LexS.B. SARKAR AND ORS. versus UNION OF INDIA AND ORS.
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) ~ - I ·.-.< - S.B. SARKAR AND ORS. v. UNION OF INDIA AND ORS. APRIL 30, 1990 [RANGANATH MISRA AND R.M. SAHA!, JJ.] Civil Services: Railways"'-South Eastem--Cadre of ASM/SM-- Restructuring of-Existence of separate cadresvrwr to 1983 and change over to combined system-Not the same thing-Authorities to grant promotional benefits to SMs who exercised option prior to 1983. In the South-Eastern Railway the cadre initially comprised of Assistant Station Masters at the bottom and the Station Masters at the top. Initial appointment of ASM was malle in the scale of Rs.360-540. The promotional ladder bifurcated into: (i) ASM to SM, and (ii) ASM to SM, both in the scale of Rs.425-640 \DOn-selection), and then Rs.455- A B c 700 (selection); before becoming one common source for promotion to D Deputy Station Superintendent/SM Rs.550-750 (non-selection) Rs. 700- 800 Station Superintendent (selection), and Rs.840-1010 Station Superintendent (non-selection). For movirg up the promotional ladder every ASM was required to opt if he would proceed on the channel of ASM to ASM, or ASM to SM. E Later, re-structuring was done in •c• and 'D' cadres in the scales, designation and percentage; in selection and non-selection posts. Two alternatives were framed described as alternative 'I' for the combined cadre, and alternative 'II' for the separate cadres; which were to be adopted by the respective zones depending on the prevailing cadre pattern. For ASM/SM two alternatives were provided to be adopted. by F the respective zones depending on whether the existing cadre was sepa- rate or combined. In alternative 'I' meant for the combined cadre SMs in the scale of Rs.425-640 and Rs.455-700 were designated as Deputy Station Superintendents and Station Superintendents in the scale of Rs.540-750 and Rs. 700-900 respectively. Pursuant to the re-structuring, the Chief Personal Officer issued a letter to the Divisional Manager, South Eastern Railway that it has been decided that alternative 'I' enunciated by the Board shall be followed on the said railway, and the existing system of calling for options from A~Ms for the post of SMs/ ASMs in the higher grade was being dispensed with seniority of staff lfi eacll grade· snalfbe de~r_mined on 813 • G 814 SUPREME COURT REPORTS [1990] 2 S.C.R. A the basis of non-fortutions service rendered in such grade. Since the aforesaid direction of the Chief Personnel Officer worked to the prejudice of numerous persons who had exercised their options to the promotional channel of Station Master, they approached the High Court ffrihunal by way of writ petitions /claim petitions but B without any success. Some of these disputes came up in appeal before this Court which were disposed of on July 30, 1987 by directing the Railway Board to c1msider if the Chief Personnel Officer while implementing its scheme deviated from its terms, and implemented it to the prejudice of those C appellants. The appellants-Station Masters of South/Eastern Railway aggrie- ved by the implementation of the scheme of re-structuring by the Chief Personnel Officer approached the Central Administrative Tribunal, which rejected their claim; as the implementation was beneficial to the D majority, and further found that the alternative 'I' of the scheme meant for the combined cadre was rightly adopted as the cadre of Assistant Station Masters and Station Masters in the South-Eastern Zone was combined before 1983. The appellants in their appeal to this Court challenged the cor- E rectness of the aforesaid findings and also claimed that the implementa- tion of the scheme was highly unjust and inequitable. It was claimed that if alternative 'I' was adopted then it should have been given full play and the SMs should have been placed en bloc in the re-designated posts without any further process of selection. F Disposing of the appeal by directing that the respondents shall grant promotional benefit to those 204 SMs who have exercised option before 1983, this Conrt, HELD: 1. It is not disputed that in the South Eastern Zone the practice of obtaining option by ASM for promotional channel was in G vogue before 1983. The dispute was about the time when it was exer- cised. According to the appellant it was at the time of recruitment and appointment even on pain of disciplinary action whereas according to the officials it used to he offered when vacancy arose according to seniority.
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