Case Note & Summary
The petitioner, Shri Prakash Narayanrao Kolhe, challenged the order of the Central Administrative Tribunal dated 07.06.2000 which held that respondent no.3, Shri Vasant Rambhau Chimurkar, is senior to the petitioner for the purpose of proforma promotion from TCM Grade II to TCM Grade I. The basic facts are that a competitive examination was held for initial selection as Apprentice TCM 'C' Grade. In the select list, the petitioner's name appeared at Serial Number 6 whereas respondent no.3's name appeared at Serial Number 33. The petitioner was appointed on 13.12.1982 and respondent no.3 was appointed on 18.03.1983. However, a trade test was held which respondent no.3 passed in 1991 whereas the petitioner passed in 1992. Respondent no.3 approached the Central Administrative Tribunal for redesignation of seniority. The Tribunal, after hearing the parties, concluded that respondent no.3 is senior to the petitioner merely on the basis that respondent no.3 passed the trade test in 1991, about one year prior to the petitioner who passed it in 1992. The Tribunal relied on Paragraph 315 of the Indian Railway Establishment Manual, Vol. I, which states that where the passing of a departmental examination or trade test has been prescribed as a condition precedent to promotion to a particular non-selection post, the relative seniority of railway servants passing the examination/test in dates which are treated as one continuous examination shall be determined by the date of passing the test. The High Court upheld the Tribunal's order, finding no error in the application of Paragraph 315. The court noted that the petitioner's earlier appointment and higher position in the select list were irrelevant because the trade test was a condition precedent for promotion, and seniority for that promotion was to be determined by the date of passing the test. The petition was dismissed.
Headnote
A) Service Law - Seniority - Promotion - Trade Test - Condition Precedent - Indian Railway Establishment Manual, Vol. I, Paragraph 315 - Where passing of a departmental examination or trade test is prescribed as a condition precedent to promotion to a non-selection post, the relative seniority of railway servants passing the test in different dates shall be determined by the date of passing the test. The court held that the Central Administrative Tribunal correctly applied Paragraph 315 to hold respondent no.3 senior to the petitioner as respondent no.3 passed the trade test in 1991 while petitioner passed in 1992, despite petitioner being appointed earlier and having higher rank in the select list. (Paras 1-3)
Issue of Consideration
Whether seniority for proforma promotion from TCM Grade II to TCM Grade I should be determined by the date of passing the trade test or by the date of initial appointment/select list position
Final Decision
The High Court dismissed the writ petition, upholding the order of the Central Administrative Tribunal dated 07.06.2000.
Law Points
- Seniority for promotion to non-selection post where passing of trade test is condition precedent is determined by date of passing the test
- not by date of initial appointment or select list position
