Court No. - 4 Case :- SERVICE BENCH No. - 86 of 2010 Petitioner :- Union Of India Thru General Manager, N.Railway & Ors. Respondent :- Ashok Kumar Pathak S/O Prem Prakash Pathak & Anr. Petitioner Counsel :- Anil Srivastava Respondent Counsel :- Shobhit Mohan Shukla Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard Shri Anil Srivastava, learned counsel for the Union of India.
Shri Shobhit Mohan Shukla appears for claimant-respondent No.1
The claimant-respondent No.1 was working as Khalasi. He was
promoted by Workshop Electrical Engineer, Charbagh, Lucknow
on 4.1.1986 as Typist after he was declared suitable in a test. He
claimed seniority on the post of Typist and thereafter as Senior
Typist. One Shri Virendra Pal was also appointed as Officiating
Typist by the same order. The Tribunal has, by the impugned
judgment and order dated 23rd November, 2009 in O.A. No.88 of
2004, found that the respondents have not denied that the claimant
was promoted in 33 1/3% quota from the post of ‘Khalasi’ to the
post of Typist and that the railway committed error in not placing
him in the seniority list at an appropriate place.
Shri Anil Srivastava submits that the promotional channel for the
post of Typist is from office Khalasi. The claimant’s promotion
was dehorse the rules. The claimant was entitled to be promoted
in the artisan category and is not entitled to seniority maintained
at the divisional level.
We have heard learned counsel for the parties and do not find any
good ground to interfere with the judgment of the Tribunal. The
contention that the claimant could be promoted only by DRM
cannot be accepted as by the letter dated 25th May, 1984, the
Divisional Railway Manager had authorised divisional office to
function independently to fill up the vacancies of Typist in the
lowest grade against direct/ Class-IV quota and to advice the
actual date of appointment/ regularisation for incorporating their
names in the seniority list. The letter is quoted as below:-
“No.220/E/6-3/Typist/Cl.IV/84
Divl.Office
Lucknow dt.25th May 1984
Dy.C.M.E. (C&W)
Alambagh, Lucknow.
Sub.:-Selection of Typists in Grade Rs.260-400 (RS) against Class
IV Quota.
Ref.:- Your letter No.961-E/DCME/17/NRMU/CWE/83
dt.14.10.83.
In terms of P.S. NO.3420 it has already been advised by this office
letter No.220-E/6-3/Typist Class IV dt.16.1.82 that in order to fill
up the vacancies of Typist in lowest grade viz. Rs.260-400 (RS)
against direct/Class IV quota, extra divisional office will function
independently and advise the actual date of
appointment/regularisation if any, for the purpose of
incorporating the name in the seniority list of typists.
Vinod
24/5
for Divl. Railway Manager,
N.Rly., Lucknow.”
It is not denied that the claimant-respondent No.1 was given
promotion after selection and that the panel was notified to the
office of DRM. The counsel for railways has not produced any
such service rules or circular to establish that the selection was to
be limited only to Office Khalasi. The claimant-respondent’s
promotion has neither been cancelled nor any order has been
passed to treat him in artisan category. Shri Virendra Pal was
also selected and appointed on officiating basis by the Workshop
Electrical Engineer as Typist. He has been included in the
seniority list. The Tribunal did not commit any error in directing
that the claimant-respondent’s name be included in the seniority
list at the appropriate place and that he should be given notional
seniority from the date his juniors got promotion.
The writ petition is dismissed.
Order Date :- 1.2.2010
SP/