PRABHAT RANJAN SINGH & ANR. versus R.K. KUSHWAHA & ORS.

PRABHAT RANJAN SINGH & ANR. versus R.K. KUSHWAHA & ORS.

Direct recruits in IRSSE are not entitled to seniority from the date of requisition unless requisition and vacancy year coincide; CAT’s direction to use ‘year of allotment’ instead of ‘DITS’ for seniority was correctly implemented by Railways; DoPT circulars are not binding unless adopted by Railways; no violation of CAT order by the Railways’ amendment of rules.

Parties
Appellant: Prabhat Ranjan Singh; Respondent: R.K. Kushwaha; Respondent: Union of India (Ministry of Railways)
Jurisdiction
India
Judgment Date
07 September 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal disposed of; contempt petitions, transferred cases, and pending applications also disposed of; applications for intervention/impleadment rejected.
Legal Topics
Seniority, Direct Recruitment Vs Promotion, Statutory Rules, Indian Railways Service of Signal Engineers
Service Law Constitutional Law Administrative Law Seniority Direct Recruitment Vs Promotion Statutory Rules Indian Railways Service of Signal Engineers

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Parties

Prabhat Ranjan Singh

Appellant

R.K. Kushwaha

Respondent

Union of India (Ministry of Railways)

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether direct recruits in Indian Railways are entitled to seniority from the date of requisition or from year of vacancy
  2. 2 Whether the Department of Personnel and Training (DoPT) circular is binding on the Railways
  3. 3 Whether amendments to Indian Railways Establishment Manual (IREM) rules 327-341 violated CAT’s order

Ratio Decidendi

Direct recruits in IRSSE are not entitled to seniority from the date of requisition unless requisition and vacancy year coincide; CAT’s direction to use ‘year of allotment’ instead of ‘DITS’ for seniority was correctly implemented by Railways; DoPT circulars are not binding unless adopted by Railways; no violation of CAT order by the Railways’ amendment of rules.

Court Disposition

Appeal disposed of; contempt petitions, transferred cases, and pending applications also disposed of; applications for intervention/impleadment rejected.

Orders

  • The CAT order dated 02.04.2018 dismissing contempt petition against Railways is upheld.
  • Transferred Case No. 52/2018 (CWJC No. 6489/2018) is dismissed.