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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Union Of India – Appellant
Versus
Santosh Kumar S/o. Sri S. K. Narayan – Respondent
ORDER :
Per Goutam Bhaduri, J.
1. The order dated 26-7-2023 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting Bilaspur (henceforth ‘the CAT’), in OA No.203632017 is under challenge by the petitioner-Railways.
2. The respondent-Santosh Kumar filed the original application (OA) before the CAT seeking a direction towards the Railways to convene the meeting of DPC (Departmental Promotion Meeting) for his promotion to the post of Chief Public Relation Officer (CPRO) from the post of Senior Public Relation Officer (SPRO) on which he was working ad hoc promotion was made.
3. There is no dispute as to the fact that the respondent herein joined the service as a Public Relation Officer (PRO) in the South Eastern Railway (SER) w.e.f. 14-7-1997. Subsequently, he was promoted to the post of SPRO in the year 2004 against the work charged post of senior scale. The respondent claimed that he is entitled to be considered for promotion to the post of CPRO, which is a Group ‘A’ post, but the Railways failed to constitute the DPC as per the Indian Railways Public Relations Department (Group ‘A’ & ‘B’ posts) Recruitment Rules, 1982 (henceforth ‘the Rules, 1982’). The Rules, 198
Administrative instructions cannot amend statutory rules; existing rules must govern promotions in the Railways.
The court affirmed the validity of the merger of Senior Supply Inspectors with Area Rationing Officers effective from 30.06.2011, ruling that executive orders cannot override statutory rules.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
The court affirmed that executive instructions regarding promotions remain effective for cases initiated before new rules, emphasizing the need for eligibility consideration based on existing rules a....
The State Government is not competent to create ex-cadre posts and appoint officers to such posts without the approval of the Central Government.
Rule 14(v) of Rules of 1986, pre-amendment and post amendment, reads as Promotion.
The right to consideration for promotion is governed by the rules in effect at the time of consideration, not those in place when vacancies arose.
The main legal point established in the judgment is that an employee cannot compel the employer to grant promotion if the Government's decision is supported by valid reasons and is not arbitrary.
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