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SUPREME COURT OF INDIA
(BEFORE KULDIP SINGH AND YOGESHWAR DAYAL, JJ.)
A.K. NIGAM AND OTHERS
Versus
SUNIL MISRA AND ANOTHER .
Civil Appeal No. 6037 of 1993 {From the Judgment and Order dated 5-3-1993 of the Central Administrative Tribunal (Principal Bench), New Delhi in O.A. No. 1422 of 1987}, decided on May 13, 1994
Advocates appeared
K. Madhava Reddy, Senior Advocate (T.C. Sharma, D. Prakash Reddy and Neelam Sharma, Advocates, with him) for the Appellants; Harish N. Salve, Senior Advocate (Ms Meenakshi Grover, R. Chatterjee and Arun K. Sinha, Advocates, with him) for the Respondent 1.
P.P. Malhotra, Senior Advocate (R.P. Srivastava and Ms C.V.S. Rao, Advocates, with him) for the Respondent 2.
Employment and Service matter - Junior Scale - Seniority - Appellants 1 and 2 were appointed to grade of Section Officers (Rs 650-1200) (Group B) in Railway Board Secretariat Service (RBSS) on basis of IAS, etc. Examination, and joined service respectively - Appellant 3 joined RBSS as Section Officer (Rs 650-1200) (Group B) on based on the IAS etc. Examination - Appellants were found suitable for appointment to Junior Scale, Group A of IRPS by a duly constituted DPC and as such were promoted to above grade from RBBS against 50% quota reserved for Class II Officers - Appellants 1 and 2 were substantively appointed to Junior Scale of IRPS on and by applying clause (a) of principle (vii) of the Principles for determining the Relative Seniority of Class I Officers of All Services on Indian Railways Except Officers of Medical Department and other Misc. Categories (in short Principles), reckoning weightage for seniority, their date for increment in time-scale worked out - Taking into account the pay, appellants were to get in Junior Scale, Grade A of IRPS, appellants were granted benefit of weightage in seniority to maximum extent of 5 years and thus, seniority of appellants were reckoned from so far as appellants 1 and 2 were concerned and so far as appellant 3 was concerned, by going 5 years backward who was substantively appointed to Junior Scale, Grade A of IRPS – Held, In the present case the RBSS is in the nature of a lower grade of similar service - Appellants were promoted from Class II Service to Class I Service and rules having been framed for determining the seniority based on the grant of increments - Having once determined date of increment, rest follows and consequently conferment of seniority - Learned counsel for respondent 1 submitted that these very appellants had earlier appeared in present Class I Service but had not qualified and were selected only for Class II Service and when Respondent 1 was selected for Class I Service, appellants were still in Class II Service - Court are afraid this argument has no merit once Court uphold - First principle of seniority and second provision for grant of weightage - Principle for determination of seniority had not been challenged before Court - Only challenge before us was the grant of weightage for past service as Class II Officers - Court have noticed earlier even order by which date of earning increment in time-scale was determined by appropriate Government for appellants 1 to 3 was never questioned and in any case could not be questioned while challenging seniority list which was prepared as late - For aforesaid reasons appeal is allowed
Judgment
YOGESHWAR DAYAL, J.- This is an appeal on behalf of appellants - S/Shri A.K. Nigam, K. Thiagarajan and Suresh Kumar against the judgment dated 5-3-1993 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1422 of 1987 filed by Respondent 1 Shri Sunil Misra challenging the seniority list of Indian Railways Personnel Service (JS/SS) Officers as on 1-3-1987. By the aforesaid order the Tribunal had accepted the application of Respondent 1 and held that the appellants herein could not be ranked senior to him.
2. For appreciating the controversy it would be necessary to refer to the facts.
3. Appellants 1 and 2 were appointed to the grade of Section Officers (Rs 650-1200) (Group B) in the Railway Board Secretariat Service (RBSS) on the basis of IAS, etc. Examination, 1977 and joined the service on 9-7-1979 and 21-7-1979 respectively. Appellant 3 joined the RBSS as Section Officer (Rs 650-1200) (Group B) on 10-6-1980 based on the IAS etc. Examination, 1978.
4. Shri Sunil Misra, Respondent 1, appeared in the Civil Services Examinations held in 1980 and was selected for Indian Railways Personnel Service (in short IRPS) as direct recruit Class I Officer on 12-1-1982.
5. On 25-7-1983 the appellants applied for promotion to Junior Scale, Group A of IRPS from RBSS, when options were called for from them.
6. On 15-2-1984 the appellants were found suitable for appointment to Junior Scale, Group A of IRPS by a duly constituted DPC and as such were promoted to the above grade from RBBS against 50% quota reserved for Class II Officers. Appellants 1 and 2 were substantively appointed to the Junior Scale of IRPS on 15-2-1984 and by applying clause (a) of principle (vii) of the Principles for determining the Relative Seniority of Class I Officers of All Services on Indian Railways Except Officers of the Medical Department and other Misc. Categories (in short Principles), reckoning the weightage for seniority, their date for increment in time-scale worked out to 15-2-1979. Appellants 1 and 2 were to get Rs 900 in Junior Scale, Grade I while appellant 3 Rs 940 and as such were entitled for maximum weightage of 5 years for the purpose of seniority. Taking into account the pay, the appellants were to get in Junior Scale, Grade A of IRPS, the appellants were granted benefit of weightage in seniority to the maximum extent of 5 years and thus, the seniority of the appellants were reckoned from 15-2-1979 so far as appellants 1 and 2 were concerned and 24-12-1980 so far as the appellant 3 was concerned, by going 5 years backward who was substantively appointed to the Junior Scale, Grade A of IRPS on 24-12-1985.
7. Appellants 1 and 2 having completed 5 years service on 15-2-1984 itself were posted in Senior Scale, Grade A of IRPS as soon as they joined their respective railways viz., Western (appellant 1) South Central (appellant 2). They were also promoted to Junior Administrative Grade with effect from 14-5-1987 by reckoning their services from 15-2-1979, as one who has completed 8 years of service, is eligible for consideration for promotion to Junior Administrative Grade.
8. On 21-5-1987 the Railway Board circulated a seniority list of IRPS Officers to all the zonal railways, vide its letter dated 21-5-1987. The said seniority list did not contain the name of appellant 3 as his date for increment in time-scale was decided only during 1988.
9. Aggrieved by this seniority list, Respondent 1 made a representation to the Chief Personnel Officer, Rail Coach Factory, Kapurthala, Jullundur. However, the same was rejected and Respondent 1 was informed that the seniority to the appellants has been correctly assigned. Against the rejection of his representation by order 20-8-1987, Respondent 1 filed OA No. 1422 of 1987 before the Central Administrative Tribunal, Principal Bench, New Delhi.
10. It will be noticed that the challenge before the Tribunal was to the grant of weightage of 5 years to the appellants for purposes of seniority as
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