Pramod Kumar Singh vs M/o Railways - 2024 Supreme(Online)(CAT) 1803

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2024 Supreme(Online)(CAT) 1803

(CAT/AHMEDABAD BENCH OA NO.124/2020) 1 CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH Original Application No.124/2020. Dated this the day 22^nd of March, 2022. Reserved on: 15.09.2021 Pronounced on: 22.03.2022 CORAM: Hon’ble Sh. Jayesh V. Bhairavia, Member (J) Hon’ble Dr. A.K. Dubey, Member (A) 1. Pramod Kumar Singh Age: 40 years (Do Being 05.01.1980) Son of Shri Baban Singh, Presently serving as Senior Section Engineer, P.Way, PRJ Under the SSE (P. Way), HMT of Ahmedabad Railway Division of Western Railway Zone, Address for Communication:
Flat No. B, Akbar “B” Srinagar Society, Opp. My Life Hospital, Kalol-382 721 District : Gandhinagar.

2. Sanjeev Kumar Singh Age: 37 years (Do Being 05.02.1983) Son of Shri Heman Prasad Singh, Presently serving as Senior Section Engineer, P.Way, DHG, Under the SSE (P. Way), DHG-II, of Ahmedabad Railway Division of Western Railway Zone, Address for Communication:
Qtr. No.101, Home Town – 4, Near Dharti Nagar, IOC-Tragad Road, Chankkheda, Ahmedabad – 382 470.

3. Santosh Kumar Age: 35 years (Do Being 05.08.1984) Son of Shri Ram Niwas, Presently serving as Senior Section Engineer, P.Way, CHIB, Chirai under the SSE (P. Way), BCOB of Ahmedabad Railway Division, Western Railway Zone, House No.3, Narayan Homes, Ucharpi Road, (Near Parth City) (CAT/AHMEDABAD BENCH OA NO.124/2020) 2 Near Sai Baba Mandir, Post: Mehsana, Pin: 384 00, 1Gujararat.
…Applicants (By Advocate Mr. M. S. Rao) Vs
1. Western Railway (to be represented through its General Manager (E), W.Rly, Zone, Office of the General Manager (E), W. Rly. Hqrs. Office, Church Gate, Mumbai 400 020.

2. The Divisional Railway Manager (E), Ahmedabad Railway Division, Western Railway Zone, O/o. DRM (E), ADI, Near Chamunda Mata Bridge, Naroda Road, Ahmedabad – 380 025.

3. The Senior Divisional Engineer (CO) & (E) Ahmedabad Railway Division, O/o. Sr. DEN (CO) & (E), ADI, Ahmedabad Railway Divisional Office, Western Railway Zone, Near Chamunda Mata Bridge, Naroda Road, Ahmedabad- 380 025.

4. Shri Vikram Singh K., Presently serving as Junior Engineer (P.Way) O/o. SSE (P.Way), Bhildi, Ahmedabad Railway Division, Western Railway, Bhildi, District: Banaskanta - 385 530.

5. Shri Surendra Kumar Navrangram Presently serving as SSE (P.Way) Broad Gauge, Gandhidam, Ahmedabad Railway Division, Western Railway, Gandhidam, Dist. Kutch, Pin 370 201.
6. Shri Avnish Kumar Sharma Presently serving as JE (P.Way) Track Cell, under SSE (P.Way), Track Cell, O/o. DRM, Ahmedabad Railway Division, Western Railway, Near Chamunda Mata bridge, Naroda Road, Ahmedabad 380 025.

7. Shri Suman kumar Singh, Presently serving as JE (P.Way) (CAT/AHMEDABAD BENCH OA NO.124/2020) 3 USFD under SSE (P.Way), USFD, Ahmedabad Railway Division, Western Railway, Post: Dhrangdhara, Dist: Surendranagar, Pin 363 320.

8. Shri Girish Prasad Meena, Presently serving as JE (P.Way) RSW, ADI under SSE (P.Way), HMT, Ahmedabad Railway Division, Western Railway, Himmatnagar, Dist: Sabarkanta, Pin – 383 001.

9. Shri Sushyanta U. Behera, Presently serving as JE (P.Way) WC, ADI under SSE (P.Way,) ADI, O/o. DRM, Ahmedabad Railway Division, Western Railway, Near Chamunda Mata Bridge, Naroda Road, Ahmedabad – 380 025.

