MAHESH CHAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions under Article 226/227 of the Constitution are directed against the order dated 14th September, 2002 passed by the Central Administrative Tribunal, Jabalpur, Bench Jabalpur in O.A. No. 423/96.

(2.) THE facts briefly are that the petitioner in W.P. 809/2002 joined the Railway service in the year 1985 as Fitter Grade -III at Diesel Component Works, Putiala and the petitioner in W.P. No. 810/2002 joined the Railway service in 1982 at Bombay and was transferred to Dahod in the Loco Workshop as Chargeman 'A' in the year 1985. In 1993 both the petitioners were transferred to RSK (Rail Spring Karkhana) of the Central Railway at Shitholi on their own request. On 30 -9 -1994 and 27 -7 -1994 the petitioners were promoted as fitter Grade I in RSK Shitholi. Thereafter the two petitioners were communicated with the decision dated 23 -5 -1996 of the Chief Personnel Officer, Central Railway, in which it was stated that the cadre of RSK Gwalior will be closed w.e.f. 31 -5 -1996 and that the seniority of the staff in RSK will be determined in accordance with the principles laid down for determination of seniority of non -gazetted staff of RSK and the said principles were stated in paragraph 1 to 8 in the said communication dated 23 -5 -1996 of the Chief Personnel Officer, Central Railway. Paragraph 1(b) of the said communication dated 23 -5 -1996 of the Chief Personnel Officer, Central Railway stated that staff who have come on transfer on their own request from other Railways on or before 31 -5 -1996 will get bottom seniority in the recruitment grade. Aggrieved by the said principle for determination of seniority in para 1(b) of the communication dated 23 -5 -1996 of the Chief Personnel Officer, Central Railway, the two petitioners filed O.A. No. 423/1996 before the Central Administrative Tribunal, Jabalpur (for short "the Tribunal") claiming that their past service in the grade before they were transferred to RSK of Central Railway should be counted for determination of seniority in RSK. The Tribunal in its impugned order dated 14th September, 2002 held that the petitioners have no case for revision of seniority giving them benefit of their past service before request transfer as the same was not provided in Rule 312 of I.R.E.M. (Indian Railway Establishment Manual). Aggrieved by the said order dated 14th February, 2002 of the Tribunal, the petitioners have filed these writ petitions under Article 226/227 of the Constitution.

(3.) MR . H.D. Gupta, learned Senior Counsel for the Railways, on the other hand, submitted that it will be clear from the reply of the respondents in the writ petition that the staff who have come on transfer from other Railways on administrative grounds and not on their own request have been given their seniority taking into account their past services in other Railways, but those who have come to RSK from other Railways on their own request, have been given their seniority ignoring their past services in other Railways in accordance with the aforesaid Rule 312 of I.R.E.M. In support of his aforesaid contention, he cited the decision of the Supreme Court in K.P. Sudhakaran and another vs. State of Kerala and others, (2006)5 SCC 386.