PRABHAT RANJAN SINGH Vs. R. K. KUSHWAHA

JUDGEMENT

(1.) Private respondent No. 1 was the applicant before the Central Administrative Tribunal, Patna Bench, Patna (for short 'CAT'). He filed O.A. No. 050/00460 of 2015. After hearing the parties, the CAT allowed the O.A. application, quashed two impugned orders dated 09/12.06.2015, which was Annexure-A/8, and 12.12.2014, which was Annexure-A/4 to the O.A. application and directed recasting of the inter-se seniority in light of the judgment and decision of the Honourable Apex Court rendered in Union of India (UOI) and Ors. etc. etc. Vs. N.R. Parmar and Ors. etc. etc. reported in (2012) 13 SCC 340. Since these petitioners are now directly affected by the decision of CAT, dated 03.05.2016, the writ application has been filed.

(2.) The private respondent No.1 filed the O.A. seeking following reliefs :

(3.) The factual background, which led to the present litigation, is that a requisition was sent by the Railway Board dated 210.2007 to the Union Public Service Commission (UPSC for short). As a consequence thereof, the private respondent came to be appointed on a Group-A service of Indian Railway Service of Signal Engineers on 01.12.2009 through Engineering Service Examination - 2008. While the private respondent was working as a Group-A officer of the Signal Engineering Service, vide order dated 12.08.2014 a panel for the year 2012-13 and 2013-14 with effect from 08.05.2014 was drawn-up. The promotee officers were given benefit of seniority with effect from 08.05.2009, whereas the private respondent despite being a direct recruit, was not given the benefit of seniority w.e.f. 210.2007, i.e. the date of requisition for filling up the vacancies of Group-A service despite the decision of the Honourable Apex Court rendered in the case of N.R. Parmar (supra).