10. Shri Nirbhay Kant Jha, Presently serving as JE (P.Way) SBT Yard under SSE (P. Way), B.G. Sabarmati, Ahmedabad Railway Division, Western Railway, Sabarmati, Ahmedabad – 380 005.

11. Shri Davashish Pal S., Presently serving as JE (P.Way) USFD under SSE (P.Way), USFD, Gandhidham, Ahmedabad Railway Station, Western Railway, Gandhidham, Dist: Kutch - 370 201.

12. Shri Rajiv Kumar Parmlal Duneria, Presently serving as JE (P.Way) Piprala under SSE (P.Way), Adesar, Ahmedabad Railway Division, Western Railway, ADESAR, Dist: Kutch - 370 155.

13. Shri Devendra Kumar Mandal, Presently serving as JE (P.Way) USFD under SSE (P.Way), USFD, Mehsana, Ahmedabad Railway Division, Western Railway, Mehsana, - 384 002.

14. Shri Sudama Ramkesh Yadav, Presently serving as JE (P.Way), Adesar, Under SSE (P.Way), Adesar (CAT/AHMEDABAD BENCH OA NO.124/2020) 4 Ahmedabad Railway Division, Western Railway, ADESAR, Dist: Kutch, pin – 370 155.

15. Shri Saket Bihari Ramratan Prasad, Presently serving as JE (P.Way), Broad Gauge, Gandhidham, Under SSE (P.Way), Adesar Ahmedabad Railway Division, Western Railway, Gandidham, Dist: Kutch – 370 201.

16. Shri Ram Prakash Patel, Presently serving as JE (L.R.), Malia, Under SSE (P.Way) Malia, Miyana, Ahmedabad Railway Division, Western Railway, Post: Malia, Dist: Morvi – 363 670.

17. Shri Santosh Kumar S.
Presently serving as JE (P.Way), Ambaliyasan, Under SSE (P.Way) Kalol, Post: Ambaliyasan, Dist: Mehsana – 382 732.

18. Shri Sarata Kumar Keshav Charan Sahoo, Presently serving as JE (P.Way), Under SSE (P.Way), Bachhau Ahmedabad Railway Division, Western Railway, Post: Bachhau Dist: Kutch – 370 240.

19. Shri Dilip Kumar Nareshwar Ram Presently serving as JE (P.Way), Bhabhar, Under SSE (P.Way), Radhanpur, Ahmedabad Railway Division, Western Railway, Post: Bhabhar, Dist: Banaskanta - 385 320.

20. Shri Manoj Kumar Ratnkar Das, Presently serving as JE (P.Way), Varahi, Under SSE (P.Way), Radhanpur, Ahmedabad Railway Division, Western Railway, Post: Varahi, Dist: Patan : 385 360.

21. Shri Vidrendra Kumar B., Presently serving as JE (P.Way), Ambli Road, Under SSE (P.Way), Viramgam, Ahmedabad Railway Division, Western Railway, Post: Viramgam, Dist: Ahmedabad : 382 150.
(CAT/AHMEDABAD BENCH OA NO.124/2020) 5
22. Shri Bir Bahadur Prasad, Presently serving as JE (P.Way), Nandol Dehgam, Under SSE (P.Way), Himmatnagar, Ahmedabad Railway Division, Western Railway, Post: Dehgam, Dist: Gandhinagar : 382 305.

23. Shri Madan Lal A., Presently serving as JE (P.Way), Halvad, Under SSE (P.Way), Dhrangadhra-II, Ahmedabad Railway Division, Western Railway, Post: Halvad, Dist: Suredranagar : 363 330.

24. Shri Basant Kumar Presently serving as JE (P.Way), Work Charge, Engg. Control, Gandhidham, Under ADEN Gandhidham, Ahmedabad Railway Division, Western Railway, Post: Gandhidham, Dist: Kutch: 370 201.

25. Shri Indrajeet Kumar Singh, Presently serving as JE (P.Way), Nandol Dehgam, under SSE (P.Way), Himmatnagar, Ahmedabad Railway Division, Western Railway, Post: Dehgam, Dist: Gandhinagar, Pin: 382 305.

