LexYASHBIR SINGH & ORS., ETC. versus UNION OF INDIA & ORS.
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A B YASHBIR SINGH & ORS., ETC. v. UNION OF INDIA & ORS. AUGUST 18, 1987 [E.S. VENKATARAMIAH AND K.N. SINGH, JJ I ·-.,, Service matter-Seniority list challenged-Injunction sought against issue of altered seniority list for the purpose of promotions, confirmations, etc. The petitioners were railway employees. The Railway Board C issued a circular dated July 2, 1970, laying down procedure for filling )- up posts of train examiners and upgradation of posts. It directed that vacancies arising in Grade C after t.4.1%6 to the extent of 50 per cent would be maintained in that grade and the remaining 50 per cent would be down-graded to be filled by promotion of skilled artisans. It further D directed that 50 per cent of the vacancies in Grade C should be filled by ~ direct recruitment of apprentice Train Examiners with five years' training to the extent of 80 per cent thereof and the remaining 20 per cent by promotees from Grade D as laid down in paragraph l of the Circular dated 27.10.1965 of the Board. This procedure was directed to be followed till the cadre position was normalised and the excess in the E Grade of Rs.205-280 were eliminated. Paragraph 2 of the circular ""' - further directed that those promoted to Grade C in the scale of Rs.205· .- 280 as on April 1, 1966 would be assigned seniority amongst them- selves in the order of their inter se seniority in the Grade of Rs.180·240 for the purposes of confirmation, etc., in that grade and they would [ rank senior to those recruited as apprentice train examiners with five F years' training and appointed after 1.4.66 in the grade of Rs.205-280. G The result of the circular was that all those promotees, who had been appointed to Grade D prior to 1.4.66 stood absorbed in Grade C and they were granted seniority in that grade with retrospect!ve effect, that is, with effect from April 1, 1966. The Railway Board later took a policy decision to abolish the f entry grade D of train examiners in the pay-scale of Rs.180-240, and in order to implement that decision issued a circular dated October 30, 1972, abolishing the entry Grade D of the train examiners and placing the incumbents of that grade en masse in grade C in the scale of Rs.205- 280 with effect from 1.11. 72. Paragraph 2 of the circular directed that fl the pay of the staff brought from Grade D (Rs.180-240) to grade C 1018 - YASHBIR SINGH v. U.0.1. 1019 (Rs.205-280) would be fixed under Rule 2017 A (III) read with rule 2019 A II. As all the incumbents of grade D in the scale of Rs.180-240 were placed en masse in the higher grade C in the scale of Rs.205-280, a provisional seniority list of grade C Train Examiners working in Delhi Division was prepared on November 16, 1981. In that seniority list, the ~ petitioners were shown senior to some of the respondents as the senio- B rity was not determined in accordance with Roi~ 302 of the Railway Establishment Manual. This seniority list was not prepared in accord- ance with the prescribed criteria, as had been done in the other Divi- sions. The Board issued a circular dated 28.11.81, directing that the Delhi Division should also fall in line with the other Divisions of the Northern Railway, and the seniority of the train examiners appointed between 1.4.66 and 1.11.72 should be prepared in accordance with the C existing practice. viz. on the basis of the date of appointment in the particnlar grade. · In purs'uance of that direction, seniority of the train examiners of grade C placed in that grade between 1.4.66 and 1.11.72, was published D ~ in 1981 by the authorities of the Delhi Division of the l'\orthern Railway. After inviting objections, the seniority list was finally published in December, 1982. In that seniority list, the petitioners were shown junior to respondents 5 to 10. Aggrieved, the petitioners moved this Court by writ petitions, challenging the validity of the seniority list and for quashing the circulars dated July 2, 1970 and November 28, 1981 of E the Railway Board, and restraining the respondent-Railway autho- )< ...._ rities from altering or issuing the seniority list in pursuance of the circular dated November 28, 1981 of the Railway Board and for main- taining the seniority list issued in 1968. Dismissing the petitions, the Court, HELD: The Respondents Nos. S to 10, who belonged to the group F of apprentice-train examiners were directly placed to working posts in grade C after com
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