ASHWANI KUMAR MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI A.K. Malhotra now working as Chief Personnel Officer, Eastern Railway, Calcutta has filed this application challenging fixation of his seniority in the cadre of Indian Railway Service of Mechanical Engineering vis-a-vis SHRI R. Khosla, respondent No. 3, now working as Chief Personnel Officer, Western Railway, Churchgate, Mumbai. He has prayed for the following reliefs:

(2.) The brief facts giving rise to the filing of this case are as follows: The applicant was selected by the UPSC for appointment to Indian Railway Service Mechanical Engineer Officers 1973 examination (direct batch). On being qualified he was appointed to the post of AME (Probationer) w.e.f. 21.10.74. During the course of his employment he got several promotions and at present working as CPO, Eastern Railway, Headquarters, Calcutta. According to rules, for direct recruitment to the Indian Railway Service of Mechanical Engineer Group 'A', two methods are applied, i.e. 50% through combined Engineering Services Examination for Graduate Engineers; and the rest 50% through the Special Class Railway Apprenticeship (SCRA) examination. An appointee (sic) Special Class Railway Apprentice has to undergo practical and theoretical training for a period of 4 years at the Indian Railway Institute of Mechanical and Electrical Engineering, Jamalpur. As per rules, Special Class Railway Apprentices have to pass either Part-I and Part II of CEI (London) or Sections A and B of the AMIE (India) Examination within the said period of 4 years. Additionally, such Apprentices are also required to pass the examination conducted by the said Institute at Jamalpur. After passing of the examination such Apprentices are appointed as Probationers in the Indian Railway Service of Mechanical Engineers (IRSME). In other words, clearance of all the papers of Sections A and B of the AMIE (India) or Part I and Part II of CEI (London) is mandatory for appointment in the IRSME. In this regard, the Ministry of Railways (Railway Board) issued instruction in April, 1970 regarding the date of appointment as a probationer of the apprentices who fails to pass the aforesaid examination within the period of 4 years. According to the said instruction dated 10.4.70 (Annexure-A) such apprentices get another extended year for passing such examination, otherwise their appointment is liable to be terminated.

(3.) THE case of the applicant is that in the Classified list of Gazetted Establishment of Indian Railways of 2000, the applicant was placed above Shri Khosla on the ground that the applicant passed the examination within the first 4 years, whereas the respondent No. 3 even though his senior, having been appointed in much earlier batch, could only clear the examination in full in the year 1975. In fact, Shri Khosla (1969 batch) was placed above one Shri G.N. Asthana and below Shri Girish Kumar and 8th position below the applicant (1973 batch) in seniority. THE applicant came to know from the Classified List of Gazetted Establishment of Indian Railways of 2005 that Shri Khosla's position was elevated above one Shri Kaushal Kishore and below Shri H.C. Joshi and in fact he jumped 19th position above in seniority and thereby became much senior to the applicant although he was earlier shown as junior to the applicant. According to the applicant, the upgradation of the seniority position of respondent No. 3 was contrary to the Railway Board's instruction dated 10.4.70 referred to earlier. In fact, the sole case of the applicant is that since respondent No. 3 could not pass the requisite examination within the first four years of his probation and could only complete his examination in March 1975, i.e. even after the extended period of one year (5th year), whereas he (the applicant) having passed the requisite Examination in full earlier and within 4 years term, he ought to have been placed as senior to respondent No. 3 as was done in the 2000 Estt. Classified List. He made representations against depression of his seniority position but to no avail.