Judgment :- Elipe Dharma Rao, J 1. These writ petitions were filed by the Department of Railways, Salem Division, challenging the common order, dated 30.04.2010, passed by the Central Administrative Tribunal, in O.A.Nos. 494, 586 and 703 of 2009 respectively, whereby the challenge made by the applicants therein to the order of selection for the post of Loco Pilots (Goods) Grade II, dated 22.05.2009, passed by the second respondent therein, was allowed by setting aside the said order and the respondents therein were directed to make fresh selection as per the procedure prescribed by the Railway Board, vide order No.E(NG)1-2008/PM1/15, dated 3.9.2009. 2. The brief facts, in nutshell, are as follows:- (a) Respondents 1, 2 and 3 in W.P.No.25489 of 2010 and Respondents 1, 2 and 5 in W.P.No.25490 of 2010 were working as Senior Assistant Loco Pilot with effect from 02.05.2003, 12.05.2005, 05.05.2005, 13.07.2007, 06.05.2003 and 13.07.2007 respectively; that the fourth respondent in W.P. No.25490 of 2010 was working as Assistant Loco Pilot with effect from 22.03.2001; that the fourth respondent in W.P.No.25489 of 2010 and the third respondent in W.P.No.25490 of 2010 were working as Loco Pilot (Shunting) Grade II with effect from 16.07.2007 and 13.07.2007 respectively; and that the first respondent in W.P.No.25491 of 2010 joined the railway services on 13.03.1980 and he was working as a Loco Pilot (Shunting), Grade-II. (b) According to the petitioners, the post of Loco Pilot (Goods) Grade II is a selection post by way of written examination only and to get promotion to the said post, it is mandatory for an employee to possess the following qualifications:- i. To qualify in the written examination; ii. Successfully complete the mandatory promotion course for Loco Pilot (Goods); and iii. Two years experience in the feeder cadre. The two years residency period has subsequently been modified for certain categories as follows:- 1) Other Loco running staff having minimum of one year of service in the immediate lower grade could be considered for promotion as Loco Pilot (Goods) duly relaxing two years service condition with the personal approval of General Manager. 2) Shunters who have put in not less than three months regular service in the grade could be considered for promotion as Goods Driver in the exigencies of service with the personal approval of General Manager as per the Railway Board's Letter dated 13.12.1995. 2) Shunters who have put in not less than three months regular service in the grade could be considered for promotion as Goods Driver in the exigencies of service with the personal approval of General Manager as per the Railway Board's Letter dated 13.12.1995. (c) Subsequently, the Railway Board, as per letter dated 01.05.1996, has given further guidelines that First Fire Man/Diesel/Electrical Assistant (including Shunters with less than 3 months service) could be considered for promotion as Loco Pilot (Goods) Grade II with a personal approval of General Manager provided they have put in (i)6 years of service Combined as second Fire Man and First Fire Man/Diesel Assistant/Electrical Assistant, (ii)two years of service as First Fire Man/Diesel Assistant/Electrical Assistant and (iii)60,000 kms experience of foot plat as First Fire Man/Diesel Assistant/Electrical Assistant. (d) Consequently, the Railway Board, as per their letter dated 22.08.2008, has given further instructions to consider Assistant Loco Pilot (i.e. Diesel/Electrical Assistant) having two years service and 60,000/-kms. experience on foot plate for selection for promotion to the post of Loco Pilot (Goods) with the personal approval of General Manager subject to the following conditions:- i. Suitability of such Assistant Loco Pilot to work independently as Driver [Loco Pilot (Goods)] shall be personally certified by the Mechanical/Electrical officer (as the case may be) in charge of Power of the Division concerned; ii. Such promotee Drivers be placed under the supervision of a dedicated Loco Inspector for 5 trips or 500 kms. of driving whichever is earlier; iii. For sections classified as 'ghats', such promotee Drivers may work with a regular Driver as 'Co-Driver' for seven days or 1000 kms whichever is later; iv. Provision of hands on training for independent loco driving to Diesel/Electrical Assistants in their induction and refresher courses shall be included in the course content for the promotional trainings; and v. Training centers should be got equipped with simulators progressively. (e) Consequent upon the introduction of VI Pay Commission Recommendations, the Railway Board has merged Loco Running categories as follows:- The Railway Board, in their letter dated 23.09.2008, has given clarification to follow the existing channel of promotion for running categories, viz., Loco Pilots till further order from them. (f) As per the Railway Board's letter dated 25.02.2002, successful completion of training should be linked to promotion/increment. (f) As per the Railway Board's letter dated 25.02.2002, successful completion of training should be linked to promotion/increment. Further, as per paragraph No.3(g) of the above letter, the staff should be directed/relieved to attend the mandatory courses well in advance of initiation of process of selection/empanelment/promotion to the next higher grade and it implies that those empanelled can also be sent for such training before actually promoted. Further, the Railway Board, vide letter dated 15.10.2003, has clarified that successful completion of training is mandatory for safety category staff before being promoted to a higher post. (g) Keeping in view of all the above instructions from the Railway Board, selection was initiated to fill up 76 vacancies in the cadre of Loco Pilot (Goods) Grade II with the communal break up of Scheduled Caste-8, Scheduled Tribe-12 and Unreserved-56 posts followed by an alert notice on 11.11.2008 for 218 employees and some of them had expressed their unwillingness to appear for selection and after deleting the unwilling staff, final notice was issued on 22.12.2008 and on 28.01.2009 to 152 employees including the applicants before the Tribunal. In the written test conducted by the Railway Board, the applicants before the Tribunal have not scored the minimum required marks, viz., 60% and since, they did not qualify in the selection process, they were not empanelled, and aggrieved by their non-selection, they have filed original applications before the Central Administrative Tribunal, in O.A.Nos. 494, 586 and 703 of 2009 respectively. 