Back
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Union Of India, Rep. Through The General Manager (P). – Appellant
Versus
Jiban Chandra Das, S/o. Lt. Babaul Chandra Das – Respondent
JUDGMENT :
(N. Unni Krishnan Nair. J) :
Heard Mr. G. Goswami, learned counsel for the petitioners. Also heard Dr. G. J. Sharma, learned counsel appearing for the respondent nos. 1 to 13.
2. The present writ petition has been instituted by the petitioners, assailing the Judgment and Order dated 22.11.2018, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in Original Application No. 040/00382/2016.
3. The respondent nos. 1 to 13, who were selected for appointment against the posts of Traffic Apprentices, vide the select dated 03.08.2005, were thereafter, deputed for training at the Zonal Railway Training School, Alipurduar for 24 months in the year 2008. On completion of their respective training course, the respondent nos. 1 to 13 had joined against their working posts on 26.04.2010. The respondent nos. 1 to 13, being aggrieved by the seniority positions assigned to them in the seniority list dated 12.03.2013 and 22.07.2015 in the cadre of SM/ASM/YM/TI-3 in the Pay Band of Rs. (9300-34800)+4200 Grade Pay below that of the respondent nos. 14 to 20, had instituted the above noted Original Application before the learned CAT, Guwahati Bench.
4. The respondent nos.
Seniority among direct recruits is determined by the date of joining after training, as per the Indian Railway Establishment Manual.
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
Seniority of a person who is appointed to a post in accordance with Rules by enjoying all the benefits of regular service are entitled to seniority from the date of appointment.
The petitioners were entitled to the benefit of FR 22-B, and the respondent authorities were directed to re-fix the scale of pay of the petitioners by giving them the benefit of FR 22-B.
The court ruled that seniority must be based on vacancy year not appointment date, ensuring uniform application of established seniority principles per previous judicial rulings.
The court affirmed that seniority must be determined based on the recruitment year, not appointment date, ensuring fairness against administrative delays.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
