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2025 Supreme(Online)(CAT) 7328
CENTRAL ADMINISTRATIVE TRIBUNAL
Mallika Arya, AM, Akhil Kumar Srivastava, J
Rajmohan – Appellant
Versus
Union of India, Ministry of Railway – Respondent
Original Application No. 393 of 2013
For the Appellant: Ms. Kaushiki Sharma holding brief of Shri Akash Choudhury
For the Respondents: Shri Surendra Pratap Singh
Promotions cannot be claimed on the grounds of entitlement based on alleged wrongs against others; eligibility must be individually assessed according to lawful guidelines.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion - Applicant sought to set aside earlier order, claiming entitlement for promotion based on prior discipline matter resolved - The applicant's seniority and promotion rights were addressed in backdrop of mutual transfers, promotions, and punishments applicable as per IREM regulations. Court affirmed denial of promotion and seniority reassignment was lawful based on the established facts. (Paras 1-12)
(B) Employment Law - The principle that wrongful promotions do not entitle one to claim rights - Court referred to precedent emphasizing entitlement must be established separately from the wrongful benefits conferred to others. Decision reiterated personal merits must dictate promotions. (Para 11)
Facts of the case:
The applicant was denied promotion and seniority revisements post transfer based on prior disciplinary actions resulting in reduced pay. He completed requisite training and sought advancements that were legally questioned based on internal railways guidelines.
Findings of Court:
The facts presented affirmed that the applicant’s promotion was lawful, aligning with specified internal guidelines, after a history of discipline affected accordingly. The application for promotion had no merit as conditions were not met.
Issues: The application primarily highlights claims for wrongful denial of promotional benefits based on resolved disciplinary matters.
Ratio Decidendi: The ruling encapsulated that established penalties impact eligibility for subsequent promotions; lawful adherence to IREM guides interpretation was pivotal in this determination. Court highlighted that promotions must be based on individual qualifications, not comparisons with improperly promoted individuals.
Result: O.A. is dismissed.
| Table of Content |
|---|
| 1. procedural issues regarding promotion and seniority. (Para 1 , 2 , 3) |
| 2. arguments regarding procedural fairness in promotions. (Para 4 , 5 , 6 , 7) |
| 3. court's view on legality and eligibility for promotions. (Para 8 , 9 , 10) |
| 4. legal principle regarding entitlement to promotional benefits. (Para 11) |
By Mallika Arya, AM.-
By means of the instant Original Application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed to set aside the order dated 14.03.2013 (Annexure A-1) and to direct the respondents to promote him to the post of Shunter and then Loco Pilot Goods-II from the date when his juniors and similarly situated employees were promoted with all consequential benefits. Prayer has also been made for a direction to the respondents to reassign his correct seniority in the cadre of Sr. Assistant. Loco Pilot and further revise the same in subsequent seniority lists with all consequential benefits.
2. The facts of the case, in brief, are that the applicant was initially appointed on the post of Assistant Loco Pilot on 04.07.2005 and after completing the requisite training he was posted as Assistant Loco Pilot on 13.04.2006. While working on the post of Assistant Loco Pilot, the applicant was served with a charge-sheet dated 22.11.2008 and after a full-fledged departmental enquiry, punishment of reduction to the initial pay for a period of five years with cumulative effect was imposed on 06.11.2009 (Annexure A/2). Thereafter, the applicant filed an appeal and the Appellate Authority who decided the same vide order dated 26.10.2010 (Annexure A/3) reducing the punishment from major penalty to minor penalty by reduction to the lowest pay in the Pay Band of Rs.5200-20200/- for a period of two years without cumulative effect.
3. The applicant has stated that while he was posted in Western Railway, Ratlam Division, he applied for mutual transfer vice one Shri Sachin Verma who was posted as Assistant Loco Pilot at Jabalpur Division of West Central Railway and after the concurrence of both the railways , he was relieved vide order dated 02.02.2011 (Annexure A/4) and he joined in Jabalpur Division on 10.02.2011. (Annexure A/5). The applicant has also stated that he was given seniority as Asstt. Loco Pilot in the seniority list at Sr. No.212A between Sr. No.212 and 213 i.e. Shri Shashikant Choubey, ALP and Brajesh Kumar Chourey, ALP. Later on the respondents altered his seniority in seniority list published on 16.10.2009, (Annexure A/6). The applicant has contended that when he came on mutual transfer to Jabalpur Division, his seniority was correctly fixed as per the provisions of Para 310 of IREM which provides that railway servants transfered on mutual exchange from one cadre of a Division/ Office or Railway to the corresponding cadre in another Division/Office or Railway shall get their seniority on the basis of the date of promotion to the grade or will take seniority of railway servant with whom they have exchanged whichever of the two may lower. Since Shri Sachin Verma was senior to the applicant therefore as per the provisions of Para 310 IREM, the applicant retained his original seniority as on 13.04.2006 in the cadre of Assistant Loco Pilot (in short ALP).
4. The applicant has further submitted that as per the channel of promotion in the running category, the ALPs (Diesel Assistant) are having further channels of promotion to the post of Shunter and Goods Driver. The requisite length of service for promotion to the post of Shunter and Goods Driver is two years in the feeder post of ALP. However, due to cadre restructuring a new post of Senior ALP has been created in the hierarchy of the promotional channel. Thereafter, the respondents vide Order dated 23.2.2011 (Annexure A/7) upgraded several ALPs working in the Pay Band of Rs.5200-20200/- with Grade Pay of Rs.1,900/- to the post of Senior ALP in the Pay Band of Rs.5200-20200/- with Grade Pay of Rs.2,400/-. However, the applicant wa
