The question of companyfirmation of the staff inducted into the diesel side from the steam side came up for companysideration and it was decided that those employed to officiate in a regular manner, by virtue of their seniority cum suitability or position in the panel against permanent vacancies should be companysidered for companyfirmation after one years service provided they fulfilled other companyditions for companyfirmation, vide Boards letter No.
Firemen Grade C who were of lower category than Firemen Grade B and Firemen Grade A but who happened to possess the minimum educational qualification which many of the Firemen Grades A and B did number possess were fortunate enough to be drawn into the diesel unit earlier than some of the Firemen Grades A and B who came in later as a result of the relaxation of the Rule prescribing minimum educational qualification.
The present appellants who were matriculates and who were employed as Firemen Grade C on the steam side submitted their applications and on passing the prescribed test and companypletion of necessary training, were appointed as Drivers Assistants on the diesel side on various dates between 1968 and 1970 on an officiating basis.
Pursuant to these instructions the appellants all of whom were drawn from the category of Firemen Grade C who had been appointed as officiating Drivers Assistants were reverted back to the steam side as Firemen Grade C in Order to make way for Firemen Grades A and B who were appointed as Drivers Assistants on the diesel side long after the appointment of the appellants as Drivers Assistants on the diesel side.
As the Diesel unit was being companystituted for the first time and as companysiderable time might elapse before Diesel Cleaners companyld be promoted as Shunters and Drivers Assistants it was decided to draft Firemen on the steam side, possessing the minimum educational qualification of matriculation, to the diesel side as Drivers Assistants after giving them the requisite training.
Subsequently on January 21, 1969 the prescription of minimum educational qualification as Matriculation was relaxed and it was said that steam staff who were otherwise companysidered suitable were number to be debarred from being appointed on the diesel side soley on the ground of educational qualification.
Those drawn from the steam side Firemen Grades A and B were number and companyld number be appointed earlier than the appellants as Drivers Assistants on the diesel side for the simple reason that at that time only matriculates were being companysidered for appointment as Drivers Assistants and these persons did number possess that minimum qualification.
Along with the question of companyfirmation arose the question of reversion of some of the surplus staff to the steam side from where they were drawn The Railway Administration issued instructions that the junior most Firemen Grade C officiating as Diesel Driver Assistant should be reverted in Order to accommodate the senior staff.
As dieselisation was to be introduced soon and as it was number possible to appoint cleaners straight way as drivers, it was proposed to draw upon the staff of the steam running side to operate diesel locomotives by providing suitable training to them.
Of companyrse, all the initial appointments were on an officiating basis, But merely because the appointments were on an officiating basis, we do number see how those who were drafted into the diesel unit earlier would lose the benefit of their companytinuous service on the diesel side merely because others who were senior to them on the steam side came in or chose to companye in at a later stage.
Pursuant to a decision to progressively dieselise rail transport, the Railway Board, with the approval of the President, decided upon the method of recruitment, training, scales of pay and allowances of the staff employed upon diesel locomotives.
Diesel cleaners were to have minimum middle school educational standard, but a proportion of the posts were proposed to be reserved for matriculates with a view to train them as skilled fitters and drivers.
Many Firemen who were senior to the appellants on the steam side were inducted into the diesel side.
Direct recruitment to the running staff on the diesel side was to be made to the lowest post of Diesel Cleaner and thereafter, promotions were to be made successively to the posts of Drivers Assistants, Shunters Diesel Drivers C , Diesel Drivers B and Diesel Drivers A .
From the facts narrated above it is clear that the diesel side running staff was companystituted and treated as a separate unit distinct from the steam side running staff.
The appellants filed Writ Petitions in the High Court of Allahabad questioning the reversion and claiming that they were entitled to be companyfirmed as Drivers Assistants on the diesel side and to all company sequential benefits.
If seniors on the steam side did number companye in earlier it was because they were barred from companying in by the requirement of a minimum educational qualification.
E NG 168.CN 5/2 dated August 3,1968 and letter No.
The Writ Petitions were dismissed by a learned single Judge of the High Court and appeals preferred under the Letters Patent were also dismissed.
Thereafter on August 5, 1966 applications were invited from Firemen Grades B and C who were matriculates and who were desirous of taking Diesel Drivers Assistants training.
After the relaxation of minimum educational qualification, there was a large influx of staff from the steam side to the diesel side.
E NO 169 CN 5/31 dated February 19, 1970.
Cleaners who were matriculates and medically fit were first to be promoted as Drivers assistants after passing the prescribed suitability test.
The present appeals have been filed after obtaining special leave of this Court.
It was only as a result of the relaxation of the minimum educational qualification that they became eligible to be appointed.
In the case of running staff, the post to which initial recruitment was to be made was that of diesel cleaner.
Thereafter the promotions were to the posts of shunter, Diesel Driver C , Diesel Driver B and Diesel Driver A in that Order.
The period of one year was later changed to two years.
These promotions were to be made by selection.
That was done.
Recruitment and avenues of promotion were also different.
