YASHBIR SINGH & ORS., ETC. versus UNION OF INDIA & ORS.

YASHBIR SINGH & ORS., ETC. versus UNION OF INDIA & ORS.

Petitioners are not entitled to claim seniority in Grade C with reference to their appointment in Grade D, as no statutory rule supports such claim; seniority must be determined by date of appointment in the particular grade. The challenge to the circulars issued by the Railway Board is time-barred and without...

Source-derived case information.

Parties
Petitioner: Yashbir Singh & Ors.; Petitioner: Inder Mohan Lal Tandon; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
18 August 1987
Procedural Posture
Writ Petition / Final Judgment
Outcome
petitions dismissed with costs
Legal Topics
Seniority, Promotion, Railway Employment, Administrative Order, Constitutional Challenge, Reorganisation of Cadre
Service Law Seniority Promotion Railway Employment Administrative Order Constitutional Challenge Reorganisation of Cadre

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Parties

Yashbir Singh & Ors.

Petitioner

Inder Mohan Lal Tandon

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the seniority list in Grade C prepared by the Railway Board is valid and can be challenged after 11 years.
  2. 2 Whether the petitioners are entitled to seniority in Grade C with reference to their appointment in Grade D.
  3. 3 Whether the Railway Board's circulars dated July 2, 1970 and November 28, 1981 are legally and constitutionally valid.

Ratio Decidendi

Petitioners are not entitled to claim seniority in Grade C with reference to their appointment in Grade D, as no statutory rule supports such claim; seniority must be determined by date of appointment in the particular grade. The challenge to the circulars issued by the Railway Board is time-barred and without merit. The respondents who were appointed to Grade C earlier are rightly senior to petitioners.

Court Disposition

petitions dismissed with costs

Orders

  • All interim orders stand discharged.