A SASIDHARAN Vs. UNION OF INDIA
LAWS(KER)-2005-9-53
HIGH COURT OF KERALA
Decided on September 23,2005

A.SASIDHARAN Appellant
VERSUS
UNION OF INDIA, REP.GENERAL MANGER Respondents


Referred Judgements :-

NIRMAL CHANDRA BHATTACHARJEE V. UNION OF INDIA [REFERRED TO]


JUDGEMENT

K. A. Abdul Gafoor, J. - (1.)These Writ Petitions arise out of a common judgment in four Original Applications decided by the Ernakulam Bench of the Central Administrative Tribunal. The issue raised before the Tribunal was with regard to the eligibility for promotion to the post of Train Clerks/Ticket Collector in the scale of pay of Rs. 3050-4590 in Group 'C' in the Railways. Applications were invited for selection to the said posts against the quota of 33 1/3% set apart to the incumbents working in Group 'D' posts like Pointsmen Grade 1 as is revealed from Annexure A1 before the Tribunal in O.A No. 551 of 1004. The O.A. with Annexures are marked in W.P.(C) No. 8147 of 2005 as Ext. P2. The said notification spells out that categories like PM I/CM I/LM USr. GK in the scale of pay Rs.3050-4590 come within the field of choice. PM I mean Pointsman Grade I. Therefore, applications are invited from them as well. All the petitioners are Pointsmen Grade I. They participated in the selection process. But, at the time of viva-voce they were excluded from the selection process on the ground that they are already in the scale of pay of Rs. 3050-4590, which is the scale of pay of Ticket Collector/Train Clerks, for appointment to which applications were invited and that the incumbents did have regular channel of promotion. This was challenged before the Central Administrative Tribunal. The Central Administrative Tribunal also found that the view taken by the Railways was justifiable. Therefore, the applications were dismissed. Now, they have approached this Court challenging the finding of the Central Administrative Tribunal contending that going by Ext. P6 amendment (marked in W.P.(C) No. 8147 of 2005) to Para 189 of the Indian Railway Establishment Manual, Vol I, posts in Group 'C' with the scale of pay of Rs. 825-1200/950-1400 which now stands revised to Rs. 3050-4590 are also eligible for being considered for promotion. Therefore, the view of the Tribunal was not justified. In this regard, the view taken by the Railway Board in Exts. R1 and R2 is, also pressed into service. It is submitted that persons like petitioners were being considered by the Railways as is revealed by Ext. R1 and R2. Therefore, there was no reason now to take a different view.
(2.)The promotion is governed by statutory rules in Para 189 of the Indian Railway Establishment Manual, which now stands amended as mentioned above from 10-3-1993, long before the issuance of the recruitment notification on 3-7-2003. There is no challenge against Ext. P6. Therefore, Ext. P6 forms part of the existing statute. The amendment incorporated inserting a Note at the end of Para 189 reads as follows:
Employees in lower group 'C' scales of Rs. 825-1200/950-1400 for whom no regular avenue of promotion exists will also be eligible to appear in the selection held for promotion of Group 'D' employees to group 'C' against the prescribed quota.

(3.)Then the issue is whether Pointsman Grade I in the scale of Rs. 3050-4590 are having regular avenue of promotion. If they are having such regular avenue of promotion, necessarily, going by the said Note they will be out of the zone of consideration. On the other hand, if they do not have regular channel of promotion, necessarily, they will be within the zone of consideration.


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