Pattanaik, J. - (1.) Both these appeals are directed against a common judgment of the Central Administrative Tribunal, New Delhi dated 7-12-1990 disposing of the two suits filed before the sub-Judge, Delhi but stood transferred to the Central Administrative Tribunal in accordance with Section 29 of the Administrative Tribunals Act. The plaintiffs in both these suits who are the appellants herein have been working as Commercial Class III staff in the Grade of 260-430. The post of Enquiry and Reservation Clerk was in a higher grade of 330-560. The railway administration promoted the respondents to officiate as Enquiry and Reservation Clerk in the year 1978, though on ad hoc basis. The policy of filling up the post of Reservation Clerk has been changing from time to time. Prior to 1978, there was no direct recruitment to the post of Enquiry and Reservation Clerk and people from commercial side used to be posted as Enquiry and Reservation Clerk on optional basis by obtaining declarations from the employees that once they would be absorbed as Reservation Clerk they would not claim to go back to their original cadre, namely, commercial side. On the commercial category direct recruitment was made to the post of Junior Commercial Clerk in the pay scale of Rs. 260-430 and from that post promotion was being made to the post of Senior Commercial Clerk in the pay scale of Rs. 330-560 from which carde a further promotion was available as a Head Commercial Clerk in scale of pay of Rs. 425-640. On the reservation side, the Junior Commercial Clerks were being engrafted by way of promotion by obtaining their option and the declaration as already stated, in the post of Reservation Clerk having the pay scale of Rs. 300-560 and from the said post further promotion was available as Head Reservation Clerk. In accordance with the Railway Boards Circular dated 29-2-1964, the post of Enquiry-cum-Reservation Clerk was a selection post required to be filled up from amongst the staff who volunteered for absorption in the category from Commercial categories, namely, Ticket Collectors, T.T.Es, Goods, Luggage, Parcel and Booking Clerks with not less than 3 years' service and in making the selection, the railway administration was reqired to take into consideration the imperative need for having the Enquiry and Reservation Offices manned by smart persons of integrity who can maintain good public relations and whose record of service is unexceptionable. It was also indicated that there would not be direct recruitment to the posts of Enquiry-cum-Reservation Clerks but once staff from other commercial categories have offered for selection and have been drafted as Enquiry-cum-Reservation Clerks, they would seek further promotions in that cadre only. The relevant portion of the aforesaid circular is extracted hereinbelow in extenso:ii) The posts of Enquiry-cum-Reservation Clerks in grade Rs. 100-185(PS)/150-240(AS) will be "Selection" posts to be filled from amongst staff who volunteer for absorption in the category from Commercial categories, namely, Ticket Collectors, T.T.Es, Goods, Luggage, Parcels and Booking Clerks with not less than 3 years service. In making the selection, the Railway Administrations would, no doubt, take into consideration the imperative need for having the Enquiry and Reservation Offices manned by smart persons of integrity who can maintain good public relations and whose record of service is unexceptionable. iii) There will be no direct recruitment to the posts of Enquiry-cum-Reservation Clerks in the initial grade Rs. 100-185(PS)/Rs. 150-240(AS) but once staff from other Commercial categories have offered for selection and have been drafted as Enquiry-cum-Reservation Clerks, they would seek further promotions in that cadre only. They will, however, be eligible for higher grade posts of commercial Inspectors and above in the Commercial Department along with other eligible staff. Suitable adjustments in the channels of promotions may be made as necessary. iv) For purposes of promotion, all the Enquiry and Reservation Offices on a particular Railway shall be considered as one unit. 2. As the cadre is being re-oganised it will be necessry to give the existing staff, an option either to continue in the re-organised cadre as above or to return to their parent cadres. Accordingly, they may be given an option to indicate their choice. This will not, however, apply to the direct recruits."
(2.) The aforesaid Circular was revised by another circular dated 5-8-1976 for revitalizing the cadre of Enquiry-cum-Reservation Clerks and the said circular provided that 25% of the posts should be filled up by direct recruitment with the minimum educational qualifications for such recruitment being graduate. It was also stipulated that the women candidates should be favourably considered for absorption in the cadre. The said Circular of 1976 is extracted hereinbelow in extenso for better appreciation of the point in issue: The Board have had under consderation for some time past the question of revitalizing the cadre of Enquiry-cum-Reservation Clerks and its merger with the cadre of other Commercial Clerks. After careful consideration of various factors as well as the general set up obtaining at the more important Enquiry and Reservation offices on Railways, the Ministry of Railways have decided as under:- i) the entire cadre of ECRCs should be Headquarters controlled. However, the D.Ss may still continue to order transfer of staff in the lowest grade (Rs. 150-240 AS) in the normal course within the division with intimation to Headquarters. ii) 25% of the posts in the initial scale Rs. 150-240 (AS) 330-560(RS) should be filled up by direct recruitment. The minimum educational qualifications for such recruitment should be graduation. iii) Women candidates should be favourably considered for absorption in the cadre of Enquiry-cum-Reservation Clerks not only on promotion from other categories to the initial grade but also in the proposed recruitment quota.
