Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Seniority – Indian Railways Establishment Manual |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Service Law – Seniority – Indian Railways EstablishmentManual (IREM) – rr.327-341 – Indian Railway Service of SignalEngineers – Respondent-direct recruit challenged the seniority givento the promotee officers in Railways, as promotee officers wereplaced en bloc senior to all direct recruits – Direct recruit pleadedthat the seniority of the direct recruits should be fixed from the dateof sending of the requisition i.e. 23.10.2007 for the vacanciesrelating to the year 2009 – Plea was rejected by CAT which heldthat provisions of the IREM determining inter-se seniority based on‘date of increment in the time scale (DITS)’ was flawed andarbitrary – High Court further held that circulars of the DoPT werebinding on Railways, and IREM is not statutory in nature and areonly codified set of guidelines – Aggrieved, appellant filed appeal– During the pendency of the appeal in the Supreme Court,Railways amended the IREM rules 327-341 by removing ‘DITS’ andintroduced the concept of ‘year of allotment’ – Direct recruitcontended that action of Railways violated the order issued by theCAT and filed contempt petition before the CAT, which wasdismissed – Writ petition filed by direct recruit – Writ Petitiontransferred to Supreme Court – Held: On perusal of theGovernment of India (Allocation of Business) Rules, 1961 framedu/cl. 3 of Art.77 of the Constitution, it is clear that Railways isspecifically excluded from the ambit of the scope of businessallocated to the DoPT, whether it be for classification of posts,recruitment of ministerial staff etc. and as such the DoPT could nothave issued binding circulars upon Railways – Furthermore, IREMhave statutory force as they are issued in exercise of powers vestedunder the proviso to Art.309 of the Constitution – The action ofRailways in amending rules and bringing them in line with the judgment of the CAT by removing ‘DITS’ as the determining factorfor fixing seniority and introducing the ‘year of allotment’ ascriteria for determining the seniority was in no manner violative oragainst the order of the CAT – Insofar as seniority of the directrecruits from the date of sending requisition is concerned, inN. R. Parmar case it was laid down that the date of requisition forfilling up the posts by a particular recruitment process could betaken as the year to which seniority could be given to personsrecruited under that process – However, the Court also clearly laiddown that this would apply only if the recruitment year is the sameas the year of vacancy – In the instant case, the requisition of directrecruits was sent in the year 2007, the vacancies related to the year2009 and therefore, the CAT as well as the High Court rightly heldthat direct recruits were not entitled to promotion from the year2007 – Constitution of India – Arts.77 and 309 – Indian RailwaysEstablishment Code – Government of India (Allocation of Business)Rules, 1961 – cl.3 |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 796 |
Petitioner | Prabhat Ranjan Singh And Anr. |
Respondent | R.k. Kushwaha And Ors. |
SCR | [2018] 13 S.C.R. 313 |
Judgement Date | 2018-09-07 |
Case Number | 9176 |
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