Compliance with tribunal orders assessed; non-willful disobedience in contempt cases is not actionable.

ORDER

By Akhil Kumar Srivastava, JM.-

This Contempt Petition has been filed by the petitioners alleging non compliance of the order dated 30.04.2014 passed by this Tribunal in Original Application No.849/2012.

2. The petitioners have filed the Original Application challenging the action of the respondents of passing of MLD course, a mandatory qualification for promotion from Senior Assistant Loco Pilot/Assistant Loco Pilot to Loco Pilot (Shunting).

2.1 The Original Application filed by the petitioners was disposed of vide order dated 30.04.2014 in the light of the order passed in Original Application No.355 of 2009 dated 10.01.2013 with the stipulation that the petitioners will be governed by the decision of the Hon’ble High Court in Writ Petition No.5908/2013.

2.2 On 09.09.2024 (Annexure C-3), the Hon’ble High Court has dismissed the Writ Petition filed by the respondents and have affirmed the order passed by this Tribunal.

2.3 The petitioners submit that despite the judicial pronouncements and also various representations by the petitioners, the respondents have not complied with the order passed by this Tribunal. Hence, this Contempt Petition has been filed.

3. The respondents have responded to the notice of contempt by filing their reply on 16.06.2025 inter alia stating as under:

3.1 The provision of written examination for selection of Loco Pilot Goods II was discontinued vide RBE No.161/2009 dated 03.09.2009 and it is now being done on basis of seniority-cum-suitability. RBE No.161/2009). Accordingly, later on the petitioners coming in the zone of consideration for the test held on 08.04.2009 were also promoted on LPG-II (which was merged with LPG-I in 6th PC and designated as LPG) along with others on the different dates between 2009 to 2014.

3.2 In para 17 of the order dated 10.01.2013 passed in OA No.355 of 2009, this Tribunal has directed the respondents to conduct a review selection/written examination in which all the candidates, who are eligible to take part in pursuance of notification dt. 16.03.2009, while ignoring the first eligible condition in this notification which is regarding passing of MLD training, should be allowed to participate. Therefore, the administration has complied with the direction of this Tribunal and the panel which was formed on 23.06.2009 has been revised vide letter dated 10.01.2025 by including all the employees who were found suitable for the post of Loco Pilot Goods in the suitability tests held on different dates between 2009 to 2014 and are coming in the zone of consideration for the test held on 08.04.2009. The merit has been kept as per seniority of the employees (General seniority for unreserved 148 posts and thereafter SC/ST employees who have been placed on reserved vacancies) based on the latest seniority list which was available at that time i.e, issued on 01.03.2006 (LPS-I; LPS-II; SrALP) & 10.10.2007(ALP).

3.3 There are more than 256 employees available in the zone of consideration (Including LPS-I; LPS-II, SrALP & ALP) above the applicants as per seniority list dated 01.03.2006 & 10.10.2007. Suitability for promotion to LPG was further held in 2010, 2012, 2013, 2014 as and when vacancies arose. The petitioners of the OA No. 355/2009 were promoted to the post of LPG in suitability conducted in 2012 as per their seniority in UR block and vacancies available. However, the present petitioners could not be promoted to the post of LPG in 2012 because their seniority position was far below than the last promoted employee in UR block.

3.4 All the employees coming in the zone of consideration for the post of Loco Pilot Goods have been included as per seniority,