Seniority should be counted from the date of joining, not prior requisition.

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:

The instant application has been filed praying for the following relief:

“8.1. Clause 2(illi) of the Railway Board's Circular RBE.No. 107/2012 and orders issued so far based on the said clause (iii) including letter dated 08.05.2015 in particular be set aside and quashed.

8.2. Seniority of the applicants maintained in terms of para 2(iii) of the Railway Board Circular No. 107/2012 dated 26.09.2012 and decision in letter dated 08.05.2015, viz. provisional seniority lists as on 01.04.2011, 01.04.2016, 01.01.2018, 01.01.2019, etc be set aside and quashed.

8.3. Respondents be directed to revise the seniority of the applicants vis-a-vis the promotees as per rotation of vacancies under quota Rule and maintain seniority of the applicants from the date when eligibility and existence of vacancy coincided.

8.4. Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper

8.5. Cost of the case.”

2. Learned counsel for the applicant submits that the instant application has been filed against the wrong policy of denying seniority to the applicants, vis a vis their juniors and for not following the quota rota rule applicable for maintaining inter se seniority between direct recruits and promotees. The respondents are denying the due seniority to the applicants by wrongly relying on inapplicable and non est circulars of the Railway Board and arbitrarily departing from the policy followed since 1958, and in other Division viz. Lumding Division. The applicants are seeking seniority vis a vis the promotees from the date when the requisition was sent to the department.

3. It is a settled law of the Hon’ble Apex Court in K. Meghachandra Singh v. Ningam Siro , (2020) 5 SCC 689 which says that seniority cannot be counted to employee who is yet to be borne in the cadre and not from the date of requisition sent by department. But it would be counted from date when they join the department. In the instant case, applicants are entitled to seniority from the date of joining.