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Judgment
S.J. Mukhopadhaya, J.—This application has been preferred by the petitioner against the judgment and order dated 27th June, 2005,
passed by the Central Administrative Tribunal, Circuit Bench at Ranchi, in O.A. No. 5 of 2005, whereby and whereunder, the application,
preferred by the petitioner and others, has been dismissed.
In the aforesaid application, the petitioner and others challenged a notice, inviting applications for drafting fifteen persons as PCNL(Power
Controller)/CCNL(Crew Controller), as was circulated by Memo dated 22nd December, 2004. Further prayer was made to grant them the pay
scale of Rs. 6,500-10,500/- along with all the benefits and to maintain their seniority. The Tribunal while held that the petitioner and others can not
be regularized against the posts of Power/Crew Controllers, posts having been abolished and added to the posts of Drivers under 1998 Scheme,
rejected rest of the prayers.
It is not in dispute that the petitioner and others were Goods Drivers in the pay scale of Rs. 5000-8000/-. The claim of the petitioner is based on
the ground that he has already been selected as suitable candidate and was posted against one of such posts of Power/Crew Controller and
thereby, there was no occasion for the respondents to call for applications for posting against such posts, as made vide circular dated 22nd
December, 2004.
It would be evident from the order dated 7th January, 1999 (Annexure- 6 to the writ petition) that the petitioner and two others were declared
suitable to work as PGH/CCL(Controllers). Their basic designation is Electric Drivers. By subsequent order No. 3093/V/90 dated 16th February,
1999 they were deputed to work as PCNL/CCNL at the places, indicated against their names. Haing been shown as Electric Drivers, they are
shown to have been deputed to work as PCNL/CCNL, which can not be held to be a letter of appointment/promotion. By order No.
31/5/Trt/2005 dated 6th May, 2005 while the petitioner has been shown as Drivers-Elect. Loco Pilot (Goods) in the pay scale of Rs. 5000-
8000/- and to have been working as drafted Crew Controller, has been transferred and posted at PTRU in his own scale of pay and was asked to
look after the work of CCNL/BRWD till alternative arrangement is made.
The respondents have taken plea that as per the scheme of Railway Board, circulated vide Memo dated 22nd January, 1998, the posts of
Power/Crew Controller were abolished from regular established and it was only decided to take work of Power/Crew Controller by drafting
eligible drivers.
Learned Counsel for the petitioner has challenged the validity of the scheme dated 22nd January, 1998 at this stage. However, no such
challenge having been made either before the Tribunal or in the writ petition, this Court is not required to answer whether the scheme is valid or not
As per the said scheme, drafted Power/Crew Controllers can continue for a period of three years on deputation and after three years, the posts
will be filled up again by selection from amongst the eligible drivers. The petitioner and others had knowledge that they will continue only for a
period of three years and, as such, they have been sent back to their substantive posts. In this background, if the Tribunal had not granted the
relief, as prayed for, we find no ground to interfere with the order dated 27th June, 2000, passed by the Central Administrative Tribunal, Circuit
Bench at Ranchi, in O.A. No. 5 of 2005, The writ petition is, accordingly, dismissed.