Krishna Kumar Agrahari vs Union Of India And 4 Ors

Suman Shyam, J.

Heard Mr. K. Paul, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, N.F. Railway, appearing for the

respondents.

The judgment and order dated 23.12.2015 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, in Original Application

No.040/00093 of 2015 rejecting the prayer made by the writ petitioner has been assailed in the present writ petition.

The facts of the case, briefly stated, are that the petitioner was appointed as a Laboratory Assistant under the N. F. Railway on 27.06.2003

whereafter, he was posted at Badarpur. In the year 2013 the petitioner was transferred and posted at the Railway Headquarters at Maligaon. During

the year 2011 three vacancies arose in the post of Laboratory Superintendent-III. As per Clause 165(4) of the Indian Railways Establishment Manual,

Volume-I (for short IREM Volume-I) the post of Laboratory Superintendent Grade-III can be filled up either by way of direct recruitment through

Railway Recruitment Board from amongst the persons having the qualifications mentioned therein or by way of promotion of the serving staff in the

Medical Department having the requisite qualification. As per Clause 165(4)(ii)(b) of IREM the staff working as Laboratory Technician/Assistant

Chemists possessing the qualification of Matriculation with Science plus Diploma in Medical Lab Technology (DMLT) with five years’ service in

the grade would also be eligible for promotion by selection.

According to the petitioner, he had the requisite qualification as prescribed by Clause 165(4)(ii)(b) and was therefore, eligible to participate in the

selection process initiated by the authorities for filling up the three vacant posts of Laboratory Superintendent-III by promotion. As such, on

04.01.2011 the petitioner had filed a representation addressed to the respondent No.2 for holding selection process for the post of Laboratory

Superintendent-III and also to consider him for promotion since he was the only medical staff in the entire N. F. Railway who fulfilled the requisite

qualification and eligibility criteria. The representation filed by the petitioner was, however, rejected by the respondent No.2 by his letter dated

01.12.2011 whereby the petitioner was informed that as per the provisions of the IREM his case cannot be considered for promotion to the post of

Laboratory Superintendent-III.

Being aggrieved by the communication dated 01.12.2011 the petitioner had filed an Online complaint with the Public Grievance Cell and the matter

was then referred to the Railway Board for necessary clarification. By the communication dated 20.06.2012 the Railway Board had clarified that the

vacancy in the category of Laboratory Superintendent-III is to be filled up in accordance with paragraph 165(4) (ii) of the IREM Volume-I. In the

wake of the aforesaid clarification issued by the Railway Board, the petitioner had renewed his prayer by filing representations before the authorities

but to no avail. On 21.02.2014, the respondent No.2 had eventually informed the petitioner that the cadre restructuring in the department was under

process and his case would be examined only when the said process was over. The petitioner kept waiting for a favourable response from the

authorities in the matter but since his case was not considered even after expiry of more than five months after the restructuring of the centralised

cadre, he was compelled to approach the Central Administrative Tribunal seeking redressal of his grievance.

The controversy involved in this proceeding revolves around the interpretation of paragraph 165(4) of the IREM Volume-I which is quoted herein

below for ready reference :-

“165(4) The posts in the next higher grade of Lab Supdt.III/Chemist in the pay scale of Rs. 5000-8000 will be filled as under :-

(i) By Direct Recruitment through Railway Recruitment Boards with the following qualifications :

(a) Educational : B.Sc. with Bio-chemistry/ Micro Biology/Life Science or equivalent plus Diploma in Medical Lab Technology : (DMLT) or

equivalent or B.Sc. in Medical Technology (Laboratory) from recognised institutions.

(b) Age : Between 18 and 30 years.

(ii) By promotion with the following qualification :

(a) Serving staff in the Medical Department fulfilling the qualification prescribed for direct recruitment as at (4) (i)(a) above are eligible for being

considered for promotion as Lab. Supdt.III/Chemist in scale of Rs. 5000-8000 by a duly constituted Selection Board in accordance with the prescribed

procedure.

(b) The staff working as Lab Technician/ Assistant Chemist in the pay sale of Rs.4500- 7000 and possessing the qualification of Matriculation with

Science plus Diploma in Medical Lab Technology (DMLT) with five years service in grade will also be eligible for promotion by selection; the

professional qualification being assessed by a trade test at the time of selection.

Note :- (i) Direct recruitment beyond the prescribed quota is to be resorted to, to the extent of serving staff with requisite qualification as above are

not available/suitable.

(ii) Persons in service as on 1.8.98 with the then existing qualification of Matriculation with Science plus Diploma in Laboratory Technician’s

course and five years service as lab Technician/Asstt. Chemist in grade Rs.4500-7000 will also continue to be eligible for promotion by selection, as

Lab Supdt. Gr.III/Chemist in the pay scale Rs.5000- 8000.

[Authority :- Board’s letter No.PC-V/97/I/11/25(2) dt. 13.7.99]â€​

A plain reading of paragraph 165(4) of the IREM Volume-I goes to show that the post of Laboratory Superintendent-III can be filled up either by

way of direct recruitment or by promotion as per paragraph 165(4)(ii). It is not in dispute that the petitioner holds a Bachelor degree in Chemistry plus

Diploma in Medical Lab

Technology (DMLT). Therefore, it is apparent that the petitioner had met the qualification norms laid down in paragraph 165(4)(ii)(a) of the IREM for

being considered for promotion for the post of Laboratory Superintendent-III.

