LAWS(PAT)-2017-2-78

SANJAY KUMAR Vs. UNION OF INDIA

Decided On February 14, 2017
SANJAY KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The private respondents no. 7 to 14 approached the Central Administrative Tribunal, Patna Bench, Patna in OA 607 of 2006 with the following reliefs :

(2.) Since the Central Administrative Tribunal allowed the OA and granted the relief to the applicants vide order dated 25th of Feb., 2013, the petitioners, who were private respondents in the OA, have filed the writ application challenging the decision of the Tribunal.

(3.) As per the pleadings emerging from the records of the case, the applicants before the Tribunal pleaded that they were recruited by the Railway Recruitment Board on clerical cadre between 1992 and 1997 and were working in different zones of Railways. When the zones were restructured and a new zone was created as East Central Railway, Hajipur options were asked for and in exercise of such option for administrative reasons transfers were effected. The East Central Railway, Hajipur started functioning from 01.10.2002 and the cadre was closed on 31.10.200 All was well till the petitioners of the present writ application, who also arrived in the said zone from different cadres, subsequently became beneficiary of grant of promotion as Head Clerks or thereafter. The promotion was granted to the petitioners making them senior to the private respondents, despite not being borne on the cadre. This is how the litigation started.