COVID-19 related absences fall under administrative reasons, warranting seniority adjustments in accordance with governing rules.

ORDER :

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The Union of India, is in petition under Articles 226 and 227 of Constitution of India, calling in question Order dated 16.02.2024 in O.A.No.170/437/2022, passed by the Central Administrative Tribunal at Bengaluru, (‘Tribunal’, for short), allowing the application, directing the Union of India to extend the benefit of Rules determining the seniority of the applicant as per para-303(a) of Indian Railway Establishment Manual Vol-I (‘IREM’ for short), considering the absence of applicant for not attending the training scheduled on 28.09.2020 was due to administrative reasons with other directions.

2. The parties are referred to as per their rankings before the Tribunal.

3. A brief outline of facts leading to the filing of the present petition are as under:-

4. The petitioner presently working as Assistant Loco Pilot at Arasikere in Mysuru Division of South Western Railway.

5. In response to the recruitment notification issued by Railway Department (RRB), Bengaluru, being Notification No.CEN 01/2018, the petitioner applied for the post. Her RRB merit order was 788.

6. A pre-induction training is mandatory for absorption of person appointed to the post supra. The applicant was called upon through e-mail on 23.09.2020 to report the office of 2^nd respondent on 28.09.2020, for undergoing the aforesaid training.

7. The applicant booked all the necessary tickets for attending the training and she was about to start her journey from West Bengal to Bengaluru on 27.09.2020. However, she was called in fever on 26.09.2020. The Doctor who treated her advised to take rest for 5 days and advised to RT PCR test in view of COVID-19 pandemic at that point of time.

8. On 29.09.2020, the applicant sent an e-mail to the petitioner, narrating the facts of her absence in reporting with the 2^nd respondent and to attend the training scheduled, wherein she has stated that she was called in fever from 21.09.2020 morning. However, she was not with fever on 27.09.2020. The Doctor who treated her asked her to undergo a test for COVID-19, and she had submitted for the test on 28.09.2020 as she caught up with mild fever again. Because of these circumstances, she was unable to join for the training scheduled on 29.09.2020.

9. On 30.09.2020, the test COVID-19 was positive and she was under quarantine, as per the normal SOP prevailing at that point of time. On 07.10.2020, repeated test of COVID-19 was conducted and the result was in negative and she was declared as fit. After receipt of report she has sent an e-mail on 08.10.2020, expressing her inability to attend training scheduled on 28.09.2020 due to COVID-19. She has made a request for admitting her in new training batch. She was informed that new batch starts from 19.10.2020. The applicant attended the training and come out successful and absorbed in the post on 10.03.2021.

10. The petitioner issued a provisional seniority list of Assistant Loco Pilots (‘ALP’ for short), on 07.03.2022, showing the name of applicant at Sl.No.403 with remarks as “Requested for time to join”.

11. Dismayed by the same, the petitioner made a representation on 29.03.2022 requesting to fix her seniority as per her rank, claiming that the reasons for delay in joining training should be treated as administrative reasons, in view of COVID-19 emergency.

12. The petitioner turned down the request made by the applicant, stating that she was sent for training in 6^th batch as per her own volition and not for administrative reasons.

13. The petitioner thereafter issued final seniority list on 17.0