Selection to Track Maintainer Grade-I is a railway selection post governed by the guidelines in RBE No.17/2014 (2(A)) and related circulars; weightage to viva-voce, service records, and seniority in a 1:3 vacancy ratio is valid; no illegality found in panel formation; OA dismissed.

ORDER

Per : Hon’ble Dr. Hukum Singh Meena, Member (A)

Being aggrieved by the Orders E/Conf/1025/01/ENGG. Dated 18.12.2017, No.EE/830/I(Vol.II)(TM):& OO.EE/19/18 dated 11.01.2018, No.E / Wel / 1210 / Ka-Shi / ADI dated 12.02.2018 and E/Wel/1210/pers.DRM/ :Dharmendra Kumar dated 26.02.2018, the applicant has filed this OA under Section 19 of the Act, 1985 seeking following relief:-

“A. Call upon the official respondents herein to place before this Hon'ble Tribunal for its perusal the entire original file / noting file / exchange of correspondence between Ahmedabad Railway Division and the Western Railway Hqrs., in this behalf as also the other relevant and material documents giving rise to the issuance of the impugned documents at Annexure- A/1 to Annexure-A/4 hereto;

B. Upon the close scrutiny and perusal of the aforesaid original file / noting file /documents, your Lordships may be graciously further pleased to

B-1. quash and set aside, holding and declaring the same to be ex facie arbitrary, unreasonable, discriminatory and contrary to the Railway Board's instructions & guidelines on the subject, the (i) impugned Memorandum bearing No.E/CONF/1025/01/ENGG.17 dated 18.12.2017 at Annexure-A/1 hereto, issued by the respondent no.3 herein in so far as it is in relation to the questionable manner of the preparation of provisional panel for the unit SSE(P.Way), S/MSH for grant of promotion to the post of Track Maintainer Gr.I contrary to the specific instructions contained in the Railway Board's circulars and in IREM, (ii) impugned Memorandum bearing No.EE/830/1/Vol;II(TM) dated 11.01.2018 at Annexure-A/2 hereto issued by the APO (G) for and on behalf of Sr.DEN(Co), ADI, in so far as it seeks to exclude the names of the applicants herein and include the names of the private respondents herein contrary to the specific instructions contained in the Railway Board's circulars and in IREM, (iii) impugned communication bearing No.E/Wel/1210/Kha- Shi/ADI dated 12.02.2018 at Annexure-A/3 hereto issued by the O/o the DRM(E), ADI, rejecting the applicants' representation dated 18.01.2012 and (iv) impugned communication bearing No.E/Wel/1210/per.DRM/Dharmanedra Kumar dated dated 2702.2018 at Annexure-A/4 hereto issued by the O/o DRM(E), Ahmedabad, rejecting the applicants' representation dated 14.02.2018.

B-2 issue appropriate directions to the respondents no.1, 2, 3 & 4 herein to (i) forthwith grant to the applicants herein the promotion to the post of Track Maintainer Grade I w.e.f. 11.01.2018 from which the juniors of the applicants herein who are the private respondents in this OA were given promotion to the said post by virtue of the impugned Memorandum dated 18.12.2017 at Annexure-A/1 hereto and the consequent Memorandum dated 11.01.2018 at Annexure-A/2 hereto, with all the consequential benefits flowing therefrom including the appropriate seniority in the cadre of Track Maintainer Grade I, the arrears of pay & interest thereon @ 12% p.a.,

2. Brief facts of the case are as follows:-

2.1 The applicants herein joined as Gangmen after being selected by the Railway Recruitment Cell (RRC), Mumbai in the pay scale of Rs.2610-3540/- in the V Central Pay Commission (hereinafter referred to as “CPC”); secured rank Nos.383 and 674 respectively and joined the services of the Railway Division, Ahmedabad under SSE (P.Way) on 24.04.2007 and 01.05.2007 respectively, Pay scale of the applicants were revised in the scale of pay of Rs.5200-20200/- with GP of Rs.1800 after recommendations of the VI CPC with effect from their date of joining in the services of the Railways.

2.2 Subsequently, the applicants were promoted as Key Man vide ADEN Mehsana’s Memorandum bearing No.E/839/K’man on 08.06.2011 (Annexure-A/9). They were further submitted that in the year 2012, the Railway Board issued a notificat