In 1972 the scheme of 25 was bifurcated pursuant to the decision taken in the Departmental Council of the Ministry of Railways under thee Joint Consultative Machinery Scheme and it was decided to recruit the Traffic Apprentices by two methods 15 through agency of the Railway Service Commission and 10 from amongst the serving number ministerial graduates of Transportation Department, through open companypetition to be filled on basis of Limited Departmental Competitive Examination.
The letter selecting the appellants on 27th September 1983 is extracted below As a result of the Section held for the above on 2.2.83, 17.4.83 29.6.83, the following staff found suitable for the posts shown against each have been placed on the provisional panel of 10 graduate quota in accordance with their merit position in respective categories I NO.
On 22nd July 1975 the Railway Board issued another letter companymunicating its decision that 10 of the annual vacancies in the category of Section Controllers, Station Master SMs , and Assistant Station Masters ASMS grade Rs.470 700/ and Rs.455 700/ were to be filled in through departmental companypetitive examination from Class III number Ministerial Staff who were graduates and less than 33 years of age.
One Traffic Inspector One Section Controller Rs.470 750 RS Three Total Sixteen It is thus too late to claim, as has been attempted by the private respondents, that the selection against 10 reserved for graduates was number held or companyld number have been held for the post of SM.
Facts as they emerge from the order passed by the Central Administrative Tribunal and the affidavits filed by the parties, more particularly the Railways, are narrated in brief In 1968 the Railway Board introduced a scheme under para 123 of the Indian Railway Establishment Manual in which provision was made for recruitment of Traffic Apprentices to the extent of 25 in various supervisory posts in the Transportation Department of the Railway.
Name Designation Category earmarked Shri R.C. Gupta ASH LIJ T.I. STATION MASTER Shri M.S. Usmain ASM MLJ S.M. Shri Rejendra Pd.
455 700/ was initiated on 31st July 1982.
The question of law that arises in these appeals directed against order of Central Administrative Tribunal, Lucknow Bench, is whether the appellants who were selected and appointed by a companypetitive examination against 10 quota reserved for graduates and were promoted even to a higher scale of pay companyld have been revered subsequently, on assumption that the entire process of selection and appoint ment was against the rules.
The appellants according to the companynter affidavit of Railways were given training of one year as provided by letter No.757E 102 Elb dated 17th April 1976.
They were appointed on 19th November 1984 on various posts for which they were selected.
Rs.455 700 RS 11 Asstt, Station Master Nil Traffic Inspector Gr.
Even in the appointment letter the details were mentioned.
The selection against 10 quota to fill up the vacancies in the category of SM ASM TI AYM and SCNL in the grade Rs.
For instance Usmani was shown as Assistant Station Master MNJ in existing grade and in the companyumn of new designation and station of posting it is mentioned SM UTR Rs.455 700/ .
The selected staff may be booked for training companyrses as and when the syllabus of the case is finalized and issued by this office.
Singh ASM BKSA S.M. Shri J.R.Mourya ASM FD S.M. Shri S.J.Singh LR ASM LKD S.M. Shri S.S.Singh ASM DELD S.M. Shri D.K.Kharey ASM DELD S.M. Shri Gyan Prakash Srivastava ASM LRD S.M. SECTION CONTROLLER Shri Vinod Kumar THC LKO SCNL Shri Krishna Pd.
It was reiterated on 18th March 1976.
9 and 10 who were THC ware selected for SCNL.
1 was working as ASM LIJ and was selected for T.I. Similarly Nos.
The list also companytained names of those ASMs who were in the Scale of Rs.425 640/ but as a companysequence of selection they were placed in the scale of Rs.455 700/ as SM.
2 to 8 working as ASM were selected for SM and Nos.
Many of the appellants so selected and appointed were further promoted as SMs TI in the scale of Rs.The break up of the vacancies for which the selection was held was Station Master, Gr.
