Inter-se-Seniority – Promotee Gp.B vs Gp.A Officers – Clarification
No.E(O)I/2014/SR-6/11CCpt., dated 10.09.2018
Sub: Clarification to Zonal Railways following decision of Hon’ble Supreme Court in SLP(C) No.22444/2017, in Probhat Ranjan Singh & Anr. Vs. R.K. Kushwaha & Ors.
Hon’ble Supreme Court vide their order dated 07.09.2018 have decided the above SLP, the operative part of the same is as under:
“ ……We have clearly held that there was no Challenge to Rule 334 in the original application and such a challenge cannot be countenanced or entertained either in contempt proceedings or on behalf of the respondents while defending the appeal in this Court. We make it clear that we have not expressed any opinion on the rival contentions of the parties on this issue.
34. The situation as on date is that rules have been amended. These rules have to be implemented. Neither the promotees not the direct recruits have challenged these rules. We are therefore not going into other issues raised by the parties.
35. We dispose of the appeal by holding that CAT had only directed that instead of “DITs”, the “year of allotment” should be the determining factor/ criteria for determining the inter-se-seniority. We further held that there was neither any challenge to Rule 334 of the IREM Vol-I in the original application nor did the CAT go into this issue. We, accordingly uphold the order dated 02.04.2018 passed by the CAT, Patna bench dismissing the contempt petition filed by the direct recruit Mr. R.K. Kushwaha. Consequently, the Transferred Case No.52/2018 i.e. Writ Petition being CWJC No.6489/2018 before the Patna High Court is dismissed.
36. Applications for intervention/ impleadment are rejected.
37. The contempt petition and all pending application shall also stand disposed of.
In view of the above decision of the Hon’ble Supreme Court Ministry of Railways have decided that all the Zonal Railways/ PUs should now act strictly in pursuance of the revised Rule (RBE No. 33/2018, dated 05.03.2018) and all promotions to Senior Scale and Junior Administrative Grade should be made strictly in conformity with the revised seniority list dated 09.03.2018. It has also been decided the Zonal Railways should make extensive use the judgment of Hon’ble Supreme Court to get any pending cases vacated.
Download Railway Board Circular dated 10.09.2018
Forward reference RBE No.