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2025 Supreme(SC) 1661
SUPREME COURT OF INDIA
J.K. MAHESHWARI, VIJAY BISHNOI, JJ.
Union Of India & Ors. – Appellants
Versus
Alok Kumar – Respondent
Civil Appeal No. 11462 of 2025 (Arising Out Of Special Leave Petition (C) No. 17844 of 2023)
Decided On : 09-09-2025
For the Petitioner(s): Ms. Aishwarya Bhati, A.S.G. Ms. Poornima Singh, Adv. Mr. Digvijay Dam, Adv. Mr. Amrish Kumar, AOR
For the Respondent(s): Mr. Amit Sharma, AOR Mr. Ravi Kumar, Adv. Dr. Kaushlednra Narayan, Adv.
Headnote:(A) Master Circular No.29 dated 28.06.1991; Indian Railway Establishment Manual, 1989; Centralized Employment Notice No.02/2014 dated 20.09.2014 - Recruitment for Group 'C' posts - Requirement of passing prescribed departmental examination after training is emphasized; candidates must complete training and pass tests to retain positions. (Paras 3, 4, 21)
(B) Employment Notices and contractual obligations - Provisional appointments are subject to successful training completion, as outlined in appointment letters, with clear performance requirements. (Paras 5, 18)
(C) Discrimination claims - The Respondent alleged unfair treatment against other trainees; however, the Tribunal upheld the recruitment procedures and noted all trainees faced similar training requirements. (Paras 8.1, 22)
(D) Recovery of stipend - The Appellants claimed refund of stipend paid inadvertently; the court found no justification for the recovery. (Paras 24)
Facts of the case:
The case revolves around the dismissal of a trainee SSE who failed to pass mandatory training exams despite being provided two chances. Aggrieved by his dismissal and stipend recovery, he sought redress.
Findings of Court:
The High Court erred in ruling that no departmental examination was required for the Respondent's permanent appointment. The initial appointment was contingent upon successful training completion.
Issues: Whether the Respondent was required to pass a departmental examination post-training for permanent status.
Ratio Decidendi: The court determined that the Master Circular and appointment conditions mandating examination post-training were valid and applicable, supporting the decision to terminate the Respondent’s services for failing to pass required tests.
Result: Appeal allowed; High Court's judgment set aside, Writ Petition dismissed.
| Table of Content |
|---|
| 1. outline of recruitment process and training requirements (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. appellants argue legality of respondent's termination (Para 13 , 14 , 15) |
| 3. respondent claims discrimination in termination (Para 16) |
| 4. judicial analysis affirming necessity of training completion (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. clarification on stipend recovery issue (Para 24) |
| 6. final order dismissing respondent's petition (Para 25 , 26) |
JUDGMENT :
VIJAY BISHNOI, J.
Leave granted.
2. This appeal arises from the judgment and order dated 06.02.2023 passed by the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No. 12755 of 2021 (“impugned judgment”) by which the High Court allowed the Writ Petition filed by the Respondent herein.
FACTUAL MATRIX
3. The Railway Recruitment Board (“RRB”) established in various parts of India is the authority conducting recruitment for various Group ‘C’ non-gazetted posts of technical and non- technical categories in the Railways including the post of a Senior Section Engineer (“SSE”). The recruitment of the Group ‘C’ non-gazetted posts is governed by the Master Circular No.29 dated 28.06.1991 (“Master Circular”). The relevant provisions of the Master Circular are reproduced hereunder:
“2. The initial period of training, wherever prescribed for non-gazetted direct recruits in various categories of Group ‘C’ posts, is an important pre-requisite to be successfully completed, before a trainee is absorbed in the post for which he has been recruited. It is, therefore, not desirable to curtail the initial period of training. […]
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3. The qualifying examination at the end of initial training of directly recruited non-gazetted staff through the Railway Service Commissions (now Railway Recruitment Board) must necessarily be a written test.
3.1. The candidates should be warned, at the time of their recruitment that their retention in service will be dependent on their successfully completing the training and passing the requisite test” [Emphasis Supplied]
Clause 5 of the Master Circular says that the duration of training period and the syllabus for the various categories of Group ‘C’ staff are provided in Chapter I, Section B of the Indian Railway Establishment Manual, 1989 (“Railway Manual”). In the said Railway Manual, the duration of training period has been mentioned for each category of Group ‘C’ posts and for the post of SSE, the duration of training is provided as one year, i.e. 52 weeks. Further, Para 103 of Chapter I, Section B of the Railway Manual provides definitions of, inter alia, an “apprentice” or a “trainee” as well as the term “direct recruitment” which read as under:
“(iv) An “apprentice” or a “trainee” means a person undergoing training with a view to employment in railway service, who draws pay, leave salary, subsistence allowance or stipend during such training but is not employed in or against a substantive vacancy in the cadre of a branch of deptt. On satisfactory completion of his training he is eligible for appointment of probation in a substantive vacancy but no guarantee of such appointment is given.
(v) “Direct recruitment” means the recruitment to the Group ‘C’ service of any person not already in the service of the railways or any person in railway service who may be permitted to apply for appointment subject to possession of requisite qualifications along with outsiders according to the procedure laid down for recruitment.”
In the Railway Manual, it has also been specified that the training period for any specific post is to be decided by Zonal Railways and pursuant to that, the Ministry of Railways vide RBE No.11/2010 dated 15.01.2010 published the Revised Training Module.
4. The Centralized Employment Notice No.02/2014 dated 20.09.2014 (“Employment Notice”) was issued by the RRB, Muzaffarpur inviting applications from eligible Indian Nationals for, inter alia, the post of SSE, whereby the suitable candidates were to be recruited by way of a w