3. The Tribunal, on consideration of the facts and circumstances of the case, allowed the original applications by setting aside the order of the Railway Board, dated 22.05.2009 and directed the Railway Board to make a fresh selection, as per the procedure prescribed by the Railway Board in its Order No.E(NG)1-2008/PM1/15 dated 03.09.2009. Aggrieved by the said order, the present writ petitions have been filed by the Railway Board. 4. Heard the learned Counsel for the petitioners and the learned counsel appearing for respondents 1 to 4 in W.P.No.25489 of 2010 and respondents 1 to 5 in W.P.No.25490 of 2010 and respondent No.1 in W.P.No.25491 of 2010. 5. On going through the entire materials placed on record, we see no reason to interfere with the order passed by the Tribunal for the following reasons:- 6. 5. On going through the entire materials placed on record, we see no reason to interfere with the order passed by the Tribunal for the following reasons:- 6. Firstly, the Tribunal has passed the aforesaid common order after going through the relevant materials bearing on the issue of promotion effected to the post of Loco Pilots (Goods) Grade II, especially based on the Circular, which was issued by the Railway Board dated 03.09.2009, in implementation of the VI Pay Commission's recommendations with effect from 01.06.2006, after prescribing the Grade in the place of increments and the said Circular makes it abundantly clear that it is a one time exemption promotion to all vacancies as existed on 31.08.2009 and paragraph No.2(a) of the above said Circular contemplates that, 'posts carrying the grade pay of Rs.4200/-, proposed to be filled up by 'Seniority-cum-suitability' or with 'Suitability with prescribed benchmark' as indicated in the statement, may be filled up with benchmark of 6 marks out of 15 marks in last three years ACRs. duly considering the existing instructions for promotions based on confidential reports'. 7. Secondly, the Tribunal, while setting aside the order passed by the Railway Board, which were impugned in the original applications, has also taken into consideration the fact that the applicants before the Tribunal are already working as Loco Pilots on adhoc basis and they had officiated up to 28.05.2009, 05.06.2009, 21.05.2009, 27.05.2009, 23.05.2009, 27.05.2009, 27.05.2009, 26.05.2009. 26.05.2009 and 28.05.2009 respectively, against the existing vacancies for the uninterrupted operation of train services in the time of exigencies purely on stop gap arrangement till the date of initiation of steps to fill up the aforesaid vacancies by promotion following the old method of selection, though the said old method is not indicated anywhere, i.e., either in the original applications or in the counter affidavit filed by the Railway Board before the Tribunal, but, it indicates the conduct of written examination. 8. 8. Thirdly, the Tribunal, while passing the common order, also took into consideration the fact that since the circular, dated 03.09.2009, is not issued as on the date of initiation of the selection process, the Railway Board has followed the old process of selection by conducting written examination and when two Divisions of Southern Railways came to know about the said circular, which was given retrospective effect from 31.08.2009 by applying the procedure of one time exemption for the vacancies in existence up to 31.08.2009, they have cancelled the similar selection, which was done based on the written examination. Therefore, the Tribunal thought it fit to extend the said benefit to the applicants also and granted the same by issuing a direction to the Railway Board to conduct fresh selection based on the Circular, dated 03.09.2009. 9. Therefore, we consider it appropriate that the Tribunal is right in not appreciating the contention raised by the Railway Board that the applicants, after participating in the written examination, could not challenge the process of selection of law, when they failed to get the qualifying marks. Moreover, the point, which is in favour of the applicants before the Tribunal is that, they were selected by the Railway Board and put on in the promotional post of Loco Pilot (Goods) Grade II, and they worked in the said post for the last three years, as referred to above, and therefore, when the applicants before the Tribunal are satisfying the qualification of holding the post of Loco Pilot, instead of regularising their services in the said post, the action of the Railway Board in asking them to once again go through the above said selection process, in our considered opinion, is not fair, as it is asserted by the learned counsel appearing for the respondents/applicants before the Tribunal that they have already undergone the selection process at the time of officiation, and therefore, the petitioners should not have asked the respondents to undergo the selection process for a second time to make their eligibility. 10. On the above stated discussion, we are satisfied that the Tribunal is right in passing the common order, dated 30.04.2010, and we see no reason to take a different view from the one already taken by the Tribunal, as it requires no interference. Accordingly, the writ petitions fail and the same are dismissed. 10. On the above stated discussion, we are satisfied that the Tribunal is right in passing the common order, dated 30.04.2010, and we see no reason to take a different view from the one already taken by the Tribunal, as it requires no interference. Accordingly, the writ petitions fail and the same are dismissed. However, there will be no order as to costs.