By Shri Kumar Rajesh Chandra, AM
1. Heard.
2. Briefly stated facts of the case are that the applicants were recruited as per Direct Recruited Quota (DRQ) as a Commercial Apprentice (CA) Graduate Level. After completion of two years training, they were to be given seniority as per overall merits and posted as Commercial Inspector (CI), as per the master Circular 34 paragraph 3(a). The present applicants only prayed that RBE’s and Master Circular Para 34 3(a) issued by the Union of India/Railway Board may be complied with by the SECR Bilaspur and given seniority/inter-se-seniority for the post of Commercial Inspector (CI) from the initial posting. The respondents also admitted it. The respondents did not act as per above mentioned paragraph no. 01 and without giving common seniority, posted the candidates recruited on the different posts as CCC, CS, CCS, CI, CCI. Hence the present applicants filed representations before the respondent authority. The respondents rejected the representation of the applicants so they filed O.A./203/650/2021 before this Tribunal which was decided on 17.09.2021 with directions to the respondents to consider the representations of the applicants as per law. Thereafter, the representations of the applicants were decided and rejected by the respondents. Now the present O.A. has been filed by the applicants on the Grounds of RBE, Master Circular and RBE’s complied by other Railway Zones and Divisions. The applicants relied upon the judgment of the Supreme Court in the matter of Union of India vs Munshi Ram wherein it has been held in its Para 07 & 08 that it cannot be disputed that employees working in different Divisions/Zones in the Railways are under the very same employerRailway Board which is under the Ministry of Railways. There are 16 Zones and 68 Divisions in the Railways. Therefore, the employees working under the same employer-Railway Board working in different Zones/Divisions are required to be treated similarly and equally and are entitled to similar benefits and same treatment. The paragraph No. 08 held that there cannot be discrimination amongst the similarly situated. The applicant has also attached the order or the Railway Board dated 12.09.2022 regarding the Rules regarding seniority of non-gazetted Railway Servants.
3. The respondents have filed their reply in which it has been submitted by the respondents that they have issued Annexure A/1 in compliance of the order dated 17.09.2021 passed by this Tribunal in O.A./650/2021. The selected candidates after successful completion of training are posted against the available vacancies in the cadres of commercial inspector, Claims Inspector, Rates Inspectors, Chief Booking/Parcel/Goods Clerk and their seniority are being determined in the respective cadres. The master Circular no. 34 (Annexure A/5) provides that the seniority among incumbents of a post in a grade is governed by the date of appointment to the Grade. Applicants themselves admitted in Para 4.1 that their seniority is being maintained in accordance with working post, separately with respect to date of assuming charge to working post. The respondents further submitted that the applicants have brought the RTI related factual position of formation of cadre of commercial inspector in Central Railway or erstwhile Divisions of Central Railway i.e. Bhopal or Jabalpur. That Central Railway did not have separate cadre of Commercial Inspectors before issuance of Railway Board’s Circular RBE No. 28/2018 and this was part of cadre of Commercial Clerks. However, after merger of Ticket Collector/Commercial Clerk/Enquiry-cum-Reservation Clerk and discontinuance of the element of 25% Commercial Apprentice’s quota from the post of Chief Commercial-Cum-Ticket Clerk in Level-6 after revising Cadre structure and staffing pattern due to merger of posts of TC, CC & ECRC, it was realized by Central Railway to have separate Cadre of Commercial Inspectors and accordingly they formed separate Cadre of Commercial Inspectors, by carving it out from Commercial Clerks. Whereas SEC Railway is having separate Cadre of Commercial Inspectors from the very beginning and accordingly posting is done in the Cadre as per Provisions of Indian Railway Establishment Manual as well as AVC.
4. The applicants have also filed Rejoinder to the Reply filed by the respondents, wherein the applicants have negated the submissions made by the respondents in their Reply while reiterating their stand as already taken in the Original Application.
5. The additional reply filed by the respondents is also taken into consideration wherein the submissions made by the applicants in their rejoinder are refuted.
6. Heard learned counsel for the parties and perused the pleadings annexed herewith the original application. The orders relied upon by the counsel for the applicant during the time of final arguments is also taken into consideration.
7. The respondents have decided the representations of the applicants by passing a reasoned and speaking order by placing reliance on the Railway Board circular RBE No. 28/2018 dated 22.02.2018 and the order of this Tribunal passed in O.A./203/650/2021 had been complied.
8. Learned counsel for the respondents submitted that recently, Railway Board has issued Circular dated 28.06.2023, wherein, it has been observed as under:
“The matter regarding continuation of DR intake of Commercial Apprentices/Inspector has been examined in consultation with the Commercial Directorate and the two recognized Federations (AIRF & NFIR), and it has been decided that the Commercial Inspector category may be merged with the Chief Commercial-cum-Ticket Supervisor.
It has further been decided that the posts in Level-5 will be filled entirely by promotion. 15% of vacancies of Chief Commercial-cumTicket Supervisor in the level 6 will be filled by Direct Recruitment, 10% thereof by LDCE, and 75% by promotion. Accordingly, the revised AVC of the merged cadre of TC, CC and ECRC is attached as Annexure A.
In terms of this Office letter No. E(CG)I-2016/PM1/12(Pt.) dated 05.04.2019, all three seniority of groups of TC, CC and ECRC be maintained separately for existing employees. Merger into a common seniority and common functionalities will take place for future intake in the cadre.
It is in the realm of policy of Govt. of India, Ministry of Railway (Railway Board).
Here, it has been clearly mentioned in the last para of the circular that all three seniority of groups of TC, CC, ECRC be maintained separately for existing employees and the merger into a common seniority and common functionalities will take place for future intake in the cadre.
9. In the light of the circular of Ministry of Railways (Railway Board) dated 28.06.2023; this Original Application is dismissed being devoid of any merits. No order as to costs.
