SINGH - (1.) BY means of these petitions under Art. 32 of the Constitution the petitioners claim relief for quashing Railway Board's Circular/letter No. E(NG) I/69/PMI-180 dated 2/07/1970 and No. E(NG) I-80-SR6-39 dated 28/11/1981. They further claim relief for the issue of writ in the nature of mandamus restraining the respondent, Railway Authorities, from altering or issuing seniority list in pursuance of the Railway Board's Circular dated 28/11/1981 and to maintain the previous seniority list issued in 1968 for the purpose of promotions, confirmation and further advancement.
(2.) IN the INdian Railways, initial recruitment of Train Examiners, used to be made in the entry Grade D in the pay scale of Rs. 100-185. Prior to 1/04/1966 recruitment to Grade D of Train Examiners was made from two sources (1) by promotion of skilled artisans working in the lower grade, (2) by direct recruitment of apprentices having completed prescribed four years' training. 50 per cent of the vacancies were filled by apprentices while the remaining 50 Per Cent of the vacancies used to be filled by promotion of skilled artisans. Promotion from entry Grade D was made to next higher Grade C of Train Examiners in the pay scale of Rs. 150-225 and later these grades were revised and the scale of D Grade was raised to Rs. 180-240 and that of C Grade to Rs. 205-280. Promotion to Grade C used to be made on the basis of seniority-cum-suitability without any distinction of promotee or direct recruits. Because there was increase in the work load of Train Examiners the Railway Board took steps to re-organise the cadre of Train Examiners. With that end in view, it issued a notification on 27-10-1965 which directed that vacancies in the entry grade of Train Examiners in the scale of Rs. 120-140 should not be filled from apprentice Train Examiners up to 50 per cent as hitherto, but should exclusively be filled by prmotion of skilled artisans. It further provided that vacancies in the next higher Grade C (in the scale of Rs. 205-280) should be filled from amongst the Train Examiners working in the grade of Rs. 180-240 to the extent of 20 Per Cent . The remaining 80 per cent vacancies were to be filled by direct recruitment of apprentice Train Examiners who may have successfully completed prescribed training. Paragraph 2 of the notification provided that the apprentice Train Examiners recruited on or from 1-4-1966 shall be given training for a period of 5 years and from the same date artisans recruited in the lower grade as apprentice Train Examiners shall be given 'in service' training for a period of three years. The circular upgraded 50 Per Cent of the existing posts of Train Examiners from Grade D to Grade C in the scale of Rs. 205-280 which were earlier earmarked for Apprentice Train Examiners. The notification further directed that with effect from 1-4-1966 all the apprentice Train Examiners on successful completion of their training should be straightway brought to the scale of Rs. 205-280 instead of being first absorbed in the scale of Rs. 180-240 as was being done prior to the issue of the notification. Apprentice Train Examiners who were undergoing training on the date of the issue of notification were directed to be brought to the working posts before 1-4-1966 and they were allowed stipend in the scale of Rs. 180-240 during the period of their training and their period of training was increased from four years to five years. On the completion of the training they were straightway posted in Grade C in the scale of Rs. 205-280. Those apprentice Train Examiners who had already been or may be absorbed in the scale of Rs. 180-240 up to 3l-3-1966 were directed to be accommodated first in the scale of Rs. 205-280 in Grade C against the quota of 80 Per Cent vacancies reserved for them, and they were not required to undergo selection before being absorbed in that grade. The effect of the Railway Board's Circular dated 27/10/1965 was that the existing apprentice Train Examiners who had already been absorbed in Grade D by 31/03/1966 were, first accommodated in Grade C against 80 Per Cent of the vacancies reserved for them without undergoing any selection, while 20 Per Cent of the vacancies reserved for the departmental Train Examiners were to be filled by artisan promotees by selection and not on the basis of seniority-cum-suitability. Although apprentices as well as artisan promotees constituted one integrated class in Grade D but promotee artisans were treated differently for promotion to Grade C. Roshan Lal Tandon who was promoted from artisan class to Grade D, filed a writ petition in this Court challenging the validity of the notification dated 27-10-1965 on the ground that a part of the notification which gave favourable treatment to apprentice Train Examiners was violative of Articles 14 and 16 of the Constitution. In that writ petition a Constitution Bench of this Court on August 14, 1967 in Roshan Lal Tandon v. Union of India, (1968) 1 SCR 185: ( AIR 1967 SC 1889) held that artisans and apprentices recruited from two sources to Grade D were integrated into one class and no discrimination could thereafter be made in favour of recruits from one source as against the recruits from the other source in the matter of promotion to Grade C. Apprentice Train Examiners who were recruited directly to Grade D as Train Examiners formed one common class with the skilled artisans who were promoted to Grade D as Train Examiners and thereafter no favoured treatment could be given to the apprentice Train Examiners merely because they were directly recruited as Train Examiners, no discrimination could be made against the latter merely because they were promotees. The Court emphasised that once the direct recruits and promotees are absorbed into one cadre, they formed one class and they could not be discriminated for the purpose of further promotion to higher Grade C. On these findings the Court allowed the writ petition and issued a mandamus directing the Railway Board not to give effect to the impugned part of the circular which was as under:- "The Apprentice T.X.Rs. who have already been or will be absorbed in scale of Rs. 180-240 up to 31-3-1966 should first be accommodated in scale of Rs. 205-280 against the quota of 80 Per Cent vacancies reserved for them. Such staff should not be required