- (1.) The petitioners have challenged the order dated 28.11.2001, Annexure P-3, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as "the Tribunal") whereby the Original Application filed by them was declined.
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(3.) The petitioners are working as Electrical Signal Maintainer (for short "ESM") either in Grade-I or Grade-II. On 23.5.1996, a circular was issued for selection to the post of Signal Inspector Grade-III against 20% Intermediate Quota. Applications were invited for three post of general category and one post of Scheduled Caste form the candidates who are Electrical Signal Maintainer/Mechanical Signal Maintainer who are matriculates, below the age of 45 years and had completed three years of service as on 30th April, 1996 in the pay scale of Rs. 950-1500. It may be noticed that 40% posts of Signal Inspector Grade-III are required to be filled by direct recruitment and 40% by promotion by selection from Maintainers in the immediate lower grade. Balance 20% is to be by induction of Intermediate Apprentices from amongst Maintainers possessing the requisite qualification in terms of Rule 147 of the Indian Railway Establishment Manual, Volume I (hereinafter to be referred as "Railway Manual"). The said qualification reads as under : "SIGNAL INSPECTORS 147. (1) The vacancies in the category of Signal Inspectors Grade III in scale Rs. 1400-2300 will be filled as under : (i) 40% by direct recruitment through the Railway Recruitment Board, (ii) 20% by induction of Intermediate Apprentices from amongst Maintainers possessing the qualification of Matriculation with three years service and below 45 years of age; and (iii) 40% by promotion by selection from Maintainers in the immediate lower grade." It is the case of the petitioners that the post of Signal Inspector Grade-III is a selection post and Rules 215 and 219 of Chapter II of the Railway Manual regulates the selection process. Rule 211.3 defines 'selection posts' as post, grade or class which has been declared as such by the Railway Board and to which promotion is made on the basis of a positive act of selection as per procedure in force for filling up the selection post. Rule 215 deals with the attributes of the selection post. The relevant extract from Rule 215 reads as under : "215. Selection Post. (a) Selection post shall be filled by a positive act of selection made with the help of Selection Boards from amongst the staff eligible for selection. The positive act of selection may consist of a written test and/or viva-voce test; in every case viva-voce being a must. The staff in the immediate lower grade with a minimum of 2 years service in that grade will only be eligible for promotion. The service for this purpose will include service if any, rendered on ad hoc basis followed by regular service without break. The condition of two years service should stand fulfilled at the time of actual promotion and not necessarily at the stage of consideration. (b) The selection for promotion to a selection post shall be made on the basis primarily of merits. (c) to (f) xx xx xx xx xx" The above Rule would show that selection for promotion to a selection post is to be made on the basis primarily of merits. The procedure required to be adopted by the Selection Board is contained in Rule 219 of the Railway Manual. The relevant clauses of Rule 219 are (g), (i) and (j) which read as under : "219. Procedure to be adopted by Selection Board. (a) to (f) xx xx xx xx (g) Selection should be made primarily on the basis of overall merit, but for the guidance of Selection Board the factors to be taken into account and their relative weight are laid down below : JUDGEMENT_196_LAWS(P&H)4_2008_1.html;