RANGANATHAN - (1.) THESE two writ petitions were filed as early as 1985 but they are still at the admission stage. However notices have been issued to the respondents and we have heard counsel on both sides. As both the writ petitions relate to the same subject matter, it will be convenient to dispose of them by a common order and we proceed to do so.
(2.) THE controversy in these writ petitions is as to the proper principle for determination of seniority in the Transportation (Traffic) Department of the Indian Railways. Though the petitioners in Writ Petition No. 11704 of 1985, belong to the Central Railways, the principle to be determined will have application over all the nine Railways in the country and is being agitated in Writ Petition No. 12802 of 1985 by the All India Train Controller's Association. THE officials with whom we are concerend in these writ petitions occupy Group C (Class III) posts in the above department. THE question of their inter se seniority has become material for their promotion to Group B (Class II) posts which really form the lowest rung of the management cadre. 75 Per Cent of the vacancies arising in Group B (Class II) posts in. which department are filled in by promotion on selection from among Group C (Class III) employees of the department on the basis of seniority-cum-merit. THE difficulty in determination of the inter se seniority arises because there are different streams of eligible Group C (Class III) employees, occupying posts with different scales of pay, who have to be considered for selection to Group B posts. As only those employees from the different streams can be considered as fall within the zone of consideration is determined with reference to the number of vacancies in Group B for which the selection is held at any point of time, the position of an employee in the combined seniority list of all the streams assumes great importance. We are concerned with the selections for appointment to three Group B posts in the Operating Branch of the Traffic and Transportation Department. These are : Assistant Operating Superintendent, Assistant Traffic Superintendent and Station Superintendent.' The four Group C streams which have the avenue of promotion to the above group B posts are: (1) The Control Stream, which consists of the Chief Controller, the Deputy Chief Controller and the Section Controller; (2) The Traffic Stream, which comprises of the Station Master, the Yard Master, Traffic Inspector and Signaller; (3) The Ministerial Stream, consisting of office staff; and (4) The Running Stream, consisting of Guards. We are here concerned only with the question of inter se seniority between the employees in the Control Stream and those in the Traffic Stream. As mentioned earlier, there are several grades and scales of pay prevailing in each of these streams. It will be helpful to tabulate them here for convenient reference: JUDGEMENT_641_SUPP1_1990Html1.htm
(3.) THE zone of consideration of the employees for promotion is fixed in the order of the combined seniority of the employees from the different streams. In each of the streams, seniority depends on the grade. Normally, employees working in a higher grade on a regular basis are senior to those working in the lower grade. To illustrate, the highest Group C grade was Rs. 450-575 followed by the grades Rs. 370-475, Rs. 335-485, Rs. 335 425 And so on. (We are referring here to the old pay scales which have since been revised) THE employees working in the grade Rs. 450-575 were therefore placed on the top followed by those in the grades of Rs. 370-475, Rs. 335-485 and Rs. 335-425. This principle for determination of inter se seniority worked very well till 31-12-72 as the higher scale of pay in both the streams was the same. According to the department, it became difficult to follow this principle when, consequent on the acceptation and implementation of the recommendations of the Third Pay Commission with effect from 1-1-1973, higher or lower scales of pay came to be fixed in respect of certain posts which were having the same scale of pay up to 31-12-1972. For example, the scale of pay of Rs. 450-575 held by Station Masters and Traffic Inspectors in the Traffic Stream up to 31-12-1972 was upgraded to the scale Rs. 700-900 with effect from 1-1-1973. On the other hand, in the case of Chief Controllers of the Control Stream, the same scale of Rs. 450-575 was replaced by a scale of Rs. 840-1040/1200. Similarly, in the case of Station Masters and Inspectors in the grade of Rs. 370-475 in the Traffic Stream. the replacement was by the scale of Rs. 550-750 while in the case of Deputy Chief Controllers on the scale of Rs. 370-475, the replacement scale was Rs. 700-900.. Thus the Control Stream