Sri.Viju C.Vs Senior Divisional Personnel Officer

A.Muhamed Mustaque, J.

The claim of seniority after the integration of the cadre of Station Master-II (SM-II) and Station Master-III (SM-III) into a single cadre is the issue to be considered in this matter.

The petitioners while working as Assistant Station Master, they applied for the post of SM-II (Traffic Apprentice) for vacancies as against Limited Department Competitive Examination quota and were successful. Notification was issued on 7/7/2006. They have to complete two years training. After selection, they were appointed as SM-II. After integration of 6th Central Pay Commission, the posts of SM-II and SM-III were merged as a single cadre of Station Master on higher pay band by order dated 4/9/2008. However, this was given retrospective effect from 1/1/2006. As a result, in the seniority list prepared, those who were appointed earlier than the petitioners and were working in SM-III, marched over the petitioners. The provisional seniority list, dated 1/1/2013, was questioned before the Tribunal. The Tribunal noted that the petitioners were appointed only as SM-II with effect from 3/7/2009 and therefore, their service after the integration shall be reckoned only from the effective date of integration.

We note that the Tribunal was justified in declining the challenge. The integration of the posts was made as per order dated 4/7/2008, with effect from 1/1/2006. The petitioners were appointed as SM-II only in 2009. By that time, their juniors in SM-III became part of the integrated service. Thus, they marched over the petitioners. As on the date of the integration order, the party respondents herein who are originally SM-III became part of the integrated Station Master, much before the petitioners’ appointment as SM-II. We find no merit in this writ petition. Accordingly, it is dismissed.