- (1.) BY aforesaid writ petitions, the Union of India and its officers have challenged the judgment and order dated 26.11.2010 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 886 of 2004 Raj Kumar and Ors. v. Union of India and Ors. and Original Application No. 508 of 2006 - Devendra Kumar Singh v. Union of India and Anr. Both the original applications have been decided together by the Tribunal by the said common judgment and order dated 26.11.2010.
(2.) SINCE the issue involved in both the writ petition is identical, therefore, both the petitions are decided together by this common judgment. The private Respondents of both the writ petitions were applicant before the Tribunal. They have filed said applications with the allegations that they were functioning as Engine cleaners in Lucknow Division of the North Eastern Railway. When the Railways switched over from steam engine to diesel, all such engine cleaners were rendered surplus and with a view to redeploying them, certain policy decisions had been taken by the Railway Board, wherein such cleaners were to be imparted certain training in Diesel Shed and the System Technical school. The General Manager, North Eastern Railways had issued necessary instructions to all the Divisional Railway Managers (D.R.Ms) coming under him in this regard and it was the case of the applicants that the training in respect of all other divisions lasted for 12 months -six months at Diesel Shed, Gonda and six months at System Technical School at Gorakhpur, in so far as the applicants and others in the Lucknow Division are concerned, they were imparted training only for a period of six months which was totally inadequate consequent to which, though they participated in the written examination conducted by the Railway recruitment Board for selection to the post of Diesel Assistant, they could not pass. It was further the case of the applicant/private Respondents that even the selection was not conducted as per the Rules, as such they had challenged the conducting of the examination in pursuance of the notification of the Railway Recruitment Board and asked for quashing the same with a further prayer that the applicants/private Respondents should be considered for appointment to the post of Diesel Assistant. Yet another grievance of the applicant was that when they were rendered surplus instead of keeping them in the Mechanical Department, some of them were shifted to other units in Group D post, which has reduced their promotion prospects of becoming Diesel Assistant.
(3.) THE grounds of challenge include mainly the fact that there has been hostile discrimination in as much as whereas all the other divisions followed strictly the instructions of the General Manager, North Eastern Railway, it is only the Lucknow Division which ignored the same and conducted the examination without conducting the training for full tenure of twelve months.;