KATYANI DAYAL AND ORS. versus UNION OF INDIA AND ORS.
Temporary Assistant Engineers appointed to ex-cadre posts outside the Indian Railway Service of Engineers Class I cannot claim equality of promotional opportunity or seniority with officers appointed in accordance with the rules to posts borne on the cadre. There is a valid classification between temporary assistant...
Source-derived case information.
- Parties
- Petitioner: Katyani Dayal and Ors.; Respondent: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 26 March 1980
- Procedural Posture
- Writ Petition / Final Judgment
- Outcome
- petitions dismissed
- Legal Topics
- Gazetted Railway Service, Temporary Assistant Engineers, Cadre Classification, Equality Under Constitution, Promotion Eligibility
Source-derived case record
Summary, issues, holding and outcome
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Parties
Katyani Dayal and Ors.
Petitioner
Union of India and Ors.
Respondent
Procedural Posture
Writ Petition / Final Judgment
Legal Issues
- 1 Whether temporary Assistant Engineers recruited by the Railway Board belong to the cadre of Indian Service of Engineers Class I
- 2 Whether treating temporary Assistant Engineers as purely temporary offends Articles 14 and 16 of the Constitution
- 3 Eligibility for promotion under amended rules
Ratio Decidendi
Temporary Assistant Engineers appointed to ex-cadre posts outside the Indian Railway Service of Engineers Class I cannot claim equality of promotional opportunity or seniority with officers appointed in accordance with the rules to posts borne on the cadre. There is a valid classification between temporary assistant officers and cadre officers, which is neither discriminatory nor violative of Articles 14 and 16 of the Constitution as it is based on different sources, methods of recruitment, appointment authority, training, and tenure. Amendments to Railway Establishment Code only clarified the legal status that was always understood.
Court Disposition
petitions dismissed
Full Case Text
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