ARUN KUMAR CHATTERJEE versus SOUTH EASTERN RAILWAY & ORS.

ARUN KUMAR CHATTERJEE versus SOUTH EASTERN RAILWAY & ORS.

The appellant, transferred at his own request before 31.12.1966, should be placed below all confirmed and officiating railway staff in the relevant grade, but above temporary staff, as per Rule 312 and Railway Board's Circular No. 1565A dated 31.01.1950; later circulars do not govern the appellant's case, and the interpretation that 'officiating' includes temporary staff is incorrect.

Parties
Appellant: Arun Kumar Chatterjee; Respondent: South Eastern Railway & Ors.
Jurisdiction
India
Judgment Date
01 March 1985
Procedural Posture
Civil Appeal / Appeal by Special Leave Before Supreme Court From Judgment and Order of Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Seniority of Transferred Railway Servants, Interpretation of 'officiating' and 'temporary' Staff, Railway Establishment Manual Rule 312, Railway Service Rules
Civil Service Seniority of Transferred Railway Servants Interpretation of 'officiating' and 'temporary' Staff Railway Establishment Manual Rule 312 Railway Service Rules

Case Brief

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Parties

Arun Kumar Chatterjee

Appellant

South Eastern Railway & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Before Supreme Court From Judgment and Order of Calcutta High Court

Legal Issues

  1. 1 Whether the appellant, upon transfer at his own request, should be placed below temporary staff or only below confirmed and officiating staff in the seniority list as per Rule 312 of Railway Establishment Manual
  2. 2 Interpretation of the term 'officiating' in Rule 312 and relevant Railway Board Circulars
  3. 3 Whether appellant suffered inordinate delay in seeking redress and whether promotions already made should be interfered with

Ratio Decidendi

The appellant, transferred at his own request before 31.12.1966, should be placed below all confirmed and officiating railway staff in the relevant grade, but above temporary staff, as per Rule 312 and Railway Board's Circular No. 1565A dated 31.01.1950; later circulars do not govern the appellant's case, and the interpretation that 'officiating' includes temporary staff is incorrect.

Court Disposition

Appeal allowed

Orders

  • Order of Division Bench of Calcutta High Court is set aside
  • Judgment and order of learned Single Judge allowing writ petition restored