K.K. Srivastava, Member (A). - (1.) BOTH the above O.As. have been filed under Section 19 of the A.T. Act, 1985, challenging the panel of Passenger Guard (Grade Rs. 5,000-8,000) as declared by the Divisional Personnel Officer (in short DPO), Northern Railway, Allahabad, raising similar issue and, therefore, have been heard and are being decided by a common judgment. The leading O.A. being O.A. No. 829 of 2001.
(2.) In O.A. No. 829 of 2001 the applicants have prayed for quashing the panel dated 5.7.2001 and have further sought a direction to the respondents to appoint the applicants on the post of Passenger Guard from the post of Senior Goods Guard, on which the applicants are presently working by applying the principle of recruitment by transfer from one post to another, considering only their suitability, as it does not involve any promotion at all. The applicants in the alternative have also sought a direction the respondents No. 1, 2 and 3 to appoint the applicants and other Senior Goods Guards working in the pay scale of Rs. 5,000-8,000 to the post of Passenger Guard on the basis of their seniority subject to rejection of unfit. In short the case of the applicants is that all the applicants were initially appointed as 'Goods Guard' in the pay scale of Rs. 1200-2040 (since revised to Rs. 4500-7000) between the period of 1976 to 1984. Prior to Fifth Pay Commission recommendations came into force with effect from 1.1.1996, the channel of promotion of 'Goods Guard' is to the post of 'Passenger Guard' (Rs. 1350-2000) by selection method and then to the next post of 'Mail Guard' (Rs. 1400-2600) by non-selection method. However, with the endorcement of Fifth Pay Commission recommendations w.e.f 1.1.1996, the post of Senior Goods Guard, was created in the pay scale equivalient to the post of Passenger Guard and 20% of the post of Goods Guard were placed in the higher scale of Senior Goods Guard/Passenger Guard i.e. Rs. 5000-8000. Similarly, in the next higher scale of Rs. 5500-9000 the post of Senior Passenger Guard was created which was in the equivalent pay scale of 'Mail Guard' and the same was also to the extent of 20% of the total number of posts of 'Passenger Guard.' The applicants claimed to have been promoted on the post of 'Senior Goods Guard' in the scale of Rs. 5000-8000 on various dates in the year 1996. After implementation of the aforesaid new pay scale channel of promotion (revised 'A', 'B' and 'C') communicated by the General Manager, Baroda House, New Delhi, vide its letter dated 6.3.1999, wherein following hierarchy was provided: JUDGEMENT_287_TLCA0_20030.htm Aforesaid revised channel of promotion nowhere provides that Senior Goods Guard working in the scale of Rs. 5000-8000 would be required to undergo selection method alongwith 'Goods Guard' working in the scale of Rs. 4500-7000 for the purpose of being posted to the post of 'Passenger Guard.' The applicants claimed that since the date of their promotion as 'Senior Guard' they are continuously being required to ran 'Passenger Train' for the last several years and in respect of some of the applicants i.e. applicants No. 5, 6, 8, 14 and 15 detailed duty chart of various period has also been annexed as Annexures 8, 9, 10, 11, 12 and 13 to the Compilation II of the O.A., showing that they are continuously running Passenger and Mail Train for the last several years. It has also been claimed that posting from the Senior Goods Guard to Passenger Guard does not involve any advantage in the matter of pay fixation as well as there is no change in respect to nature of duties or responsibilities etc. In the past the respondents have always posted Senior Goods Guard on the post of Passenger Guard strictly in order of seniority and at no point of time there has been any deviation on this count. It is stated that vide notification dated 27.4.2001 thirty vacancies of Passenger Guards in the pay scale of Rs. 5000-8000 were notified, required to be filled in by promotion from the Goods Guard on the basis of selection. The requisition does not require selection process for Senior Goods Guard for posting them as Passenger Guard. A Selection Committee was constituted consisting of three members namely Sri R.S. Chauhan, Divisional Operating Manager, Sri C.D. Lal, Senior Mechanical Engineer and Sri Sudama Ram, Divisional Personnel Officer, who are officers of Senior Scale although for promotion in the scale of pay of Rs. 5000-8000, it is claimed that the Selection Committee should have consisted of the officers of Junior Administrative Grade. The total number of 80 persons were called for interview. On 28th and 29th May, 2001 interview was held by the aforesaid Selection Committee and 49 candidates were interviewed. Thereafter on 6.6.2001 one of the members of the Selection Committee namely Sri Sudama Ram, D.P.O. was transferred and in his place Sri Ganga Ram, D.P.O., interviewed rest of thirty candidates alongwith other two members of the Selection Committee on 13.6.2001. In all 79 candidates appeared for interview. Sri C.D. Lal one of the members of the Selection Committee was going to retire on 30.6.2001 and hence respondents No. 2 and 3 acted with undue haste and published the panel on 5.7.2001, wherein 20 candidates have been declared to be selected for appointment to the post of Passenger Guard in the pay scale of Rs. 5000-8000, wherein 23 are already working as Senior Goods Guard and two are working as Goods Guard. The persons included in the Panel superseded a large number of senior persons and aggrieved against the aforesaid panel O.A. has been filed. The facts disclosed in O.A. No. 859 of 2001 are also similar.
(3.) IT is also stated that Selection has been held arbitrarily and in discriminatory manner in as much as the candidates who have outstanding record and were awarded several reward etc., have not been selected while the candidates who were even undergoing punishment, as a result of disciplinary proceedings have been found to be meritorious enough for being included in the panel.;