IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 938 of 2007 Between: 1 M. Narayanaswamy, s/o. M. Ramaswamy, O/o. The Senior Section Engineer, Traction Distribution (Over Head Equipment), Moula Ali, South Central Railway, Secunderabad Division, R/o. P.Q.No. 33/6, Moula Ali, Hyderabad, A.P.500 040 2 K.D. Radha Krishnan, S/o. N.P. Divakaran Nair, The Senior Section Engineer, Traction Distribution (Over Head Equipment) Sanath Nagar, South Central Railway, Secunderabad Division, r/o. R.Q. No. 28/5, Sanath Nagar, Hyderabad A.P. 500 018. 3 T. Karunakumar, S/o. T.A.L. Satyam, The Senior Section Engineer, Traction Distribution (Over Head Equipment) Sanath Nagar, r/o. R.Q. No. 28/8, Sanath Nagar, Hyderabad A.P. 500 018. 4 C. Venugopala Rao, S/o. C. Gururajarao, Traction Distribution (Over Head Equipment), Sanath Nagar, R/o. P.No. 13 Part, Shankar Nagar Colony, Near Gnana Jyothi School, Uppal Depot, Uppal, Hyderabad AP 500 039. ..... PETITIONERS AND 1 The Divisional Railway Manager, South Central Railway, Secunderabad Division, II Floor, Sanchalan Bhavan, Secunderabad - 500 025. 2 The Senior Divisional Electrical Engineer (TRD), South Central Railway, Secunderabad Division, II Floor, Sanchalan Bhavan, Secunderabad. 3 The Senior Divisional Personnal Officer, South Central Railway, Secunderabad Division, V Floor, Sanchalan Bhavan, Secunderabad. 4 The General Secretari, South Central Railway Muzdoor Union (Central Office), 7-C Railway Buildings, FA & CAO's Compound Secunderabad A.P. 500 025. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records relating to order in O.A.No.534/2006 dated 2-1-2007 relating to the order passed by 3rd respondent vide proceedings No.CP/676/TWD/TRD, dated 12-06-2006 in canceling the earlier notification issued by 3rd respondent, vide proceedings No.CP/676/TWD/TRD dated 06-03-2006 and issuing notification in proceedings No.CP/676/TWD/TRD, dated 06-09-2006 enabling the respondents to select Technician-II in scale Rs.4000-6000 to fill up the post of Tower Wagon Driver in Scale Rs.4500-7000 ignoring the case of petitioners who are working in Technician-1 as bed, illegal, arbitrary, discriminatory and unconstitutional and against the provisions of the Avenue of promotion chart and to quash the same by allowing the said O.A and consequently direct the official respondents to restore the earlier notification issued by 3rd respondent, vide proceedings No.CP/676/TWD/TRD, dated 06-03-2006 and fill up the post of Tower Wagon Driver in scale Rs.4500-7000 from calling volunteers from Technician-1 in scale Rs.4500-7000, like the petitioners. Counsel for the Petitioner: MR.V.VENUGOPALA RAO Counsel for the Respondents: Mr. R.S. Murthy. The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE S. ASHOK KUMAR W.P. No. 938 of 2007 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed against the order dated 2.1.2007 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad in O.A. No. 534 of 2006. Heard the learned counsel for the parties and perused and material available on record. The main grievance of the petitioners is that the persons who are working as Technician-I are to be considered for filling up the post of Tower Wagon Driver in the scale Rs.4500-7000 but the respondents, ignoring the same, issued Notification enabling Technicians-II carrying the pay scale of Rs.4000-6000 for selection to the post of Tower Wagon Driver and the said action of the respondents is illegal and arbitrary and against the provisions of the Avenue of Promotion Chart. During the course of arguments, learned standing counsel for the respondents produced a copy of the Avenue Chart of Electrical Department and we have perused the same. From the material available on record, it appears that the scale of Technician-I is the same as that of Tower Wagon Driver, i.e. Rs.4500-7000. In the Avenue of Promotion Chart it is nowhere stated that Technicians-II carrying the pay scale of Rs.4000-6000 are not entitled to be considered for promotion to the post of Tower Wagon Driver. Instead, it is stated therein “to man the post of Tower Wagon Driver/ volunteers from among Technician Grade-II (Line man) after training in ZTS will be drafted. They are eligible for running allowance on par with Goods drivers in terms of R.B. Lr.No.E (P&A)II-78/RS-II dated 29.4.91”. Though the petitioners allege that the respondents have cancelled the earlier notification on the basis of the request of South Central Railway Mazdoor Union and issued another notification dated 6.9.2006, there is no convincing material before this Court to believe the same. On the other hand, it is clarified by the respondents that the earlier notification was not in accordance with the Avenue of Promotion Chart and therefore it was cancelled and that the petitioners cannot have any grievance against rectification of a mistake by the railway administration. In the above circumstances, we are of the considered view that the Tribunal has considered the matter in proper perspective and has given cogent and convincing reasons in support of its conclusions. Having regard to the facts and circumstances, we do not find any error or legal infirmity in the order passed by the Tribunal warranting interference of this court. We find no merit in this writ petition. It is accordingly dismissed. T. MEENA KUMARI, J. S. ASHOK KUMAR, J. Date: 03-04-2008. MVB.