Narayan Vs. Union India & Ors  INSC 1537 (2 December 1996)
Singh, K. Venkataswami Venkataswami. J.
third respondent Govind sahai was promoted by a order dated 24.4.1976 as Diesel
Foreman. Aggrieved by that, the appellant challenged that order of promotion by
filing Writ Petition (Civil) No. 153 of 1978 in the High Court of Rajasthan
which was subsequently transferred to the Central Administrative Tribunal and
numbered as T.A.No. 359/86.
to the appellant, the said govind Sahai was junior to hm as Diesel Chargeman
'C' Grade and the promotion of the said Govind Sahai overlooking seniority of
petitioner was liable to be quashed.
Tribunal while noticing the admitted position that prior to 1969, the third
respondent was junior to the appellant found from records valid reasons for
overlooking the claims of the appellant. The Tribunal after noticing the
relevant factor observed as follows:- Admitted position is that Govind Sahai
was promoted in 1969 as Chargeman on the reversion of the applicant and the
applicant was again promoted in 1970 and he was again reverted and subsequently
he was promoted in 1972. Naturally, Govind Sahai who was junior entered the Higher
grade in 1969 and continued to hold the same, eventually the length of service
of higher grade will have to counted.
not stop-gap arrangement but it was on the action of reversion of the applicant
that Govind Sahai was promoted. The promotion of Govind Sahai of Higher post on
24.4.1976 is also good as he was holding the post of the Chargeman from 1969
whereas the applicant was holding the post from 1971. So, naturally, Govind sahai
was entitled for promotion earlier than the applicant and there is nothing
wrong in it." It is also seen from the records that as early as in 1976.
The representation made by the appellant to treat him as a senior to Govind Sahai
was rejected by the Railway Board in their communication no
RB/OSD/ER/279/96/Aii dated 4.5.1976. The said communication inter alia reads as
follows:- He (the appellant) was assigned seniority with reference to date of
his joining the working post in terms of orders contained in Railway Board's
letter No. e(NG) 60 SR 6/2 of 16.11.1961 according to which seniority of direct
recruits and rankers in the vacancies arising on and after 16.11.1961 is to be
fixed with reference to the date of joining the working post in the case of
former and the date of promotion in the case of latter subject to the condition
that the inter se seniority of the staff in the respective group is not
disturbed. He was promoted to scale Rs. 250-380 (A) with effect from 22.6.72
and prior to this he was promoted twice and on both the occasions he was
reverted due to unsatisfactory work and accordingly he lost seniority over
those who were promoted during the period he was not considered suitable for
supplied) It is also seen from the records that the appellant was not
successful in challenging his earlier reversions. It is also not shown that the
appellant has successfully challenged the Railway Board's communication dated
spite of the above clear position, the appellant who appeared in person
repeatedly argued challenging his reversions in the year 1969 and 1971. We do
not think that we can entertain that argument to challenge the promotion give
to the third respondent, particularly, in the light of Railway Board's
communication dated 4.53.76 in which the appellant was clearly informed that he
has lost his seniority to said govind Sahai.
circumstances, we do not find any substance in the appeal and the same is
dismissed accordingly. However, there will be order as to costs.