26. Shri Sanjay Kumar D., Presently serving as JE (P.Way), Khodiyar, Under SSE (P.Way), Broad Gauge, Sabarmati, Ahmedabad Railway Division, Western Railway, Post: Khodiyar Dist: Ahmedabad, pin: 382 421.

27. Shri Ramdas Kumar, Presently serving as JE (P.Way), Bhachau, Under SSE (P.Way), Bhachau, Ahmedabad Railway Division, Western Railway, Post: Bhachau, Dist: Kutch : 370 140.

28. Shri Kamal Kant Sharma, Presently serving as JE (P.Way), Ahmedabad, Under SSE (P.Way), Ahmedabad, Ahmedabad Railway Division, (CAT/AHMEDABAD BENCH OA NO.124/2020) 6 Western Railway, Near Chamunda Mata Bridge, Naroda Road, Ahmedabad – 380 025.

29. Shri Alikana Rama Rao T., Presently serving as JE (P.Way), Ahmedaad, Under SSE (P.Way), Ahmedabad, Ahmedabad Railway Division, Western Railway, Near Chamunda Mata Bridge, Naroda Road, Ahmedabad – 380 025.

30. Shri Bachu Prasad, Presently serving as JE (P.Way), Jakhwada, Under SSE (P.Way), Viramgam, Ahmedabad Railway Division, Western Railway, Post: Jakhwada, Dist: Ahmedaad, Pin - 382 150.
…Respondents (By Advocate Mr. M. J. Patel for official respondent no. 1 to 3 & None for the private respondents)

ORDER

PER: Hon’ble Shri Jayesh V Bhairavia, Member (J) 1. Aggrieved by the decision of the official respondents to lower down the settled seniority position of the applicants herein in the cadre of Sr. PWS (now JE), vide impugned revised seniority list dated 28.11.2019 (Annexure A/1) and the order dated 04.03.2020 (Annexure A/2 to A/4 colly.) whereby, the representations filed by the applicants against the show cause notice for withdrawal of their promotion from the post of SSE (PW) has been rejected by the official respondents, hence, the three applicants had jointly filed the instant OA u/s 19 of AT Act, seeking following reliefs:-

―8

(A)

Call upon the respondents herein to place before this Hon’ble

Tribunal for its perusal the entire original file/noting

file/documents ranging giving rise to the passing of the impugned

Seniority Lit at Annexure -A/1 hereto and also the aforesaid 3

of the respondent 3 herein;

(B)

Upon the close scrutiny and perusal of the aforesaid original file/

noting file / documents, your Lordships may be graciously further

pleased to quash and set aside (i) the Seniority List for the cadre

of Junior Engineer (Permanent Way) in Civil Engineering

Department of Ahmedabad Railway Division as circulated by the

respondent no.2 herein alongwith its impugned Notification

hereto in so far as it seeks to revise downward the settled seniority

position of the applicants herein and also (ii) all the impugned 3

and declaring that the decision of the competent authority in

Ahmedabad Railway Division, as conveyed by it in the aforesaid 3

impugned communications is ex facie arbitrary, unreasonable,

unfair, discriminatory, actuated by extraneous considerations and

contrary to the settled position of law on the subject as laid down

by the Hon’ble Supreme Court of

India, various Hon’ble High

Courts and also by this Hon’ble Tribunal in a catena of decisions;

(C)

hold and declare that (i) the seniority assigned to the applicants

herein in the feeder cadre of JE (P.Way) right from 2012 and the

consequent promotion granted to the applicants herein to the Post

based on the aforesaid settled seniority, are perfectly legal, valid,

proper and in accordance with the Railway Board’s instructions /

guidelines on the subject and that all the applicants herein are

entitled as of right to be continued to serve as SSE (P.Way) in

Ahmedabad

Railway

Division

without

any

interruption

whatsoever.

(D)

issue appropriate directions to the respondents herein to

permanently

restrain

themselves,

their

agents,

officers,

representatives, etc., from interfering with the service of the

applicants herein as SSE (P.Way) in pursuance of the aforesaid

impugned Seniority List circulated alongwith the impugned

the

aforesaid

communications

all

bearing

No.

A/2 to Annexure-A/4 hereto by the office of the respondent 3

herein;

(E)

Grant such other and further relief/s as may be deemed fit and

proper in the peculiar facts and circumstances of the present

case.‖

3.1 The applicants ha

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