1996 (3) TMI 527 - SC - Indian Laws

Summary

Issues Involved:
1. Restructuring of ministerial cadres in the Railways.
2. Distribution and filling of vacancies for Senior Clerks (Grade I).
3. Determination of inter se seniority among direct recruits and promotees.
4. Eligibility and recruitment process for in-service graduate Clerks (Grade II).
5. Treatment of ad hoc appointees regarding seniority.

Detailed Analysis:

1. Restructuring of Ministerial Cadres in the Railways:
The Railway Administration restructured the ministerial cadres, determining gradewise percentages of posts and their distribution. Specific focus was given to Clerks (Grade I) in the pay-scale of Rs. 330-560/-. The restructuring aimed to bring qualitative improvements in the functioning of the Personnel Department.

2. Distribution and Filling of Vacancies for Senior Clerks (Grade I):
- Pre-October 1, 1980 Vacancies: 40% of vacancies were earmarked for Clerks (Grade II) by the Railway Board's letter dated June 1, 1979, later revised to 57.5% by the letter dated November 10, 1981.
- Post-October 1, 1980 Vacancies: 20% of the total posts of Senior Clerks (Grade I) were to be filled by direct recruitment through the Railway Service Commission. The remaining 80% were for in-service graduates, with 13-1/3% posts available to in-service graduate Grade II Clerks through competitive examination.
- Seniority Determination: Seniority of directly recruited Senior Clerks vis-a-vis those promoted to the Grade was determined based on the date of entry into the Grade.

3. Determination of Inter Se Seniority:
The inter se seniority of candidates is regulated under para 302 of the Railway Establishment (Volume I - Revised Edition, 1989). It states:
- Seniority among incumbents of a post in a grade is governed by the date of appointment to the grade.
- In categories of posts partially filled by direct recruitment and partially by promotion, the criterion for determination of seniority should be the date of regular promotion for promotees and the date of joining the working post for direct recruits.
- When the dates of entry into a grade of promoted railway servants and direct recruits are the same, they should be placed in alternate positions, with promotees being senior to direct recruits.

4. Eligibility and Recruitment Process for In-Service Graduate Clerks (Grade II):
- Eligibility: In-service graduate Clerks (Grade II) were eligible for competition as open candidates subject to relaxation of age qualification.
- Recruitment Process: 13-1/3% of the posts of Senior Clerks were reserved for in-service graduate Clerks (Grade II) by competitive examination. If no suitable in-service candidate was available, the balance vacancies would be filled up along with the 20% direct recruitment quota from the open market.
- Pro Forma Promotion: In-service graduate Clerks (Grade II) appointed to Grade I scale would get pro forma promotion from October 1, 1980, without monetary benefits except for pension purposes.

5. Treatment of Ad Hoc Appointees Regarding Seniority:
Ad hoc appointees, appointed de hors the rules, can get seniority not from the date of their initial appointment but from the date on which they are actually selected and appointed in accordance with the rules. Their seniority would take effect from the date of selection after due completion of the process, and they would be junior to in-service as well as direct recruit-candidates.

Conclusion:
The appeals were disposed of without costs, with the Court emphasizing the need for proper assistance from the Union of India and the Railway Administration in adjudicating such disputes. The inter se seniority should be determined as per the guidelines provided, ensuring that promotees are given seniority over direct recruits in alternate positions.