S KANNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants in this original application working as Diesel Assistants in DSL Trichy Division have sought the following reliefs:

(2.) The applicants who joined as Khalasi in Trichy Division of the southern Railway during period 1980-89 and working as Technician Grade-III/Khalasi Helpers went through selection process to the post of Diesel Assistants in the scale of pay of Rs. 3050-4590 in 1998 and they were selected and empaneled for the post of Diesel Assistants. They gave Trichy Division as the first preference but the applicants 1 to 5 were posted to Chennai Division and the remaining ten applicants (6-15) were posted to Palghat Division, ignoring the preference of the applicants. They were assured that they will be re-transferred to Trichy Division as soon as soon as vacancies became available. Therefore the applicants carried out the orders, joining Chennai and Palghat Division in May-October 1999. As the expected re-transfer to Trichy Division did not materials in two or three months, and in accordance with the rules for inter-divisional transfer on request, all the applicants registered for re-transfer to Trichy Division during May-November, 1999. Such transfers are permissible under Rule 226 of the Indian Railway Establishment Code Volume-I and in terms of Para 312 of IREM (1989 Edition), the seniority of Railway servants transferred at their request from one Railway to another should be allowed below that of the existing confirmed, temporary and officiating Railway servants in the relevant grade in the promotion group in the new establishment irrespective of the date of confirmation or length of the officiating or Temporary service of the transferred Railway servants. According to Note-I in Para 312 of the IREM, the above provisions also applies also to cases of transfer on request from one cadre/division to another cadre/division on the same Railway.

(3.) THE second respondent circulated a provisional seniority list of Diesel Assistants of Trichy Division in December, 2003 wherein the applicants noticed that Shri Bangaru Gupta, the three promotional quota employees and 8 direct recruits who joined in the intervening period have all been placed above the applicants at SI. Nos. 146-157 whereas the applicants whose late joining at Trichy was caused by the administrative delay in their relief from Chennai/Palghat Divisions have been assigned a lower seniority position at SI. Nos. 158-172. As the delay in joining Trichy Division was not intentional but caused by the delayed relief by the Chennai and Palghat Divisions, the applicants submitted individual representations to the second respondent on 19.1.2004 against the lower seniority given to them but without any response so far.