13, being aggrieved by the seniority positions assigned to them in the seniority list dated 12.03.2013 and 22.07.2015 in the cadre of SM/ASM/YM/TI-3 in the Pay Band of Rs. (9300-34800)+4200 Grade Pay below that of the respondent nos. 14 to 20, had instituted the above noted Original Application before the learned CAT, Guwahati Bench.

4. The respondent nos. 1 to 13, in the said Original Application had contended that they had joined as Traffic Apprentices in the year 2008 itself; and thereafter, were sent for training. The posts against which the petitioners were so selected and appointed, had arisen in the year 2001, inasmuch as, the process of recruitment involved was so initiated vide the Employment notice No. 01/2001 dated 09.06.2001. During the period the petitioners were under training, the Government had implemented the recommendations of the 6th Central Pay Commission (VI CPC) and the Pay Scale of Rs. 5500-9300, authorized to the posts of Traffic Apprentices, against which the respondents no. 1 to 13 were so appointed was revised to Rs. (9300-34800)+4200 Grade Pay.

5. The 6th CPC had recommended the merger of the Pay Scale of Rs. 5000-8000 and 5500-9000 into one grade of Rs. (9300-34800) with Grade Pay of Rs. 4200. It was contended by the respondent nos. 1 to 13 before the learned CAT, Guwahati Bench that the respondent nos. 14 to 20, who were placed in the lower Pay Scale of 5000-8000, on account of merger of the said Pay Scale with that of Rs. 5500-9000, came to be placed in the revised Pay Band of (9300-34800)+4200 Grade Pay. On such merger of the Pay Scale of the 6th CPC and the placement in the common Pay Band of Rs. (9300-34800)+4200 Grade Pay, an issue had arisen with regard to fixation of seniority of such incumbents who were placed earlier in different Pay Scales, which were subsequently merged. The respondent nos. 1 to 13, on completion of their respective training courses had joined their respective posts w.e.f., 26.04.2010.

6. The respondent authorities, in view of the directions issued in the matter by the Railway vide the Circular no. RBE No. 107/2012 dated 26.09.2012, proceeded to place the respondent nos. 1 to 13, herein, enbloc below the respondent nos. 14 to 20. The respondent nos. 1 to 13 before the learned CAT, Guwahati Bench had contended that the respondent nos. 14 to 20 having been earlier placed in Pay Scales lower than that authorized to the respondent nos. 1 to 13, could not have been assigned seniority position above the respondent nos. 1 to 13.

7. The said matter was contested by the Railway respondents before the learned CAT, Guwahati Bench and it was contended on behalf of the Railway respondents that the seniority of the respondent nos. 1 to 13, in terms of the provisions of Para 302 of the Indian Railway Establishment Manual (IREM), can be reckoned only from the date they had joined their respective posts after completion of their training courses. It was further contended that on account of the merger of different Pay Scales taking place, the seniority of the members of the service working in the various Scales of Pay, were so fixed in terms of the provisions of th