Ankur Srivastava vs Union Of India & Ors

Mohan Pyare, Member (Administrative)

By means of the present Original Application the applicant has sought the following reliefs:

“i) The Hon'ble Tribunal may graciously be pleased to quash the impugned order dated 02.07.2018 (Annexure A-1) 05.03.2021 (Annexure A-2) and further direct the respondents to hold and convene the supplementary examination to the post of J.E.(Tele) and allow the applicant to appear in the same and if found successful and fit then post him in respective place, with all consequential benefits.

ii) The Hon’ble Tribunal may graciously be pleased to pass order or direction as deem fit and proper in the interest of justice.

iii) Award costs in favour of Applicants.”

Brief facts of the case are that the applicant was appointed after qualifying in R.R.B. 2012 and joined for training to the post of Telecom Maintainer-III (T.C.M- III) on 03.06.2014 and completed the said training on 02.06.2015. The office of respondent No.3 issued a notification to fill up seven posts of Junior Engineer (Tele.) against 20% Intermediate apprentice quota, invited forms from all the eligible technicians as well as skilled artisans employees and applicant applied for the same. In pursuance of the said notification, respondent no.3 issued a list of candidates eligible for the said examination in which the name of the applicant could not find place. The applicant represented to the Senior Divisional Personnel Officer, N.C. Railway, Allahabad on 21.06.2018 and he got a reply from the competent authority that on the date of notification i.e. 12.09.2017 he has not completed the required years of service (3 years). In this the service rendered by the applicant from 03.06.2014 to 02.06.2015 i.e. the training period has been excluded from the eligible service required to make the applicant eligible to take part in the above examination. The applicant further submitted that respondents have communicated a letter dated 05.03.2021 citing provisions of R.B.E. No.108/2003 stating that the applicant has not completed 3 years service on the cut off date i.e.17.09.2017 from his actual date of joining i.e. 16.06.2015 without counting the training period as clarified by the Railway Board in their various letters.

Learned counsel for the applicant states that as the impugned order dated 05.03.2021 is unsustainable and contrary to the provisions of Railway Board, the same should be quashed.

Respondents in their counter have submitted that Railway Board’s letter dated 18.01.1993 has clarified that the ‘departmental examination’ includes Limited Departmental Competitive Examination for promotion to Group ‘B’ posts. This selection was for the post of JE/ Tele which is group ‘C’ post. According to advance correction slip no.146 of IREM Vol.- I 1989 RBE No. 108/2003 in the existing para 142, substituted the following for the existing sub-para (1)(ii): “25% of Intermediate Apprentices from amongst serving employees having the qualification of ITI/Act Apprenticeship pass or 10+2 in Science stream with three years service in Skilled grades and below 45 Years of age; and”. The service of the applicant was less than three years on the notified date so he was rightly denied permission to appear in the examination and get further benefit. It was further submitted that the letter dated 04.06.2019 of the Railway Board will not be applicable in the case of the applicant as it is after the notified date of 12.09.2017 and on the basis of above discussions O.A. does not have merit and should be dismissed.

Heard both the sides and on analysis of the documents produced it is clear that as per the advance correction slip No.146 service for the purpose of this clause will not include the training of 3 years imparted to matriculates recruited for appointment in the skilled technician grade III which was issued in the years 2003 and the same is not applicable to applicant as he an MSc.. In a letter dated 04.06.2019 from the office of Senior Personnel Officer/ MD it was clarified that in the letter No. E(NG)1-93/PM1/4 dated 18.01.1993, the training period of the employees should be included for the purpose of Departmental Examination. In a further letter No.E(NG)-2019/PM 1/24 it was categorically clarified that allowing training period to be counted as service for appearing in the examination should not be construed to mean that period spent on training would be counted towards fixation of seniority. In the light of above discussion it is clear that the applicant has completed three years period including the time spent on training which makes him eligible to appear in the disputed examination which was wrongly denied to him. Hence, the above O.A. is allowed. The impugned orders dated 02.07.2018 (Annexure A-1) and 05.03.2021 (Annexure A-2) are hereby set aside and the respondents are directed to hold and convene the supplementary examination to the post of J.E.(Tele) and allow the applicant to appear in the same and if found successful and fit then post him in respective place, with all consequential benefits. This exercise be carried out within a period of two months from the date of receipt of certified copy of this order. No costs.