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Judgment
COMMON ORDER
Per: Ms. Ranjana Shahi, Member (J)
All the three Original Applications, filed by the applicants, having common issues, with the consent and concurrence of the learned counsels appearing for the respective parties, it is deemed appropriate in the interest of justice to dispose of the matters by passing a common order.
1(a). Both the learned counsel for the parties have argued their respective cases in the present batch of Original Applications. For the sake of brevity and convenience, the facts stated in OA No.623/2025, which is being treated as the lead case, are taken into consideration for disposal of the entire batch. The decision rendered therein shall govern and apply mutatis mutandis to OA Nos.666 and 693 of 2025, as the issues involved in all these matters are identical.
The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“8.1.By an appropriate order or direction quash and set aside the impugned condition of the notification dated 30.07.2025 issued by the respondents for the post of Goods Train Manager (GTM) to the extent it excludes or fails to recognise the prior service and experience rendered by the applicant as a Pointsman in another Division of the Indian Railways;
2.By an appropriate order or direction declare that the applicants are entitled to have their past service as a Pointsman in the earlier Division reckoned and counted towards experience/eligibility for the post of Goods Train Manager, in accordance with Railway Board's instructions contained in RBE No.34/2006 dated 21.03.2006 and RBE No.99/2006 dated 27.07.2006;
3.By an appropriate order or direction direct the respondent authorities to consider the candidature of the applicants for the post of Goods Train Manager by duly taking into account the service rendered by them as a Pointsman in the earlier Division by way of quashing the Impugned In-eligibility list dated 12.09.2025 and letter dated 04.11.2025, and to extend to them all consequential benefits, including consideration for selection, seniority and promotion, as may be applicable;
4.By an appropriate order or direction declare that the condition in the impugned notification disallowing the counting of such experience is arbitrary, illogical and violative of Articles 14 and 16 of the Constitution of India;
5.Pass such further or other orders as may be deemed just and proper in the facts and circumstances of the case.”
The respondents issued a notification dated 30.07.2025 (Annexure A-1) for promotion to the post of Goods Train Manager under the Traffic Department of the Jaipur Division of the North Western Railways and the applicants’ earlier experience rendered in their respective previous divisions has not been considered for the purpose of counting the same towards the requisite experience for participation in the process for promotion. The applicants have claimed that the action of the respondents is contrary to the settled position prescribed under RBE No.34/2006 and also RBE No.99/2006 and has wrongly resulted in declaring the present applicants as ineligible in the impugned ineligibility list dated 12.09.2025 (Annexure A-2) issued by the respondents. Hence, the present OA.
On the other hand, the respondents in their reply have stated that the employees (non-ministerial) working in Operation and Commercial Department of Jaipur Division on the date of notification in the Pay Band of Rs.5,200-20,200/- with Grade Pay of Rs.1,900/-, Rs.2,000/- and Rs.2,400/- (Level 2 to 4) and having minimum three years regular service in the Grade Pay of Rs.1,900/- (Pay Matrix Level – 2) to Grade Pay of Rs.2,400/-(Pay Matrix Level – 4) are eligible to apply for promotion to the post of Goods Train Passenger. Further, if any employee has worked in the grade pay of Rs.1,900/- to Rs.2,400/- in any department other than Operations and Commerce Department, then that period will not be counted in the three years regular service and the eligible employee must have passed A/2 medical category and must be capable of working in Goods Train Manager category.
Respondents further states that in case of the employees who have been transferred on their own request from other division / units / cadres (after taking voluntary reversion as per transfer rules circulated vide Master Circular No.24 issued by Railway Board) in recruitment grade i.e. Level – 1 (Grade Pay of Rs.1,800/-) on bottom seniority no past service benefits of Level – 2 will be considered for regular service in new division i.e. Jaipur Division. It is strongly protested that instant matter is not within the purview of RBE Nos.34/2006 and 99/2006 and applicants do not fulfill the eligibility conditions as per Notification dated 30.07.2025 i.e. three year regular service in Level 2 to 4 as clarified in the Schedule "A".
They states that prior to 22.10.2019, the seniority of prior employees working in Group 'D' category in the Traffic Department in Jaipur Division was divided into five units (Jaipur, Badikui, Phulera, Sikar and RPC) and on transfer from one unit to another on their own request, the bottom seniority was given in the new unit. Accordingly, the three years regular service of employees transferred from other units / cadres at the bottom seniority on their own request has been counted as per the instructions given in RBE Nos.34/2006 and 99/2006, according to which the eligibility / ineligibility list for selection against Goods Train Manager Ranker quota has been issued on 12.09.2015.
It is further submitted that since the employees mentioned in the table annexed as Schedule "A", have come to Level-1 on transfer from inter-railway / inter-division on their own request, they are at the bottom seniority. Accordingly, on the date of issue of notification for the said selection i.e. 30.07.2025, three years of regular service in Level-2 in Jaipur Division has not been completed.
Heard both the learned counsels for the parties and perused the pleadings, documents and materials placed on record.
