D.G.R.PATNAIK, J. - (1.) THE short question which calls for determination in this writ application is, whether placement of the respondent in the post of Khalashi Helper from the post of Trolley Shed Khalashi in the same group -D constitutes promotion in terms of the Railway Board's Assured Career Progression Scheme for the Railway Servant?
(2.) THE respondent / applicant who is a Railway servant had moved the Central Administrative Tribunal for issuance of a direction to the petitioner, S.E. Railway, to consider his case for financial upgradation under the ACP Scheme and for a direction to extend the benefit of two financial upgradations with retrospective effect, as also to consider his claim for regular promotion to the post of Fitter Grade -III on the ground that he had put in more than 9 years of service in that post. The grounds on the basis of which the respondent / applicant had moved the Tribunal are, He is a Khalashi Helper working at Hatia Railway Station. He was originally recruited as casual labour in the year 1970 and was regularized as Khalashi on 14.9.1982. Thereafter, he was given ad -hoc promotion of Fitter Grade -III where he worked for 9 years, but despite such long period of service, he was reverted to the post of Khalashi Helper on 17.6.2002. Thus, three fold claim of the respondent as placed before the Tribunal was that (I) his employer should grant him regular promotion to the post of Fitter Grade -III considering the regular 9 years of service to the said post; (ii) that his employer should determine his seniority on and from 24.10.1970, which according to the respondent, was the date of his initial appointment; and (iii) to give him promotion / upgradation under the ACP Scheme on that post with all consequential benefits thereon, The basis of his claim for financial upgradation is the Railway Board Circular vide RBE No, 233/99 dated 1.10.1999 and its corresponding notification dated 21.1.2000, a copy of which has been annexed by the petitioner in the present petition as Annexure -1.
(3.) THE petitioner had contested the prayer of the respondent Railway servant before the Tribunal contesting that the applicant was not entitled to relief(s) claimed on the ground that the applicant became a regular Railway employee on 15.9.1982 on which date when he was absorbed as Trolley Shed Khalashi and the services put by him prior to 15.9.1982 as a casual labour, cannot be considered for any financial upgradation benefit. It was further contended by the petitioner that the applicant was granted first promotion as Khalashi Helper with effect from 6.04.1989 i.e. within 12 years of his absorption in the regular cadre and, therefore, he could be entitled to a second financial upgradation only after completing a total period of 24 years of service. As regards the third claim, the contention of the petitioner was that the applicant was only deputed / appointed to officiate as mechanic Fitter Grade -III purely on ad -hoc basis and was transferred to Railway Electrification Department, Ranchi without conferring any upgradation right to claim for promotion on seniority in the open line and on completion of the work in the Electrification Department, he was reverted to his substantive post of the parent department at Adra Division and as such, he does not have any right to claim promotion to Fitter Grade -III in the open line since such promotion was subject to passing of the trade test.;