Case: Rama Kant Chaturvedi and Others, Etc., Etc Vs. Divisional Supdt., Northern Railway, Moradabad and Others, Etc., Etc

the steam side as Firemen Grade "C" in order to make way for Firemen Grades "A" & "B" who were appointed as Drivers Assistants on the diesel side long after the appointment of the appellants as Dirvers Assistants on the diesel side. Those drawn from the steam side Firemen Grade "A" and "B" were not and could not 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 considered for appointment as Drivers Assistants and these persons did not possess that minimum qualification. It was only as a result of the relaxation of the minimum educational qualification that they became eligible to be appointed. The appellants filed Writ Petitions in the High Court of Allahabad questioning the reversion and claiming that they were entitled to be confirmed as Drivers Assistants on the diesel side and to all consequential benefits. The Writ Petitions were dismissed by a learned single Judge of the High Court and appeals preferred under the Letters Patent were also dismissed. The present appeals have been filed after obtaining special leave of this Court. 4. From the acts narrated above it is clear that the diesel side running staff was constituted and treated as a separate unit distinct from the steam side running staff. Recruitment and avenues of promotion were also different. Direct recruitment to the running staff on the diesel side was to be made to the lowest post of Diesel Cleaners and thereafter, promotions were to be made successively to the posts of Drivers Assistants, Shunters, Diesel Drivers (C), Diesel Drivers (B) and Diesels Drivers (A). As the Diesel Unit was being constituted for the first time and as considerable time might elapse before Diesel Cleaners could 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. That was done. 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 not 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. Of course, all the initial appointments were on an officiating basis. But merely because the appointments were on an officiating basis, we do not see how those who were drafted in to the diesel unit earlier would lose the benefit of their continuous service on the diesel side merely because others who were senior to them on the steam side came in or chose to come in at a later stage. If seniors on the steam side did not come in earlier it was because they were barred from coming in by the requirement of a minimum educational qualification. The subsequent relaxation of the rule cannot enable them to take a "frog leap" over the heads of those who had come into the diesel side earlier. The seniority on the steam side is of a relevance in determining seniority on the diesel side when they are appointed on the diesel side on different days. We may refer to A. K. Subaraman and others, etc. v. Union of India and others, [1975-I L.L.J. 338], where the fifth proposition was stated as :"Once the Assistant Engineers are regularly appointed to officiate as Executive Engineers within their quota they will be entitled to consideration in their own rights as Class I Officers to further promotions. Their birth marks in their earlier service will be of no relevance once they are regularly officiating in the grade of Executive Engineer within their quota". Similarly in N. K. Chauhan and others v. State of Gujarat and others, (1977) 1 S.C.R. 1037 at 1953, it was stated (at page 1053) : "Seniority will depend on the length of continuous officiating service and cannot be upset by later arrivals from the open market save to the extent to which any excess promotees may have to be pushed down as indicated earlier". 5. On behalf of the respondents the submission of Shri Dhebar, learned counsel, was that it was never the intention of the Railway Administration to absorb on the diesel side, staff from the steam side. They were only drafted to meet a temporary situation and it was always intended that they should go back. Firemen Grade "C" could, therefore, claim no rights whatever on the diesel side and the Railway Administration was justified in reverting to the steam side those who were junior most on the steam side and preferring to retain the seniors. We are unable to accept the submission of Shri Dhebar. We do not think that there is any justification for holding that the staff drafted from the steam side into the diesel side was always meant to be reverted back to the steam side. The very fact that Firemen Grades "A" and "B" are now being retained clearly indicates that such was not the intention of the Railway Administration. The Firemen Grade "C" were drafted into the diesel side because they possessed the requisite minimum educational qualification; and they were given special training before they were appointed as "Drivers" Assistants on an officiating basis. We do not think it was intended that they should be reverted to the steam side after sometime. The various orders and letters of the Railway Board which have been placed before us give no indication that it was never the intention of the Railway Administration to absorb and retain them permanently on the diesel side. In our view there is no answer to the claim of the appellants that they cannot be reverted while their juniors on the diesel side (though senior on the steam side) are retained.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]4. From the acts narrated above it is clear that the diesel side running staff was constituted and treated as a separate unit distinct from the steam side running staff. Recruitment and avenues of promotion were also different. Direct recruitment to the running staff on the diesel side was to be made to the lowest post of Diesel Cleaners and thereafter, promotions were to be made successively to the posts of Drivers Assistants, Shunters, Diesel Drivers (C), Diesel Drivers (B) and Diesels Drivers (A). As the Diesel Unit was being constituted for the first time and as considerable time might elapse before Diesel Cleaners could 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. That was done. 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 not 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. Of course, all the initial appointments were on an officiating basis. But merely because the appointments were on an officiating basis, we do not see how those who were drafted in to the diesel unit earlier would lose the benefit of their continuous service on the diesel side merely because others who were senior to them on the steam side came in or chose to come in at a later stage. If seniors on the steam side did not come in earlier it was because they were barred from coming in by the requirement of a minimum educational qualification. The subsequent relaxation of the rule cannot enable them to take a "frog leap" over the heads of those who had come into the diesel side earlierThe very fact that Firemen Grades "A" and "B" are now being retained clearly indicates that such was not the intention of the Railway Administration. The Firemen Grade "C" were drafted into the diesel side because they possessed the requisite minimum educational qualification; and they were given special training before they were appointed as "Drivers" Assistants on an officiating basis. We do not think it was intended that they should be reverted to the steam side after sometime. The various orders and letters of the Railway Board which have been placed before us give no indication that it was never the intention of the Railway Administration to absorb and retain them permanently on the diesel side. In our view there is no answer to the claim of the appellants that they cannot be reverted while their juniors on the diesel side (though senior on the steam side) are retained.