SHRI A.K. NIGAM AND ORS. versus SHRI SUNIL MISRA AND ANR.

SHRI A.K. NIGAM AND ORS. versus SHRI SUNIL MISRA AND ANR.

Seniority in IRPS is determined by the date for increment in time scale as per Principle (vii) (a), not strictly by date of joining. Appellants' seniority was properly reckoned by granting maximum weightage for past service, and respondent No. 1, being a direct recruit with a later date of increment, is junior to the appellants.

Parties
Appellant: AK. Nigam; Appellant: K. Thiagarajan; Appellant: Suresh Kumar; Respondent: Sunil Misra; Respondent: Respondent No. 2 (unnamed)
Jurisdiction
India
Judgment Date
13 May 1994
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome
Appeal allowed
Legal Topics
Seniority, Promotion, Weightage for Past Service
Service Law Seniority Promotion Weightage for Past Service

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Parties

AK. Nigam

Appellant

K. Thiagarajan

Appellant

Suresh Kumar

Appellant

Sunil Misra

Respondent

Respondent No. 2 (unnamed)

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether seniority in the Indian Railway Personnel Service (IRPS) is to be determined strictly by date of appointment or can be influenced by weightage for past service as per relevant principles
  2. 2 Whether the grant of maximum weightage of five years for promotee officers is valid and reasonable under the governing principles

Ratio Decidendi

Seniority in IRPS is determined by the date for increment in time scale as per Principle (vii) (a), not strictly by date of joining. Appellants' seniority was properly reckoned by granting maximum weightage for past service, and respondent No. 1, being a direct recruit with a later date of increment, is junior to the appellants.

Court Disposition

Appeal allowed

Orders

  • The order of Central Administrative Tribunal, Principal Bench, New Delhi dated 5th March, 1993 is set aside.
  • Parties to bear their own costs.