The main legal point established in the judgment is that the training obtained by the employees during their service period, as per the advertisement and appointment conditions, should be counted for the purpose of counting the length of service under the Assured Career Progression Scheme.

JUDGMENT :

S.N. Prasad, J.

In all these writ petitions since common issue involved, the same are being disposed of by this common order.

These writ petitions are under Articles 226 and 227 of the Constitution of India preferred by Union of India through its General Manager, East Coast Railway, Bhubaneswar whereby and where under the orders passed by Central Administrative Tribunal, Cuttack Bench, Cuttack on different dates in different original applications has been assailed wherein the learned Tribunal has granted the benefit of upgradation in pay scale under Assured Career Progression Scheme by counting the period of training undergone by the applicants.

2. The brief facts of the case of the opposite parties – applicants in all the cases before the Tribunal was that they have joined the training after following all the formalities and on successful completion they have been taken into the cadre with effect from different dates and thereafter they have been regularized on different dates as Technical Grade-III (Welder).

The applicants have raised their grievance that they be given the benefit of upgradation in pay scale under the scheme formulated by the authorities by counting the period of 12 years from the date of their initial appointment, but when the same has not been considered by the authorities, they have approached the Tribunal and the Tribunal, after taking note of the entire aspect of the matter, has passed an order holding therein that they are entitled to be given upgradation of pay scale under the Assured Career Progression Scheme by counting 12 years of service from the date of their initial appointment, the said orders are under challenge before this court by way of these writ petitions inter alia on the ground that the training period ought not to have been counted for the purpose of counting the 12 years of continuous service.

3. Mr. Ashok Mohanty, learned Sr. Counsel representing the Union of India has tried to strengthen his argument by submitting that so many circulars have been issued by the East Coast Railway which provides condition that the period undergone on training cannot be counted for the purpose of counting the 12 years of service, rather the 12 years was to be counted from the date when the period of training has been completed.

He submits that the petitioners since have got pre training, i.e. before entering into service, as such the pre training period should not have been directed to be counted by the Tribunal for the purpose of counting the continuous service to extend the benefit of Assured Career Progression Scheme.

Learned Sr. Counsel, however, has submitted that if the training period is in service then the 12 years can be counted from the date of initial appointment.

4. Learned counsel appearing for the opposite parties - applicants has vehemently opposed the submission advanced on behalf of learned Sr. Counsel representing the East Coast Railway.

While arguing, he has submitted that the same issue fell for consideration before this court and this court in series of writ petitions have approved the order of the Tribunal, the matter went before the Hon’ble Apex Court, and the Apex Court has affirmed the same by dismissing the Special Leave Petition, hence nothing remains to be decided in this case.

He submits that the opposite parties - applicants have been appointed pursuant to an advertisement notified by the authorities being Employment Notice No.M8/476/MCS/ R&S whereby and where under the applications have been invited for recruitment of trainees for being eventually absorbed as Skilled Artisan in the Revised Scale of pay of Rs.260-400 in carriage repair work-shop with the condition that the candidates must have passed from any I.T.I. in the appropriate trade or completed Apprenticeship training in the appropriate trade and possess National Apprenticeship Certificate and the candidates should be in between the age group of 18 to 25 years of age as on 1.1.1985, the other stipulation therein w