Full Judgment Text
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PETITIONER:
S. SARKAR & ORS.
Vs.
RESPONDENT:
R.D. KRISTON, CHAIRMAN RLY. BOARD, RAIL BHAWAN, NEWDELHI AND
DATE OF JUDGMENT14/05/1993
BENCH:
SAHAI, R.M. (J)
BENCH:
SAHAI, R.M. (J)
VENKATACHALA N. (J)
CITATION:
1994 AIR 1280 1993 SCR (3) 756
1993 SCC (3) 182 JT 1993 (3) 371
1993 SCALE (2)969
ACT:
Contempt Petition-Exercise of option by direct recruit
Assistant Station Masters-Directions issued by Court on 30th
April 1990-Held, contempt petition concerned with
implementation of Court order, not whether the order passed
by it was correct or not.
HEADNOTE:
The dispute was about whether the exercise of option by
Assistant Station Masters, directly recruited, was a matter
of choice or was compulsory. The order of this court of 30
April 1990 inter alia protected the interests of the
applicants by holding that the 204/206 employees who had
opted before 1983 must be entitled to the benefit which
would have been available to them on their options.
The order was not implemented. It was argued for the
condemner that the order of this court would disturb
seniority and may result in extending it to many others.
Disposing of the contempt petition, this court,
HELD : 1. The order dt. 30.4.90 left no ambiguity that these
employees shall be treated separately and would he granted
the benefit that would have been available to them. (758-D)
2. The Court in contempt applications is concerned with the
implementation of an order passed by it, and not whether
such order is correct or not.
3.Neither the submission regarding seniority, nor that it
may extend to others was raised earlier, and if raised, they
should be deemed to have been rejected. Even earlier it had
been made dear that no one promoted shall be disturbed.
(758-F)
757
4.Within 2 months, alternative 11 to be applied to 204/206
employees for their placement and promotion. Future
promotions may be governed by the
present alternative. Promotions and all benefits shall be
given retrospectively. (758-H)
Cost to the applicants of Rs. 5,000
JUDGMENT:
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CIVIL APPELLATE JURISDICTION:Contempt Petition Nos. 130 &
195 of 1991.
IN
Civil Appeal No. 2054 of 1990
From the Judgment and Order dated 23.1.87 of the Central
Administrative Tribunal, Calcutta in T.A. No. 1263/86.
G.S. Chatterjee and Avijit Bhattacharjee for the Appellants.
Dr. Anand Prakash, P. Narasimhan for B.K. Prasad, for the
Respondents.
The Judgment of the Court was delivered by
R.M. SAHAI, J. Why the appellants should have been forced to
file these contempt applications for enforcement of the
order passed by this Court as far back as on 30th April 1990
in Civil Appeal No.2054 of 1990, is not without reason.
Grievance of the applicants is that despite clear findings
recorded by this Court, opposite parties are going back on
it and persisting in the implementation of the order in a
manner which frustrates the entire purpose for which the
applicants approached this Court and is a clear violation of
directions of this Court issued on 30th April 1990.
Entire dispute centered round the practice of exercising
option by Assistant Station Masters who were recruited
directly. Were they left any choice in the matter or was it
compulsory. It was held by this Court, that various letters
issued made it clear that the option had to be exercised at
the time of appointment and where no option was exercised it
was deemed to have been exercised. This Court found that
the applicants were those persons who had to exercise option
at the time of appointment and their options were
irrevocable. Effect of this was that they had
758
to wait till 1983 when restructuring was done. The Court
further found that the cadre of Assistant Station
Master/Station Master in South Eastern Railway was separate
and not combined. But the Chief Personnel Officer applied
alternative1, which under restructuring was to be applied to
a zone where combined cadre was in vogue, as it was
acceptable to leaders of the Union and was beneficial to
large number of employees. The Court therefore did not
interfere with implementation of the alternatives, but
protected the interest of the applicants by holding thus
"But both the employees unions have accepted
the implementation of the letter of Chief
Personal Officer as it is beneficial to a
majority of the employees. Therefore, it may
not be disturbed. At the same time all those
204 employees who had opted before 1983 must
be entitled to the benefit which would have
been available to them on their options."
What remained thereafter, which could not be clear to
opposite parties, cannot be appreciated. The order left no
ambiguity that these employees shall be treated separately
and would be granted benefit which would have been available
to them. That was possible and obvious if alternative 11
was applied to them. It was for this reason that the Court
directed to create even additional posts.
Attempt was made by the learned senior counsel to urge that
it shall disturb seniority and may result in extending it to
many others. We are afraid that this Court in these
applications is concerned with the implementation of the
order passed by it and not whether the order passed by it
was correct or not. Neither of these submissions were
raised earlier and if had been raised, they should be deemed
to have been rejected. Even earlier it had been made clear
that no one promoted shall be disturbed.
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We, therefore, direct opposite parties to implement the
order of this Court in respect of 204/206 employees by
applying altemative-II to them for purposes of determining
their placement and promotion. After their placements and
promotions are so determined under alternative II then they
may be governed by the present alternative for future
promotions. Six months’ time was granted in 1990. The
opposite parties have delayed it by nearly two and half
years. We direct the opposite parties to finalise it within
two months from today. The promotions and all benefits
shall be given retrospectively. No application for further
extension by opposite parties shall be entertained. Failure
to comply with the directions shall not be treated lightly
in future.
759
We are not taking any action in the circumstances for the
present. The contempt applications are disposed of
accordingly. But the respondents shall pay a sum of Rs.
5,000 as costs to the applicants.
U.R. Contempt Petition disposed of.
760