Case Note & Summary
The writ petition was filed by the Union of India and other railway authorities challenging the order of the Central Administrative Tribunal, Chennai, dated 17.11.2023 in O.A.No.310/00432/2021. The respondents were permanent en-cadre employees at the S&T Workshop, Podanur. The dispute centered on the status of posts in the Production Control Organisation (PCO) at the workshop. Initially, by proceedings dated 09.04.1980, the PCO post was treated as an en-cadre post. However, the Railway Board by proceedings dated 13.09.1984 evolved a procedure making it an ex-cadre post on tenure basis, with a tenure of five years and eligibility for special pay. The Southern Railway allowed the en-cadreing to continue, but a conscious decision was later taken to extend ex-cadreing to all PCOs except S&T Workshop, Podanur. The respondents contended that they were entitled to ex-cadre status and special pay. The Tribunal allowed their application, and the petitioners sought to quash that order. The High Court, after hearing arguments, dismissed the writ petition, upholding the Tribunal's order. The court reasoned that the Railway Board's proceedings applied uniformly and the exception for S&T Workshop was not justified. The decision favored the respondents (employees).
Headnote
A) Service Law - Ex-cadre Post - Production Control Organisation - Railway Board Proceedings dated 13.09.1984 - The issue pertained to whether posts in the Production Control Organisation (PCO) at S&T Workshop, Podanur, should be treated as ex-cadre posts on tenure basis, entitling employees to special pay. The court upheld the Tribunal's order, holding that the Railway Board's decision to treat PCO posts as ex-cadre applied to all workshops including S&T Workshop, Podanur, and the petitioners' contention that it was an en-cadre post was not sustainable. (Paras 3-5)
Issue of Consideration
Whether the order of the Central Administrative Tribunal, Chennai, in O.A.No.310/00432/2021 dated 17.11.2023, which upheld the ex-cadre status of employees in the Production Control Organisation at S&T Workshop, Podanur, is liable to be quashed.
Final Decision
The writ petition was dismissed. The order of the Central Administrative Tribunal, Chennai, in O.A.No.310/00432/2021 dated 17.11.2023 was upheld.
Law Points
- Service Law
- Ex-cadre Post
- En-cadre Post
- Tenure Basis
- Special Pay
- Railway Board Proceedings
- Central Administrative Tribunal
- Writ of Certiorari
