TMI Blog1990 (9) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... of N.F. Railways in pay scale of ₹ 200-240. Next class above it according to Railway Board circular dated May 31, 1976 was 'C', with posts carrying scale of pay with a maximum of ₹ 290 but less than ₹ 900.33 1/2 per cent of posts in this class were to be filled by promotion from class 'D'. One of such posts was the post of Ticket Collector. It was a class 'III' post as compared to post held by appellants and respondents which were class 'IV' posts. Selection by promotion for various categories was held in 1982. Since promotion to the post of Ticket Collector had not been held it was processed in pursuance of notice dated May 22, 1983 in respect of existing vacancies. Written test was held in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Tribunal's order has resulted in pushing down the appellants from class 'III' post and in some cases even from still higher post as they had been granted second promotion as well to the post which they held in 1983. The hardship which stares in the face is that the appellants as a result of restructuring on which they had no control were placed in class 'C' but thereby they lost the chance of moving on the promotional ladder had they chosen to remain in class 'D'. In other words by upgradation and restructuring of posts the appellants became worse off than what they would have been if they would have continued in class 'D'. Putting it differently the appellants who by virtue of restructuring came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ees and the post of Ticket Collector as class 'III'. It is clear from the interview letter sent to appellants which is extracted below The date for the viva voce test for the selection of Ticket Collector in scale 260-400 against 33 1/3 per cent promotion quota from class IV to class III post has been fixed on March 14, 1984 and March 15, 1984 at 10.00 hrs. in this office. The following outdoor class IV staff who have qualified themselves in the written examination held on October 23, 1983 at LMG, are therefore advised to appear in this office on the due date and time for viva voce test. For this reason also it shall be unjust to appellants as the department itself has been treating the as class 'IV' employees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be filled in accordance with the procedure which was in vogue before August 1, 1983. 6. A word about Railways. All this litigation and hart-burning could have been avoided if the department would have issued clarificatory letter that even though due to restructuring 65 per cent of class 'D' employees automatically moved in class 'C' but shall be entitled for consideration against 33 1/2 per cent reserved in class 'C' from class 'D' as their status and designation did not change. Truly speaking selection proceeded on the basis. That was their guarded stand in counter-affidavit as well. But in this Court they have taken contrary stand and have supported respondents who were petitioners before Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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