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TMI Blog1996 (5) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts are as under : In the Kalyanpur Police Station Crime Register No.62/93 related to a case booked for the offences punishable under sections 121, 121A, 122, 34 IPC and 25(1)(A)(D),25(1)(A)(2), 25(1)AA, 25(A)(B), 25 (A)(F) of the Arms Act, Section 20 of Wireless Telegraph Act and Sections 3,4 and 5 of TADA and Section 135(l) of the Bombay Police Act. In the course of investigation one diary of Hamir Sajan was found and it contained certain financial transactions relating to one Haji Ismail for purchasing the ships in question. The District Superintendent of Police attached those ships invoking powers under Section 7A of TADA. A report application No.1993 was filed before the learned Designated Judge seeking confirmation of attachment. The appellants claiming to be the owners of the ships in question objected to the attachment and sought revocation of such attachment before the learned Designated Judge. It was argued before the learned Designated Judge that section 7A of TADA came into force on and from 22.5.1993 and the purchases of all the ships having taken place well before that date, the provisions of TADA cannot be invoked. It was also contended that none of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty in relation to which the investigation was made must be having sources of purchase from the amount or proceeds of terrorism or by way of commission of terrorist activity. Therefore, the learned Judge found that it was not necessary or incumbent upon the Investigating Officer to attach only properties of the persons who were involved in the offence under TADA Act and that on the other hand, any property can be attached if it is reasonably believed that it was derived from the commission of any terrorist activity or was acquired by the proceeds of terrorism . The learned Judge also found that the aforesaid party (namely the appellants herein) are related to the main smuggler Haji Haji Ismail who is absconding and by using the funds provided by him the ships in question were purchased and so it can be said that prima facie, doing smuggling activity of keeping and possessing latest and modern foreign made arms and ammunitions in order to cause terrorism among the Customs and Police Officers would mean that by keeping the authority such as Custom Officers or Police Personnel in constant fear due to his terrorist activities, the amount is derived from that activity, it would me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96 11911/96 20225/93 2570/93 8090/93 20528/93 8703/96 16410/93 8364-66/96 2533-35/94 20030/93 8905/96 2993/94 2359-60/94 5305/93 8699/96 11178/94 8702/96 15438/54 8697/96 17640/94 8863/96 13168/94 8726/96 14415/95 8655/96 17196/95 8698/95 18159/95 Union of India Anr, etc. etc. V. M. Bhaskar Qrs. etc. etc. [With CC 19260/93 in C.A. Nos.......of 1996 (arising out SLP (C) Nos. 4250-51/93, 7406/93, CC 20225/93 in C.A. No. 2570/93, C.A. No.......of 1996 (arising our of SLP(C) No.16410/93), CC 20030/93, (arising out of SLP(C) Nos.2533- 35/94, 2993/94), C.A. Nos.2359-60/94, 5305/93, C.A. Nos....of 1996 (arising out of SLP (C) Nos. 11178/94, 15438/94, 17640/94, 13168/94, 14415/95, 17196/95, 18159/95] Union of India Anr. etc.etc. V. M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lishment Manual, hereinafter the Manual, dealing with the recruitment of (1) Traffic Apprentices; and (2) Commercial Apprentices. Role 123 of 1968 Edition of the Manual deals with recruitment of Traffic Apprentices and Rule 127 with Commercial Apprentices. It is apparent from this Manual that the posts to be held by Traffic Apprentices before the 1987 were of: (1) Assistant Station Masters; (2) Assistant Yard Masters; (3) Traffic Inspectors; and (4) Section Controller (in the scale of ₹ 1400-2600). Insofar as Commercial Apprentices are concerned these posts were of: (1) Assistant Claims inspectors/Supervisors; (2) Assistant Commercial Inspectors; (3) Assistant Rates Inspectors (Goods and Coaching); and (4) Other Inspectors for outdoor duties. This apart, the pre - 1987 position was that in the Traffic and Commercial Departments, posts in the pay scale of ₹ 1400-2300 were being filled up to the extent of 25% by direct recruits, of which 15% were from open market and 10% from Limited Departmental Competitive Examination; and the balance 75% by promotion from lower grade. Further, the term Apprentices was being actually used to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will be fixed at starting pay of ₹ 1600 on absorption , does not mean that these Section Controllers were given the pay scale of ₹ 1600-2660, as urged by the learned counsel. All that was conveyed by this statement was that the Section Controllers, even though getting the revised scale of ₹ 1400-2600, their starting pay would be ₹ 1600. This was so required according to Shri Malhotra appearing for the appellant. because the Trained Apprentices could become eligible for the post of Section Controller only after having two years Yard s experience in the grade of ₹ 455-700. It is this pay scale which had become on revision ₹ 1400-2300: the unrevised pay scale of Section Controller was ₹ 470-750, which on revision become ₹ 1400- 2600. So, what has been stated in para 2(ii) does not support the case of the respondents that the memorandum of 1987 really dealt with the revision of pay of all the Traffic/Commercial Apprentices. 8. We, therefore, hold that the Tribunals which allowed the benefit of pay scale of ₹ 1600-2660 to all the Traffic/Commercial Apprentices irrespective of the grade of the posts held by them, not only misunder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Masters and Yard Masters. It is because of this that higher pay scale was made available to them. It was also brought to our notice that the memorandum provided that the standard of examination for the Apprentices to be recruited after 15.5.1987 was required to be higher than that which was prevailing, and if because of this, the period of training was made 2 years in place of 3, the same cannot make the policy unreasonable, as a 2 year period for training is of sufficiently long duration to equip persons selected after a more rigorous test, with the knowledge required to man the posts in question. We agree and state that if direct recruits passing examination of higher standard to man higher posts were required to be given higher pay scales, the same cannot be regarded in any way as discriminatory or even arbitrary. Such a policy decision is not unreasonable also. 11. The final submission in this regard was that the cut- off date 15.5.1987 is arbitrary. This also is not correct because the memorandum had come to be issued following many deliberations and discussions with different unions of which mention has been in detail in one of the documents on record. So, it cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken this view because it is known that at times there are no vacancies in training schools and so training programme has to be spread out. We, therefore, reject the contenting advanced on behalf of these respondents by Shri Das. Appeal @ SLP (C) No. 15438 of 1994 14. In this appeal, a separate argument was advanced on behalf of respondent No.1, Prakash Chandra Ojha, who had approached the Patna Bench of the CAT with the grievance that he was unjustly and illegally denied promotion to Grade- I Commercial Inspector in 1990, despite his having been promoted as Commercial Inspector Grade-II by an order dated 21.9.1989, which was made effective from 11.10.1988, because of which he had become eligible for promotion to Grade-I on 11.10.1990, as the eligibility condition was completion of 2 years of experience in Grade-II. The Patna Bench held that the exclusion of this respondent from the list of eligible candidates for the selection meant for 1990 was wrong. 15. The aforesaid decision has been challenged in this appeal by the Union of India by contending that 2 years period of experience has to be reckoned, not from 11.10.1988, but from 21.9.1989. There is no dispute that the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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