(3.) In 1978, the railway administration took a decision that the Reservation offices in the four metropolitan cities of Bombay, Calcutta, Delhi and Madras should constitute a seniority unit separate from the rest of the Enquiry and Reservation cadre of the Railway and these units will have only women employees as Reservation Clerks. The existing quota of 25% by direct recruitment and 75% by selection from eligible staff was held not to apply to these units and all vacancies in the post of Enquiry-cum-Resevation Clerk were required to be filled up by the women staff available with the railway and then by direct recruitment of women candidates. The relevant part of the Circular of 1978 is extracted hereinbelow in extenso: "Sub:Employment of women as Reservation/Booking Clerks in the major Booking and Reservation Offices in Metropolitan Cities. Please refer to Board's letter of even number dated 28-4-1978 and confidential letter of even number dated 29-4-1978. The Ministry of Railways have since considered the points raised at the meeting of Chief Commercial Superintendents at Bombay on 13/14-6-78 and decided that you should immediately take action as follows to implement the Minister's directive. (i) The Reservation offices in the four metropolitan cities of Bombay, Calcutta, Delhi and Madras should constitute a seniority unit separate from the rest of the Enquiry and Reservation cadre on the Railway. It should be made clear that Government's intention is to have in this unit only women employees as Reservation Clerks and in due course as Supervisors. Male employees who volunteer to move out will be given full protection of the pay and grade both substantive and officiating in a non-fortuitous arrangement. Subject to vacancies being available they would also be given choice of the place of posting. (ii) Existing vacancies of Enquiry and Reservation Clerks and those likely to arise in the next one year by normal wastage or transfer of male volunteers, should be assessed immediately. (iii) The existing quota of 25% by direct recruitment and 75% by selection from eligible staff will not apply to this unit. All vacancies in the initial grade of Rs. 330-560 may be filled by volunteers from serving women staff of all categories on the Railway to the extent suitable candidates are available and the balance by direct recruitment of women. (iv) Volunteers from women staff in all categories on your Railway for working as Enquiry and Reservation Clerks Gr. 300-560 in the concerned metropolitan city, should be called immediately (even before the assessment of vacancies is finished) not later than 7th July, with last date for receipt of applications as 17th July. A test should be held by a Committee of Officers which should be over and the results made available by 31st July. Immediately thereafter they should be given training for a month (for which arrangements should be made in advance) from 10-8-78 to 9-9-78 after which they should be posted as Enquiry and Reservation Clerks and be in position by 15th September, 1978. (v) For the balance of vacancies, direct recruitment may be undertaken by the railway administration by issue of advertisements with the qualifications as already prescribed for direct recruitment of Enquiry and Reservation Clerks i.e., graduates. This advertisement need not await the selection mentioned in (ii) above or assessment of vacancies, but should be immediately issued by 7th July with last date for applications as 17th July and selections processed and completed by 31st July by which time the vacancy position will be known. They should be given training for 8 weeks from 7th August to 23rd September and successful candidates should be in position in the Reservation offices by 25-9-1978. Railways, who have already got panels from the RSC or are likely to get such panel shortly, should appoint the women candidates from those panel before resorting to direct recruitment. It should, however, be ensured that where the RSC selection has been a continued one, the men candidates higher in the merit orders are also accommodated in other Reservation Offices on your Railway. (vi) At the moment only the Reservation work will be entrusted to women Enquiry and Reservation Clerks. Each Reservation counter would have two staff - one a woman in charge of Reservation work and a Booking Clerk to issue tickets as is the procedure in the Churchgate Reservation Office of the Western Railway. Booking work in those offices may continue as at present. Note:The target dates laid down in (iv) and (v) above are outer limits. Any Railway Administration which is able to complete the work earlier, should do so. The General Manager's, the CCSs and CPOs should personally ensure that items (i) to (vi) above are completed and the Upper and Lower Class Reservations Offices in the metropolitan cities before 1st October, 1978. ;