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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE R. SUDHAKAR
Union of India, represented by The General Manager & Others - Appellant
Versus
The Registrar, The Central Administrative Tribunal & Another - Respondents
W.P.No.12205 of 2001 & W.M.P.No.17830 of 2001
Decided On : 29 March 2006
Traffic Apprentices - Recruitment Scheme - Rule 125 of the Indian Railway Establishment Manual - The judgment discusses the scheme for appointment of Traffic Apprentices and the interpretation of Rule 125 of the IREM. It highlights the approval of the scheme by the Supreme Court and the distinction between 'Apprentices' under the Apprentices Act and 'Traffic Apprentices' under Rule 125 of the IREM.
Fact of the Case:
The Union of India filed a writ petition challenging the order of the Tribunal dated 28.3.2001, which was issued in response to a notification calling for application to fill up vacancies for the post of Traffic Apprentices. The second respondent, a Station Master, filed the Original Application before the Tribunal, challenging the reservation of vacancies for Traffic Apprentices, which affected his chances of promotion.
Finding of the Court:
The court found that the scheme for appointment of Traffic Apprentices had been approved by the Supreme Court and that the challenge in the present writ petition would attract the bar of res-judicata. It also noted that the Tribunal had failed to consider the distinction between 'Apprentices' under the Apprentices Act and 'Traffic Apprentices' under Rule 125 of the IREM.
Issues: The issues involved the interpretation of Rule 125 of the IREM, the distinction between 'Apprentices' and 'Traffic Apprentices', and the impact of the approved scheme for appointment of Traffic Apprentices on the promotion opportunities of existing employees.
Ratio Decidendi: The court held that the scheme for appointment of Traffic Apprentices had been approved by the Supreme Court and that the reservation of vacancies for Traffic Apprentices was in accordance with the provisions of the IREM. It also emphasized the distinction between 'Apprentices' under the Apprentices Act and 'Traffic Apprentices' under Rule 125 of the IREM.
Final Decision: The court quashed the impugned order of the Tribunal and allowed the writ petition, stating that the challenge made by the second respondent was a futile attempt in vain. The court also noted that the second respondent had been subsequently promoted as Station Master Grade-II in the usual course.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the records of the impugned order in O.A.No.920 of 2000 dated 28.3.2001 from the file of the Central Administrative Tribunal, Madras, quash the same.
R. Sudhakar, J.
The present writ petition has been filed by the Union of India, represented by the General Manager, Southern Railway and three other petitioners, namely The Chief Personnel Officer, Southern Railway, The Divisional Railway Manager, Chennai Division, Southern Railway and The Senior Divisional Operating Manager, Chennai Division, Southern Railway. The affidavit in support of the writ petition has been filed by the Senior Divisional Personnel Officer, Chennai Division, Southern Railway, on behalf of all the petitioners. The petitioners challenge the order of the Tribunal dated 28.3.2001 in O.A.No.920 of 2000.
2. The reason for filing of the Original Application started with the issuance of the notification by the Chief Personnel Officer, Southern Railway, Headquarters Office, Personnel Branch, Chennai-3, bearing No.P(S).608/II/Tfc.App./LDCE, dated 28.6.1999, calling for application from eligible employees. The said notification dated 28.6.1999 reads as follows:
“Sub: Filling up of 10% vacancies of Traffic Apprentices by serving employees of operating department.
In terms of instructions contained in Board's letter No.E(NG)/II/84/RC-3-15 (AIRF) dated 15.05.87 circulated under this office letter No.P(RT) 563/I/14/Vol.VII dated 16.6.87 10% of vacancies in the categories of Section Controllers, Station Masters/Traffic Inspectors and Yard Masters in scale Rs.5500-9000 are required to be filled by recruitment of Traffic Apprentices by Limited Departmental Competitive Examination from amongst serving graduates of Traffic Department (other than ministerial staff) below the age of 40 years.
It is proposed to conduct selection for the post of Traffic Apprentices to fill up 69 vacancies (UR-56, SC-8 and ST-5) of Section Controllers in scale Rs.5500-9000 Station Masters/Traffic Controllers in scale Rs.5500-9000 and Yard Masters in scale Rs.5500-9000 from the eligible Group 'C' staff of Operating Branch (other than Ministerial Staff) who are graduates below the age of 40 years.
The requisite qualification for recruitment of Traffic Apprentices is as follows:
(i) Should be graduate from a recognised university.
(ii) Diploma in Rail Transport and Management from the institute of Rail Transport/New Delhi will be a desirable qualification.
The employees recruited as Traffic Apprentices will be required to undergo 2 years training as Traffic Apprentices and they will draw stipend of Rs.4500/- in first year and Rs.4625/- in second year. After successful completion of their training they will be absorbed in the working post of Section Controller/Station Master/Traffic Inspector/Yard Masters in scale Rs.5500-9000 according to vacancies subject to clarification from Board in respect of revised replacement scale applicable to Station Masters/Traffic Inspectors/Yard Masters, in the pre-revised scale of Rs.1600-2660 under RS (RP) Rules, 1997 from 1.1.96.
Applications are called for from the eligible employees who volunteer for the above and they may be forwarded to this office along with list of volunteers categorywise and gradewise in the order of seniority as per Proforma enclosed so as to reach this office on or before 31 .7.1999 certain.”
3. The second respondent herein is the applicant in the Original Application before the Tribunal. His case before the Tribunal is as follows:
The second respondent herein joined the Railway Service in the year 1985 and working as Station Master Grade-III in the scale of pay of Rs.5000-8000. The cadre of Station Master is structured as follows:
10% Assistant Station Master - 4500-7000
47% Station Master Grade-III - 5000-8000
25% Station Master Grade-II - 5500-9000
15% Station Master Grade-I - 6800-10500
3% Station Manager
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