Mr. Paul, learned counsel for the petitioner, contends that paragraph 165(4)(ii) (a) of the IREM does not make any distinction amongst the serving

staff in the medical department for being considered for promotion to the post of Lab. Supdt.-III/Chemist subject to the condition that the qualification

prescribed for direct recruitment to the said post is met by the candidate. Under the circumstances there was no justifiable ground for the respondents

to reject the prayer of the petitioner for consideration of his case for promotion to the post of Lab. Supdt.-III, more so, in the light of the clarification

issued by the Railway Board.

Mr. B. Sarma, learned Standing Counsel, N.F.Railway, on the other hand, contends that the candidates drawing the pay scale just below the scale

of Lab. Supdt.-III can only be considered as belonging to the feeder cadre for promotion to the next higher grade of Lab. Supdt.- III. While admitting

that the petitioner fulfils the qualification norms prescribed by paragraph 165(4)(ii) of the IREM, the learned Standing Counsel contends that the

petitioner was drawing a lower pay scale as compared to the respondent Nos.4 and 5 and hence, was not in the feeder cadre for promotion to the post

of the next higher grade of Lab. Supdt.-III. It is on such count that his case could not be considered by the authorities at the relevant point of time.

Mr. Sharma has, however, admitted that the petitioner’s case will now be considered for promotion since he is drawing the pay scale immediately

below that of Lab.

Supdt.-III.

The learned Central Administrative Tribunal had rejected the case of the petitioner by holding that the graduate staff working in the medical

department can only be given preference if they are working in the immediate lower grade pay. It was further held that persons working in the

medical department who have qualification for being promoted to the post of Lab. Supdt.-III cannot be permitted to jump the hierarchy of grade pay.

As noted above, the key question falling for consideration of this Court in the present case would be whether the serving staff in the medical

department having the requisite qualification, regardless of their grade pay, would be eligible for being considered for promotion to the post of Lab.

Supdt.-III/Chemist as per the mandate of Clause 165(4) of the IREM.

A conjoint reading of Clauses (a) and (b) of paragraph 165(4)(ii) goes to show that the preference for promotion must be given to those serving

staff in the medical department who fulfil the requirement of Clause 165(4)(ii)(a) and the persons coming within the sweep of Clause 165(4)(ii)(b)

were also to be treated as eligible for promotion. The use of the expression “also†in Clause 165(4)(ii)(b) of the IREM read with Note (ii) leaves

no manner of doubt that it is the serving staff of the department having graduate degree who are required to be given preference for promotion

regardless of the grade pay enjoyed by them. This is, however, not to mean that the Laboratory Technicians who are Matriculates and having Diploma

in Medical Lab Technology (DMLT) with five years service in the grade would be completely eliminated from the promotional avenues. As per

Clause 165(4)(ii)(b) their cases are also required to be considered by the authorities but not to the exclusion of those who come within the ambit of

Clause 165(4)(ii)(a).

Mr. Sarma, learned Standing Counsel appearing for the N.F. Railway, has tried to convince this Court that there is ambiguity in the Rules

inasmuch giving the meaning as ascribed to Clause 165(4)(i) and (ii) of the IREM by the petitioner’s counsel would lead to an anomalous situation

where the junior drawing a lower pay scale would steal a march over the senior Laboratory Technicians having the requisite experience and also

drawing higher pay scale merely because they do not have the qualification of being graduate in any of the disciplines mentioned in the Rules. The

learned Standing Counsel has, therefore, argued that in order to address the ambiguity in the Rules the Railway authorities have considered the cases

of the respondent Nos.4 and 5 for promotion. We are afraid that the submissions of Mr. Sarma to the above effect cannot be accepted by this Court.

It is the salutary principle of statutory interpretation that when words of a statute are clear, plain or unambiguous i.e. they are reasonably susceptible

to only one meaning, the Courts are bound to ascribe that meaning regardless of the consequences. If the words of the statute are in themselves

precise and unambiguous then no more can be necessary than to expound those words in their natural and ordinary sense [see Principles of Statutory

Interpretation by Justice G. P. Singh, Chapter-I, Syn-5, Page 55, 14th Edition].

In the words of Gajendra Gadkar, J. “If the words used are capable of one construction only then it would not be open for the Courts to adopt

any other hypothetical construction on the ground that such construction is more consistent with the alleged object and policy of the Act.

The IREM Volume-I lays down a set of rules relating to recruitment, training, confirmation and various other steps governing the conditions of

service of the Railway employees. The Manual has been published under the authority of the Railway Board and therefore, in our opinion the same

would have a force of a statute. From a plain reading of the provisions of Clause 165(4) of the IREM we do not find any ambiguity in the rules. The

mere fact that the operation of the rules in a particular manner would produce a result unfavourable to the management cannot be a ground to read

into the Rules words that are not inserted therein.

For the reasons stated herein above, we find sufficient force in the argument advanced by the learned counsel for the petitioner assailing the

impugned order dated 23.12.2015 passed by the learned Central Administrative Tribunal. We accordingly set aside the impugned order dated

23.12.2015. Since the learned departmental counsel has admitted before us that there are vacancies available as on date to accommodate the

petitioner in the post of Laboratory Superintendent Grade-III, we direct the respondent No.2 to initiate immediate steps for considering the case of the

petitioner for promotion to the post of Laboratory Superintendent Grade-III. The direction contained in this order shall be complied with as

expeditiously as possible but not later than three months from the date of receipt of a copy of this order. The parties to bear their own.