to undergo a 'Selection' before being absorbed in that grade. The upgraded vacancies in scale of Rs. 205-280 left over after earmarking those for the apprentices under training on 2-4-66 should be filled by promotion of T.X.Rs. in scale of Rs. 180-240 on a selection basis. While computing the number of posts available for promotion of T.X.Rs. in scale of Rs. 180-240 the vacancies likely to occur during the period of apprenticeship of the apprentices under training as on 1-4-1966 should also be taken into account. In other words, it would be necessary to keep in reserve only the number of posts equal to the number of apprentices under training as on 1-4-1966, who cannot be absorbed in the anticipated vacancies which will arise by the time they qualify." The Railway Board with a view to implement the decision of this Court and to remove the anomaly which had been pointed out by this Court issued circular/letter No. N(NG) 65 PM1/86 dated 13-9-1968 Annexure III to the affidavit filed on behalf of Respondent Railway Administration. Paragraph 1 of the letter refers to this Court's judgment in Roshan Lal Tandon's case and also to that portion of the Railway Board's Circular dated 27/10/1965 which had been struck down by the Court and the interim orders issued by the Court restraining the Railway Authorities from implementing the Circular dated 27/10/1965 during the pendency of the writ petition. Paragraphs 2 and 3 of the Circular dated 13/09/1968 stated that in view of the judgment of the Supreme Court the Board have decided that vacancies in the grade of Rs. 205-280 after taking into account the upgrading of 50 per cent of posts in the scale of Rs. 180-240 to 205-280 less the number of posts required for absorbing Apprentice Train Examiners undergoing the enhanced period of training of five years on 1/04/1966, should be filled by selection from amongst Train Examiners in the scale of Rs. 180-240 as on 31/03/1966 irrespective of whether they were initially recruited as Apprentice Train Examiners or were promoted from lower grades. The Board desired that Railway Administrations should take immediate steps to ensure that proper selections are held for which all TXRs in scale of Rs. 180-240 are considered. It had come to Board's notice that prior to the issue of the stay order, persons originally recruited as Apprentice Train Examiners who were in the scale of Rs. 180-240 have been promoted to the grade of Rs. 205-280 in pursuance of Board's letter dated 27-10-1965. The Board decided that in view of the Supreme Court's judgment, such promotions should be treated as null and void and the vacancies should be properly filled as mentioned in para. 2 of the circular.
(3.) THE Railway Board issued another Circular No. E(NG)i/69/PM1-180 dated 2/07/1970 laying down procedure for filling of posts of Train Examiners and upgradation of posts. It directed that vacancies arising in Grade C after 1-4-1966 to the extent of 50 Per Cent shall be maintained in that grade and the remaining 50 Per Cent shall be down graded to the scale of Rs. 180-240 to be filled by promotion of skilled artisans. It further directed that 50 Per Cent of the vacancies in Grade C should be filled by direct recruitment of apprentice Train Examiners with five years' training to the extent of 80 Per Cent thereof and the remaining 20 Per Cent by promotees from Grade D as laid down in paragraph 1 of the Railway Board's Circular dated 27-10-1965. This procedure was directed to be followed till the cadre position was normalised and the excess in the Grade of Rs 205-280 were eliminated. Paragraph 2 of the circular further directed that those promoted to Grade C in the scale of Rs. 20-5-280 as on 1/04/1966 will be assigned seniority amongst themselves in the order of their inter se seniority in Grade of Rs. 180-240 for the purposes of confirmation in that grade and also for further advancement and they will rank senior to those recruited as apprentice Train Examiners with five years training and appointed after 1-4-1966 in the Grade of Rs. 205-280. THE result of the circular was that all those promotees who had been appointed to Grade D prior to 1-4-1966 stood absorbed in Grade C and they were granted seniority in that Grade with retrospective effect viz. with effect from 1/04/1966. Later the Railway Board took a policy decision to abolish the entry Grade D of Train Examiners in the pay scale of Rs. 180-240, and in order to implement that decision it issued circular/letter No. PC-69-PS-5/TR-1, New Delhi dated 30/10/1972, abolishing the entry Grade D of Train Examiners and placing the incumbents of that Grade en masse in Grade C in the scale of Rs. 205-280 with effect from 1-11-1972. Paragraph 2 of the circular directed that the pay of the staff brought from Grade D (Rs. 180-240) to Grade C (205-280) will be fixed under Rule 2017 A (III) read with Rule 2019 II. As all the incumbents of Grade D in the scale of Rs. 180-240 placed en masse in the higher grade C in the scale of Rs. 205-280, a provisional seniority list of Grade C Train Examiners working in Delhi Division was prepared on 16/11/1981. In that seniority list petitioners were shown (sic) to some of the respondents as the seniority was not determined in accordance with Rule 302 of the Railway Establishment Manual. This seniority list was not prepared in accordance with the prescribed criteria as had been done in other divisions. The Railway Board issued a Circular No. E(NG) 1-80-CR6-39 dated 28-11-1981 directing that Delhi Division should also fall in line with other divisions of Northern Railway and the seniority of the Train Examiners appointed between 1-4-1966 to 1-11-1972 should be prepared in accordance with the existing practice viz. on the basis of the date of appointment in particular grade. In pursuance to that direction seniority of Train Examiners of Grade C placed in that Grade between 1-4-1966 to 1-11-1972 was published in 1981 by the authorities of the Delhi Division of Northern Railway. After inviting objections, the seniority list was finally published in December, 1982. In that seniority list the petitioners were shown junior to Respondents Nos. 5 to 10, who were placed above the petitioners. Aggrieved the petitioners have challenged the validity of the seniority list also by raising additional grounds in the writ petitions.;