Seniority fixed by aggregate training marks from component exams valid under IREM Para 303(a) despite no single comprehensive exam.

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicants are seeking the following relief(s):

“This Hon'ble Tribunal may be pleased to call for the records pertaining to Seniority list of Assistant Loco Pilot as on 01.01.2013 and declare the action of the respondents in issuing a composite seniority list in respect of the employees who have under gone initial training in different batches, in different Training Institutes at different times in different spells-by arranging the names of the employees in the said seniority list in terms of the marks secured in Technical training, though such employees were not trained together at a time and did not attend for a common examination resulting in the names of the applicants who were given training in the 1st batch finding their names below several employees who were trained in the subsequent batches and joined service later to the applicants in the seniority list of Assistant Loco Pilot as on 01.01.2013 as illegal, arbitrary, unsupported by Rule and set aside and quash the said seniority list, and accordingly direct the respondents to provide batch-wise seniority, duly revising the seniority list of 01.01.2013 pertaining to the Assistant Loco Pilots cadre by placing the names in the sequence of the trainings held for different batches and upgrade the seniority of the applicants and provide all consequential benefits in terms of such revision of seniority and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. Facts of the case, as per the O.A. are that the applicants are working as Assistant Loco Pilots in Waltair division of East Coast Railway, Visakhapatnam, having been appointed through RRB panel of 2011, with 380 selected candidates. The said selected candidates were sent for induction training in 10 batches at different times to different Training Institutes. The applicants were sent for induction training in Technical to Vijayawada in the first batch.

3. It is the contention of the applicants that though the seniority rule at Para 303(a) of IREM, Vol.I envisage holding of an end of examination training covering all the components of training viz., Technical and General & Subsidiary Rules (G&SR), except holding examination at the end of Technical training, no examination was held at the end of the training comprising of all the components of training for the applicants.

4. The learned counsel for the applicants contended that the respondent division of Waltair published seniority list on 01.01.2013 placing the name of the applicants at SI.No.122 and 329 showing the training marks of the Technical training alone. Therefore, the applicants, along with others, submitted representation dated 16.09.2014 and 25.02.2015 requesting to prepare seniority list fixing inter-se- seniority batch-wise merit, but not on inter se merit drawn on composite basis in respect of different batches who have undergone Technical training at different times. The divisional authorities of Waltair division have chosen not to answer the said representations. Futher, in view of the factual position that the employees who have been trained subsequent to the training of the applicants in a different batch in a different training institute, were placed above the applicants, though they joined much later to the applicants and while giving them seniority advantage on the basis of the marks secured by them at the end of Technical training, the applicants have been put to serious disadvantage in the matter of seniority. It is further contended that in number of other Zo