T. VIJAYAN AND ORS . versus DIVISIONAL RAILWAY MANAGER AND ORS.

T. VIJAYAN AND ORS . versus DIVISIONAL RAILWAY MANAGER AND ORS.

Promotees entitled to count their entire ad hoc service towards their seniority as the ad hoc promotion was permissible under the Railway Establishment Manual and subsequently regularised. Direct recruits, though appointed prior to promotees’ regularisation, cannot claim seniority over promotees, particularly as their appointment letters made seniority subject to the finalisation of the promotion selection process, which was in progress.

Parties
Appellants: T. Vijayan and Ors.; Respondents: Divisional Railway Manager and Ors.
Jurisdiction
India
Judgment Date
05 April 2000
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, Bangalore
Outcome
Appeals dismissed
Legal Topics
Seniority, Promotion, Ad Hoc Service, Direct Recruitment, Railway Establishment Manual
Service Law Seniority Promotion Ad Hoc Service Direct Recruitment Railway Establishment Manual

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

T. Vijayan and Ors.

Appellants

Divisional Railway Manager and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, Bangalore

Legal Issues

  1. 1 Whether respondents are entitled to reckon the period of ad hoc service towards their seniority and whether they have been properly shown as senior to the appellants?

Ratio Decidendi

Promotees entitled to count their entire ad hoc service towards their seniority as the ad hoc promotion was permissible under the Railway Establishment Manual and subsequently regularised. Direct recruits, though appointed prior to promotees’ regularisation, cannot claim seniority over promotees, particularly as their appointment letters made seniority subject to the finalisation of the promotion selection process, which was in progress.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed without any order as to costs