Settled seniority positions of employees cannot be altered without valid justification and proper authority, as it affects promotions and employee morale.

ORDER

Per: Hon’ble Dr. Hukum Singh Meena, Member (A)

The instant OA has been filed by the applicant(s) under section 19 of the Administrative Tribunal Act 1985, against the Order No.E/L/05/02/5/2023/2 dated 15.05.2023 at Annexure-A/1 and pre-dated ADDENDUM bearing No. E/L/05/02/5/2023/2 order dated 24.06.2023 at Annexure- A/2 whereby the respondents had changed/revised the settled seniority of cadre of Assistant Loco Pilot (ALP) the applicants herein and all impugned Communication individual communication all bearing No.E/L/1025/5/15.VOL.III all dated 22.03.2024 (at Annexure-A/3 to Annexure-A/15 here), seeking following reliefs:-

“8. RELIEF ::

The applicants herein most respectfully pray that this Hon'ble Tribunal may be graciously pleased to:-

A. Call upon the respondents herein to place before this Hon'ble Tribunal for its perusal the entire original file / noting file /documents giving rise to the passing of the (i) impugned Notification bearing No.E/L/05/02/5/2023/2 dated 15.05.2023 at Annexure-A/1 hereto, circulating a revised Draft Seniority List for the cadre of Assistant Loco Pilot wherein the respective original seniority position of the applicants herein came to be revised downwards to the disadvantage of the applicants herein, (ii) impugned pre-dated ADDENDUM bearing No. E/L/05/02/5/2023/2, dated 24.06.2023 at Annexure-A/2 hereto whereby the seniority position of the applicants herein came to be further brought down to their disadvantage as also, (iii) all impugned Communication individual communication all bearing No.E/L/1025/5/15.VOL.III and all dated 22.03.2024 (at Annexure-A/3 to Annexure-A/15 here), signed by the APO(MECH)/BRC for and on behalf of the DRM(E), BRC, informing the applicants herein individually that keeping in view the facts and circumstances of the case of the applicants herein as well as the relevant rules and the instructions issued by the Ministry of Railways from time to time on the subject, it is concluded that the revised seniority position assigned to the applicants herein vide DRM(E), BRC;s Notification No.E/L/05/02/5/2023/2 dated 15.05.2023 followed by an ADDENDUM dated 24.06.2023 is legitimate in accordance with law and no further notifications are required in the seniority position of the applicants herein and therefore the applicants' request to assign them old seniority position in the ALP category is rejected

B. Upon the close scrutiny and perusal of the aforesaid original file / noting file /documents, your Lordships may be graciously further pleased to

B-1 quash and set aside the impugned Notification bearing No.E/L/05/02/5/2023/2 dated 15.05.2023 at Annexure-A/1 hereto, circulating a revised Draft Seniority List for the cadre of Assistant Loco Pilot in so far as it seeks to unilaterally reduce the settled seniority position of the applicants herein in the seniority list for ALP to their disadvantage; by holding and declaring that the impugned decision of the competent authority in Vadodara Railway Division, as conveyed by it in the aforesaid impugned Notification dated 15.05.2023 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 quash and set aside the impugned pre-dated ADDENDUM bearing No. E/L/05/02/5/2023/2, dated 24.06.2023 at Annexure-A/2 hereto whereby the seniority position of the applicants herein came to be further brought down to their disadvantage, in total violation of the express & extant instructions and guidelines issued by the Railway Board on the subject of determi