gained an upper hand in the matter of seniority and, consequently, of promotions. In an attempt to restore some balance and parity between the employees of the different streams, the Railway Board issued certain instructions on 26/10/1976. As per these instructions, the inter se seniority of the staff working in the grade of Rs. 700-900 and the grades above it in the different streams was to be based on the total length of service rendered ' by an employee in all the grades. This did not satisfy all sections of the staff and difficulties were also experienced in applying the instructions. For example, a Deputy Chief Controller, who had been in the grade of Rs. 370-475 up to 31-12-1972 and Was placed on Rs. 700-900 from 1-1-1973, gained an advantage over his colleagues in the other stream viz. the Station Masters and Traffic Inspectors. The matter was therefore reconsidered and modified instructions were issued on 11-7-1977. According. to these instructions, for purposes of drawing out the combined seniority of Group C employees from different streams, the services rendered in the top-most scale in one stream would be considered equivalent to the service rendered in the top-most scale in the other streams, even though the top-most scale in the two streams might be different. This rule also produced anomalies. For example, if in one stream, the top-most scale was Rs. 700-900, in another Rs. 550-750 and in yet another Rs. 840-1040, the length of service rendered in all these grades by the employees was stated to be the basis to determine the combined seniority. Thus an employee having ten years of service in the top-most scale of Rs. 550-750 in one stream would rank senior to another having slightly less than ten years of service in the top-most scale of Rs. 700-900 in another stream. The Department, therefore, issued revised instructions in August '78 /Feb. '79. As per these instructions, where the top-most scale prior to 1-1-1973 has been replaced by two different scales after l-1-1973, one higher and the other lower, service rendered in the lower scale will be notionally stepped up as if the service had been rendered in the higher scale. For example, the grade of Rs. 450-575 was replaced by Rs. 840-1040 for the Controllers and Rs. 700-900 for Station Masters and Traffic Inspectors. While drawing up the combined seniority, the service rendered in the grade of Rs. 700-900 by the Station Masters and Traffic Inspectors was to be treated as service rendered in the grade Rs. 340-1040. Similarly, the pre-revised grade of of Rs. 876-475 had given rise to two scales, namely, Rs. 700-900 and Rs. 550-750, and, in that case, the service rendered in the grade Rs. 550-750 was notionally treated as rendered in grade Rs. 700-900 for drawing up the combined seniority. This principle did. not work well either. It seems the circulars of 11-7-1977 and August78 were quashed by the Bombay High Court in W.P. No. 55 of 1980 by its order dated 14-12-1983 In the meantime, detailed consideration of the issue was undertaken in consultation with the federations of organised labour and it was finally decided that the combined seniority for purposes of Group B selection should be determined on the basis of the total length of service rendered by employees in any or in all the grades commencing from Rs. 700-900 and above and these instructions were issued on 5-3-1983. In January, 1984, further instructions were issued which, while maintaining the principles laid down on 5-3-1983, provided protection to senior employees, who got superseded in a stream for promotion to the higher non-gazetted grade in that stream. For example, if an employee in grade of Rs. 700-900 supersedes one of his seniors in promotion to the grade of Rs. 840-1040 within the stream, he would control the seniority of the employee whom he had superseded. Such a superseded employee would be put to hardship when the combined seniority is drawn up along with employees from the other stream for purposes of selection to Group B. In order to avoid the situation of a senior employee being subjected to such disability, instructions were issued on 6-1-1984 that an employee who supersedes his senior will be credited with the service of the senior whom he had superseded. Aggrieved by these experiments which, according to them, only resulted in chaos and confusion, 45 employees of the Control Stream filed W.P. 11704/85 when, on the issue of a list published by the administration on the basis of these instructions on 15-6-85, they found themselves excluded from the panel of tariff to be taken into consideration for promotion to Group B. They prayed that the circular of 6-1-84 and the follow-up action culminating in the Selection List be also set aside.;