ORDER
Neena Ranjan, Member (A)
1. In this OA applicants impugn order dated 26.8.2003 issued by Assistant Personnel Officer (APO) (Mechanical), North Central Railway, Jhansi for not promoting them as Technician Grade II in the scale of Rs. 4000-6000 although they were amongst those 122 Technicians who had been screened and found suitable for the post of Technician Grade I. In terms of letter dated 26.8.2003, respondent No. 3 had promoted 73 Technicians Grade II to Technician Grade I but had ignored the applicants who had been selected earlier and awaiting promotion, after expiry of period for which they refused promotion/transfer due to unavoidable circumstances.
2. Facts in brief are that applicants while working in Jhansi Division as Technician Grade II in the scale of Rs. 4000-6000 were eligible for promotion to the post of Technician Grade I in scale of Rs. 4500-7000. Respondent No. 3 conducted the Trade Test and declared the result by Office Order dated 23.10.2000. All the applicants were declared successful and included in list with their names figured at Sl.No.38, 46, 61, 69 and 70. Vide this order, all applicants were transferred to different places within Jhansi Division but could not join on the promoted post due to domestic/personal problems and ultimately refused for promotion on transfer for one year. Applicants were not promoted after expiry of the said period even when vacancies became available at Agra. In the meantime, six new zones were created and some new divisions also formed. As a result, Jhansi Division, which was a part of Central Railway was bifurcated and Agra that was earlier under Jhansi Division became a full-fledged division. All applicants, working at Agra and Baad came under Agra Division. By this regrouping of the Railway Zones/Divisions, applicants were ignored both by Jhansi Division as well as Agra Division. Applicants submitted representations to respondent No. 2 requesting for promotion to post of Technician Grade-I on the basis of the Select List issued on 23.10.2000 but nothing was done.
3. Applicants also submit that after regrouping, Agra Division did not issue orders for their promotion against vacancies of Technician Grade I. Further, Agra Division did not honour the panels that had been formed by Jhansi Division. Applicants also contend that respondent No. 3 conducted selection for other categories also e.g. Head Ticket Collectors, Chief Inspector of Tickets, Guards, Drivers etc. Similarly, staff working under Jhansi Division were promoted by DRM, Jhansi but the DRM, Agra Division failed to promote those working in his division. They have relied on OA Nos. 523/2004 and other connected OAs (i.e. 949/2006) to substantiate that in these cases applicants were promoted from dates when their juniors were promoted with all consequential benefits.
4. Since action of the respondents is illegal, arbitrary and discriminatory they have prayed for the following reliefs:
(i) to allow this application and direct respondents to promote applicants as Technicians Grade-I.
(ii) to direct the respondents to promote applicants from the date of expiry of one year with all consequential benefits, including back wages.
5. Shri R.L. Dhawan, counsel for respondents has vehemently opposed the claims. He argues that impugned order dated 26.8.2003 was issued by respondent DRM, Jhansi for promotion of applicants working on Jhansi Division as Technician Grade-I Rs. 4500-7000. These applicants are working under the administrative control of Divisional Railway Manager, North Central Railway, Agra and will have to seek further promotion in Agra Division after formation of new divisions. It is also submitted that no promotion order from Technician Grade-II (C&W) to Technician Grade-I (C&W) has been issued by Agra Division till date due to a stay order issued by the Tribunal.
6. It is further contended by respondents that vide order dated 18.10.2005 panels in the case of selection posts which have been declared by Parent Divisions/Railways and finalized up to 31.10.2003 may be operative on Agra Division for those categories which are classified as selection posts. It is submitted that applicants are seeking promotion to selection posts of Technician Grade-I and the said instructions dated 11.10.2005 have no relevance in the case of applicants as such it is prayed that the OA be dismissed.
7. We have heard the Learned Counsel for parties, perused the record and also gone through judgments cited by the parties.
8. Insofar as relief now sought by Technicians of erstwhile division before restructuring for promotion to a Technician Grade-I which they had been offered but refused is concerned, it is pertinent to note that an identical situation has arisen in Raghu Raj Singh Sisodia v. U.O.I and Ors. OA 1194/2006 decided on 10.10.2007 where a view was taken that before bifurcation, if promotion is accrued, the same has to be given.
9. The decision in Shahabuddin and Ors. v. U.O.I. and Ors. OA2364/2006 case basically distinguished the decision of the Tribunal in P.M. Saxena and Ors. v. U.O.I OA No. 523/204 decided on 29.10.2004 and in Shri Raju and Ors. v. U.O.I. and Ors. OA No. 2278/2005 decided on 10.1.2006 holding that the decision in P.M. Saxena’s case abruptly, the aforesaid view was taken. In the present case not only P.M. Saxena’s case has applicability but the decision in Sisodia’s case has to comply, which stood implemented vide respondents order dated 13.1.2008, which establishes that the dicta of the Tribunal in the above case has been accepted.
10. Applicants being similarly circumstanced, respondents cannot approbate or reprobate simultaneously and are estopped from taking a contrary view other than taken in the case of Technician Grade-I in the case of Raghu Raj Singh Sisodia’s case by promoting them despite Railways refusing the same.
11. In the above view of the matter, this OA stands allowed. Respondents are directed to consider promotion of the applicants to Technician Grade-I from one year they refused the promotion with all consequential benefits within a period of 2 moths from the date of receipt of a copy of this order. No costs.