In short, the applicants on their own request had come on transfer from inter-railway / inter-division, as such, had joined the new unit at Jaipur Division. The respondents issued Notification for filling up the posts of Goods Train Manager, Pay Matrix Level-5 under 60% ranker quota by selection and as per the notification, the employees (non-ministerial) working in Operation and Commercial Department of Jaipur Division on the date of notification in the Pay Band of Rs.5,200-20,200/- with Grade Pay of Rs.1,900/-, Rs.2,000/- and Rs.2,400/- (level 2 to 4) having minimum three years of regular service in the Grade Pay of Rs.1,900/- (Pay Matrix Level – 2) to Grade Pay of Rs.2,400/-(Pay Matrix Level – 4) were eligible.
The respondent department declared the applicants ineligible on account of not having completed three years of regular service in the Grade Pay of Rs.1,900/- to Grade Pay of Rs.2,400/- in the Jaipur Division and refused to consider their past service in Level 2 in their previous division on the ground that they had been transferred to the Jaipur Division on their own request and as per the applicable conditions, were required to join at the bottom of the seniority in the new division i.e. Jaipur Division. As such, the benefit of their past service in level-2 could not be considered for the purpose of computing their regular service in the new division i.e. Jaipur Division. Both the sides have relied upon RBE Nos.34/2006 and 99/2006, claiming it to be in their favour on the basis of their respective interpretation.
We have perused the RBE No.34/2006 (Annexure A-7) and the relevant portion thereof is reproduced herein-below :-
“3.The matter has accordingly been considered by the Board and in partial modification of instructions contained in this Ministry's letter No.E(NG)1-96/PM4/14 dt. 17.04.1997 decided that:-
(i)while persons who seek transfer on request basis will continue to be assigned bottom seniority in new unit/cadre as per the extant procedure, the service rendered by them in the old unit may be reckoned for determining their eligibility wherever a minimum length of service is prescribed as a condition for promotion including promotion to General Posts in the new unit, subject to the condition that the service so allowed to be counted does not exceed the length of service of their immediate senior in the new unit; and
(ii)the benefit of counting of service at (i) above will be applicable only in those cases where the staff join the new unit on request transfer in the same category of posts. For example this benefit will be admissible in a case where an ASM/SM in the old unit joins on request transfer in another unit as ABM but not in a case where a Commercial Clerk in the old unit joins on request transfer in another unit as Office Clerk.”
We have also perused RBE No.99/2006 (Annexure A-8), and the relevant portion thereof is reproduced herein-below:
Central Administrative Tribunal“Reference instructions contained in this Ministry's letter No.E(NG)-2006/PM1/5 dated 21.3.2006. In para 3(ii) of these instructions, it has been stipulated that the benefit of counting of service at para 3(i) of this letter will be applicable only in those cases where the staff join the new unit on request transfer in the same category of posts. ……It has thus, been requested by the Federation to review para 3(ii) of Ministry's letter dated 21.3.2006 mentioned above to facilitate reckoning the service rendered in the old unit for the purpose of determining the eligibility for promotion from Group 'D' to 'C'.
3.The matter has accordingly been considered by the Board and it is clarified that in case of own request transfer, the service rendered in the old unit will count for the purpose of qualifying service for promotion in new unit provided:-
(i)he is otherwise eligible to be considered for the selection to Group 'C' posts as per the extant rules; and
(ii)the category in which he was working in the old unit is an eligible category for the selection/post in the new unit also.”
It is evident from the above that the issue of counting the service rendered in the old unit by an employee transferred on his/her own request basis can be reckoned for determining the eligibility wherever a minimum length of service is prescribed as a condition for promotion in the new unit, provided that he or she is otherwise eligible to be considered for selection and the category in which he or she was working in the old unit is an eligible category for selection to the promotional post in the new unit. In the present case, the applicants have rendered service as Pointsman in Level – 2 in the Grade Pay of Rs.1,900/- in their previous division, which is a category eligible for selection to the promotional post in the new unit.
But the respondents are not prepared to consider the aforesaid period on the ground that, upon their transfer on their own request to the new unit, the applicants were downgraded to the Grade Pay of Rs.1,800/- and were also placed at the bottom of the seniority. According to the respondents, for computing the requisite three years of service, the candidate should have completed three years of continuous service in Level – 2 to Level – 4 viz. in the Grade Pay of Rs.1,900/- to Rs.2,400/-. We have perused the eligibility clause contained in the Advertisement dated 30.07.2025, which only stipulates “तीन वषŊ की िनयिमत सेवा”, which means that the eligible tenure of service is three years of ‘regular service’ in Pay Matrix Level 2 to 4, but the respondents have wrongly interpreted it to mean three years of “continuous” service.
Thus, in the light of the above discussion, we are of the view that the period of regular service rendered by the applicants in Level – 2 post of Pointsman in the Grade Pay of Rs.1,900/- in their previous division is eligible to be added to the period of service rendered in Level – 2 post of Pointsman in the Grade Pay of Rs.1,900/- in the new division for calculating the period of three years of regular service in Level – 2 to Level – 4 in the Grade Pay of Rs.1,900/- to Rs.2,400/-, since the post of Pointsman is a post of eligible category, in Level – 2.
Accordingly, we direct the respondents to revise the eligibility list within a period of six weeks from the date of receipt of a certified copy of this order and consider the candidature of the applicants for the post of Goods Train Manager, if they are otherwise found eligible / suitable.
As regards, the relief sought by the applicants for quashing the impugned condition in the Notification dated 30.07.2025, the applicants have failed to satisfy us as to how the said condition is bad in law. Accordingly, all the Original Applications are partially allowed with no order as to costs.
Pending MAs, if any, stand closed.