Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Mad) 2799

High Court of Judicature at Madras
ELIPE DHARMA RAO & M. VENUGOPAL
Union of India rep., by The Divisional Railway Manager, Southern Railway, Madurai Division & Another
Versus
The Hon'ble Central Administrative Tribunal, Madras Bench, by its Registrar, Chennai & Others
Writ Petition No.13569 of 2011
Decided on: 05-07-2012

Advocates Appeared:
For the Petitioner:SU. Srinivasan, Advocate.
For the Respondents:R1 - Tribunal, R2 to R6 - L. Chandrakumar, Advocate.

The main legal point established in the judgment is that the seniority of candidates recruited through the Railway Service Commission or any other recruiting authority should be determined based on the merit list obtained in the examination held at the end of the training period, as per Paragraph 303 of the Indian Railway Establishment Manual.

Headnote:
Seniority - Indian Railway Establishment Manual, RBE No.107/94 - Paragraph 303, Paragraph 124(1), Paragraph 303(a), Paragraph 320
Fact of the Case:

The case involves a dispute over the seniority of a candidate for the post of Goods Guard in the Indian Railways. The candidate, the second respondent, challenged the order rejecting his representation seeking revision of seniority, which was allowed by the Central Administrative Tribunal.
Finding of the Court:

The court found that the seniority of candidates recruited through the Railway Service Commission or any other recruiting authority should be determined based on the merit list obtained in the examination held at the end of the training period, as per Paragraph 303 of the Indian Railway Establishment Manual. The court held that the second respondent was entitled to have his seniority fixed based on the merit list prepared after completing the training.
Issues: The issues revolved around the interpretation of the Indian Railway Establishment Manual and the Railway Board's circulars regarding the determination of seniority for the post of Goods Guard.
Ratio Decidendi: The court applied Paragraph 303 of the Indian Railway Establishment Manual, which specifies the method for determining the seniority of candidates sent for initial training to training schools. The court also emphasized the importance of applying the correct provisions and giving proper attention to civil rights of railway employees.
Final Decision: The writ petition was dismissed, and the court held that the second respondent was entitled to have his seniority fixed based on the merit list prepared after completing the training.

Judgment

Elipe Dharma Rao

1. The petitioners have filed the present writ petition challenging the order, dated 27.09.2010, made in O.A.No.598 of 2009, passed by the Central Administrative Tribunal, whereby and whereunder the original application, which was filed by the second respondent herein against the order rejecting his representation seeking revision of seniority, passed by the second petitioner herein, dated 18.05.2009, was allowed and the respondents therein, who are the petitioners herein, were directed to assign the seniority of the applicant as per Paragraph 303 of Indian Railway Establishment Manuel and RBE No.107/94 (Supplementary Circular No.34) based on the marks obtained in the examination conducted at the end of the training.

2. It is the case of the petitioners that the post of Goods Guard carrying the scale of pay of Rs.4500-7000 is a safety category post and the mode of filling up of the said post is prescribed in Paragraph 124 (1) of Indian Railway Establishment Manual. Volume 1 as amended by Advance Correction Slip No.47, which reads as follows:-

i. 60% by general selection from amongst serving regular employees with a minimum of three years service working in Grade(s)Rs.3050-4590-3200-4900/4000-6000 in the categories of Train Clerk/Senior Train Clerk, Commercial Clerk/Senior Commercial Clerk, Ticket Collector/Senior Ticket Collector, Switchmen, Assistant Guard/Senior Assistant Guard and Yard staff.

ii. 15% by LDCE plus shortfall if any against (i) above, from amongst regular, non-ministerial Group "C" employees with a minimum of 3 years service, working in Grade(s) Rs.3050-4590-3200-4900/4000-6000 upto 40 years of age (45 years in the case of SC/ST) and having the qualification of graduation and

iii. 25% by direct recruitment quota through Railway Recruitment Board plus shortfall if any against (ii) above and having the qualification of graduation.

3. It is also the case of the petitioners that the Railway Board, vide their letter No.E(NG)-96/PM2/3, dated 04.02.1999, added the words, "Individual quotas for each of these categories being fixed by the Zonal Railways" under sub paragraph (1)(i) of Paragraph 124 of Indian Railway Establishment Manual. Volume 1. It is the further case of the petitioners that in accordance with the instructions contained in Railway Board's letter dated 04.02.1999, the first petitioner, in consultation with both the Organised Labour, has fixed the following individual quota in respect of each category and the same was communicated by letter, dated 26.10.1999 and the individual quota earmarked for each category is as under:-

4. According to the petitioners, the Chief Personnel Officer's letter, dated 26.10.1999, stipulates that the panel formed will be one for the notified vacancies amalgamating all the qualified personnel belonging to different categories restricted to the percentage assigned to each group; that it will be based on the length of non-fortuitous service in the grade and the person in the higher grade being senior to the one in the lower grade; and that in case of adequate number of employees from the specified categories are not qualifying, the shortage will be made good from among the excess staff qualified from other categories on the basis of integrated seniority.

5. It is also the case of the petitioners that in the above background, they have initiated a selection for the post of Goods Guard in the Scale of Pay of Rs.4500-7000 in order to fill up 18 vacancies with the break-up of Scheduled Caste-Nil; Scheduled Tribe-3 and Unreserved-15 against 60% promotional quota by issuing Notification, dated 27.09.2006. It is the further case of the petitioners that the post of Goods Guard against 60% promotional quota is filled up by way of calling volunteers from various categories indicated in Paragraph 124 (1) of Indian Railway Establishment Manual. Volume 1 and in response to the same, 159 employees volunteered from various categories to appear for the selection

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