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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) To direct the respondents to cause them to act in accordance with Railway Board’s order being RBE No. 102/2013 and grant promotion under restructuring to the applicant to the post of Chief Publicity Inspector in Pay Band- 2 of Rs. 9300-34800 + Grade Pay of Rs. 4600 w.e.f, 01.11.2013 with all consequential benefits.
b)To set aside and quash Impugned Speaking Order No. E1084/2/TC/HQ/CPRO/DD dated 21.03.2016 issued by Chief Personnel Officer, Eastern Railway, Kolkata as communicated vide letter dated 22.03.2016.
c) Any other order or orders as the Hon’ble Tribunal deems fit and proper”.
Ld. Counsel for the applicant Mr. C. Sinha is present and heard. None appears for the respondents.
Brief facts in nutshell are as follows:-
Railway Board vide RBE No. 102 of 2013 dated 08.10.2013 introduced restructuring of certain Group ‘C’ cadres and accordingly, the cadre of Publicity Inspector had been restructured which gave rise to 1 (one) additional post of Chief Publicity Inspector in Pay Band-II of Rs. 9300-34800 + GP of Rs. 4600.
Applicant being senior-most person in the Feeder grade of Senior Publicity Inspector, had submitted representations dated 08.05.2014, 17.03.2015 which had not yet considered.
Further, Office Order dated 18.11.2015 was issued giving effect to promotion under restructuring to certain cadres in the CPRO/E.Rly/Kolkata Office ignoring the Publicity Inspector Cadre.
Being aggrieved, applicant had submitted representations dated 03.12.2015. Being also aggrieved, the applicant had filed an O.A./350/1884/2015 which was disposed of vide order dated 15.12.2015 and a Speaking order dated 21.03.2016 was issued which was under challenge in the instant Original Application.
After notice, the respondents had appeared through their Counsel, filed a detailed reply and opposed the relief. The brief facts are as follows:-
The applicant on being found suitable for the post of App. ESM Grade III in scale Rs. 950-1500 (RP) was appointed in the Railway after completion of prescribed training and he was posted at ESM GR. III in scale Rs. 950-1500/-(RP) ON 16.11.91 at Sealdah Division where he has got his promotion as per his seniority. Subsequently, being selected, he was posted as Publicity Inspector in scale Rs. 4500-7000/- (RSRP) on 24.2.2000 under CPRO Eastern Railway Kolkata and thereafter, he was promoted to the post of Senior Publicity Inspector in scale Rs. 5000-8000/- on 28.2.2002. Meanwhile, the Railway Board vide RBE No. 102/2013 was circulated under CPO’S serial No. 111/2013 towards restructuring of certain Group-C categories The applicant being SR, PI CPRO's office Eastern Railway Kolkata, had filed the O.A. Bearing No. 350/01884 of 2015 before Hon'ble Tribunal, Kolkata and upon hearing the said O. A. directed the respondents vide order judgment dtd 15.12.15 that the respondent authority shall consider the representation as contained in A-7 within a period of two months from the date of receipt of the copy of the order and issue speaking ender and communicated the same to the applicant. Accordingly, speaking order was on 22.3.16 and the same was communicated to the applicant issued by CPO/Eastern Railway Kolkata respondent No. 2 on 21.3.2016.
The applicant being aggrieved and dissatisfied and had filed the instant O.A. claiming the restructuring benefit w.e.f, 1. 11. 13 for the post of Chief Publicity Inspector in terms of Board's letter No. PC III/2013/CRC/4 DTD. 8. 10. 13 (RBE NO. 102/2013) circulated vide CPO'S Circular No. 111/2013 dtd 30. 10. 13.
The applicant had earlier filed an original application bearing No. 1884 of 2015 before the Hon'ble Tribunal on narrating all the representations which were submitted earlier to the Administration and after hearing the Hon'ble Tribunal was pleased to direct the respondents as under:-
“The respondent authority shall consider the representation as contained in Annexure A-7 within a period of two months from the date of receipt of a copy of this order and issue a speaking order and communicate the same to the applicant”. Accordingly, in pursuance and in obedience of the solemn order of the Hon’ble Tribunal, the Chief Personnel Officer who was impleaded as Respondent no. 2 has issued a speaking order on 21.03.2016 on considering all the material facts of representation dated 3.12.2015 (Annexure A-7 to the O.A. No. 1884 of 2015) wherein it was interalia stated that according to Railway Board’s Reservation rules for SC/ST circulated vide CPO’s Srl No. 101/97, 104/07 AND 96 (8)/02 dated 18.9.97, 25.9.97 and 14.8.02 was respectively out of 5 no’s of revised sanctioned through 4 posts are earmarked to UR and 01 post was pinpointed for SC candidate. Further, according to Railway Board’s letter No. 2003- E (SCT) 125/16 dated 6.1.2004 (RBE No. 3/2004) as circulated vide CPOs SL circular No. 04/1/04 the vacancies shall not be filled and would remain unfilled until the next recruitment year. These vacancies would be treated as backlog vacancies. Therefore, allegations of the applicant in this paragraph were not according to the fact and hence, it was denied.
According to the instructions contained in Railway Board's letter No. PC-111/2013/CRC4 Dated 8. 10. 13 (RBIS No. 102/13) circulated under CPO'S SI No. 111/2013 dated 30.10.13 the post of Chief Publicity Inspector, enhanced from 04 to 05 posts on cadre restructuring as per revised percentage and according to para 9 Railway Board have specifically mentioned that:-
“Para 9, The existing instruction with regard to reservation of SC/ST wherever applicable will continue to apply” (Annexure R-1).
The post as arises on reservation percentage 01 (SC) post has been kept unfilled for maintaining the Reservation Roster which is the mandatory provision of the Reservation policy and existing instructions/ guidelines as issued by Railway Board.
In Grade Pay Its. 4600/- due to the post as arises on cadre restructuring is necessary to keep unfilled due to SC Backlog as per Reservation policy.
The respondent authorities submit on the score that the reservation rule is mandatory provision of the Constitution of India which could not be violated even in restructuring up gradation of the post. Moreover, the Railway Board in their RBE No. 102/13 specially mentioned that the existing instructions with regard to reservation of SC ST wherever the applicable would continue to apply.
The statement of the applicant goes to show that he was not contesting the reservation rule/procedure, but claiming that the reservation rule does not apply in the case of restructuring. Now it was amply clear that from the order of restructuring circulated vide RBE No. 102 of 2013 dated 08. 10. 13 at para 9 which specifically states that:-
"The existing instructions with regard to reservation of SC/ST wherever applicable will continue to apply".
The applicant was not entitled to get any relief as prayed for.
The application was baseless and being devoid of merit which may kindly be dismissed.
Heard Ld. Counsel for the applicant who argued strongly.
Considering the merit, no case is made out for interference. Accordingly, the Original Application is dismissed. There shall be no order as to costs.