HARIBANS MISRA AND OTHERS versus RAILWAY BOARD AND OTHERS

HARIBANS MISRA AND OTHERS versus RAILWAY BOARD AND OTHERS

Rule 328(2) inserted by Advance Correction Slip No. 70 is arbitrary and void, lacking any justifiable objective, as it retrospectively wipes out the appellants’ promotions and length of service without reason; appellants were regularly and permanently promoted and must not suffer prejudice from this rule.

Parties
Appellants: Haribans Misra and Others; Respondents: Railway Board and Others
Jurisdiction
India
Judgment Date
11 January 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Writ Petition No. 1499 of 1974
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Service Law, Seniority, Promotions, Retrospective Rule Change, Railway Establishment Code
Civil Services Administrative Law Service Law Seniority Promotions Retrospective Rule Change Railway Establishment Code

Case Brief

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Parties

Haribans Misra and Others

Appellants

Railway Board and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Writ Petition No. 1499 of 1974

Legal Issues

  1. 1 Whether Rule 328(2) of the Railway Establishment Manual, inserted by Advance Correction Slip No. 70, is valid and can be given effect to
  2. 2 Whether appellants' promotions and length of service could be wiped out retrospectively
  3. 3 Lien on post versus place in service law

Ratio Decidendi

Rule 328(2) inserted by Advance Correction Slip No. 70 is arbitrary and void, lacking any justifiable objective, as it retrospectively wipes out the appellants’ promotions and length of service without reason; appellants were regularly and permanently promoted and must not suffer prejudice from this rule.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Respondents Nos. 1 and 2 shall not give effect to Rule 328(2) as inserted by Advance Correction Slip No. 70 in the case of appellants and respondents 3 to 6.
  • Orders dated December 7/8, 1973 and January 7, 1974 are quashed.