Seniority of railway recruits fixed by aggregate marks from component-wise training exams under IREM Para 303(a), not recruitment board rank, absent single comprehensive end-training exam; feasible given separate institutes.

ORDER 

PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking therein the following relief:

a. To call for the records pertaining to Provisional Seniority list of Senior Assistant Loco Pilot/Assistant Loco Pilot dated 17.07.2020; letter No.SCR/P-GNT/401/Cadre/LR-6/Rng./Vol.II, dated 25.09.2020 and revised provisional seniority list dated 09.10.2020; and

b. Declare the action of the respondent railways in not fixing the seniority of the applicant in the recruitment grade of Assistant Loco Pilot before ordering promotion to the post of Senior Assistant Loco Pilot, by reckoning the seniority in the recruitment grade based on average mark of the different components of training as illegal, arbitrary and set aside and quash the said seniority lists and letter dated 25.09.2020; and

c. Direct the respondent railways to reckon the seniority of the applicants in the recruitment grade of Assistant Loco Pilot on the basis of RRB rank and accordingly, grant the consequential benefit of promotions to the grade of Senior Assistant Loco Pilot onwards and accordingly grant all other consequential benefits.

2. All the applicants in these OAs were recruited as Assistant Loco Pilots through Railway Recruitment Board(RRB), Secunderabad in the year 2013 and were allotted to Guntur Division. The selected candidates of 2013 batch, who were allotted to Guntur division were not deputed for the mandatory training in one go. The applicants and other selected candidates of Guntur division were deputed for induction training, which is mandatory in different batches to different training institutions. The initial training of Assistant Loco Pilot comprises of 2 components of training i.e. General & Subsidiary Rules (G&SR) and the Technical training. As per the provisions of Para 303(a) of Indian Railway Establishment Manual, the respondent-railways have to determine the seniority of the Assistant Loco Pilots in terms of the merit secured in the examination conducted at the end of training. In view of the fact that the ALPs allotted to Guntur division were not trained together and no end of training examination was held, the seniority of the applicants’ batch cannot be fixed by following the provision at para 303(a) of IREM. The 2013 batch ALPs were trained in different batches in different training institutes at different times and no examination was held at the end of the training covering all the components of training. The respondent-railway Board in similar circumstances where no examination was held at the end of training issued an instruction to determine the seniority of the running staff based on the position in the respective RRB panel. The said policy of the Railway Board has been circulated vide letter dated 13.03.2007 by the Chief Personnel Officer of South Central Railway. The respondent Guntur division without publishing any seniority list of Assistant Loco Pilots of 2013 batch, issued proceedings of promotion to the next grade of Sr.ALP vide memorandum dated 04.02.2015 and issued office order on the same day effecting promotions, placing names of certain less meritorious ALPs of 2013 than the applicants and also by following rule of reservation. The applicants were not considered for promotion despite holding higher rank in the RRB merit list and less meritorious employees were given the promotion and some more employees were also given the promotions against roster point of SC/ST. The applicants No.1, 2, 4 and 5 have earlier filed OA.No.462 of 2015 seeking a direction to fix their seniority in terms of merit in