Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 2325

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, J, Mohan Pyare, A
Mohd. Aslam Alvi – Appellant
Versus
Union of India – Respondent
Original Application No.1319 of 2011

Advocates:
For the Appellants/Petitioners: Shri Ravi Sharma
For the Respondents: Shri Rishi Kumar

Employee on own-request transfer to new railway cadre with bottom seniority retains inter-se merit position over juniors despite delayed processing due to administrative lapses; cannot suffer for departmental delay violating equality.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Service law - Seniority fixation - Transfer to new zonal railway on own request with bottom seniority - Applicant declared successful in selection on parent railway, placed at higher merit position than certain juniors - Options for lien fixation invited simultaneously, but juniors' transfers processed earlier vide orders dated 30.06.2006 while applicant's delayed to 15.03.2007 due to administrative lapses in completing proposal - Applicant placed below juniors in new seniority list, affecting promotion - Held, employee cannot suffer for departmental delay or lapses; inter-se seniority from parent railway to be maintained even on bottom placement in new unit - Notional promotion directed from date of juniors' promotion with consequential benefits. (Paras 8, 10, 11, 12)

(B) Constitutional law - Article 14 - Equality - Government servant should not suffer for lapses, mistakes or delay on part of administration - Violation where simultaneous transfer requests processed differentially without justification, reversing inter-se seniority. (Para 8)

Facts of the case:
Applicant appointed in 1976, transferred departments, selected for Group 'B' post (Assistant Engineer) in 2003 on parent railway with name at serial no. 8 in merit panel of 21, juniors at lower positions. Retained in new zonal railway, submitted option for lien on bottom seniority timely in April 2006 along with juniors, but juniors absorbed w.e.f. 30.06.2006, applicant w.e.f. 15.03.2007 due to incomplete proposal requiring back reference. Seniority fixed below juniors; juniors promoted to senior scale w.e.f. 13.02.2009, applicant given ad-hoc promotion days before retirement on 31.07.2011. Representations rejected citing later transfer order.

Findings of Court:
O.A. partly allowed - Respondents directed to grant notional promotion to applicant w.e.f. date his juniors promoted, with notional consequential salary benefits and pension re-fixation within three months.

Issues: Whether applicant entitled to seniority above juniors transferred earlier despite higher merit on parent railway; impact of administrative delay in processing simultaneous transfer options on inter-se seniority and promotion.

Ratio Decidendi: On own request transfers to new cadre with bottom seniority accepted, but inter-se seniority among transferred officers from same parent railway preserved based on original merit; no justification for differential processing of simultaneous options, attributable to administrative lapses - employee protected from suffering departmental delay per Article 14.

Result: Original Application partly allowed.

Table of Content
1. application seeks seniority and promotion reliefs. (Para 1)
2. applicant's career history and transfer to ncr. (Para 2 , 3 , 4)
3. wrong seniority fixation and delayed promotion grievances. (Para 5 , 6)
4. respondents justify bottom seniority per rules. (Para 7)
5. rejoinder invokes inter-se seniority preservation. (Para 8)
6. administrative lapses cannot prejudice employee's seniority. (Para 9 , 10 , 11)
7. notional promotion from juniors' date ordered. (Para 12)
8. associated applications disposed without costs. (Para 13)

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“8.1 That the Hon’ble Tribunal may graciously be pleased to direct the respondents, to fix the seniority of the applicant on the post of Assistant Engineer correctly with effect from 30.06.2006 instead from 15.03.2007 and his seniority should be fixed over his junior e.g. Shri M.K. Khare and others.

8.2 That the Hon’ble Tribunal may graciously be pleased to direct the GM(P), NCR, Headquarters Office, Subedarganj, Allahabad to issue promotion order of the applicant in senior scale on the post of Executive Engineer with effect from 13.02.2009 as per order No. 30/2009 dated 13.02.2009 issued by the General Manager (P), NCR, Allahabad promoting juniors to the applicant, with all consequential benefits w.e.f. 13.02.2009 in senior scale.

8.3 That the Hon’ble Tribunal may graciously be pleased to direct the GM (P), Headquarters Office, NCR, Allahabad to fix the pay of the applicant in senior scale on the post of Executive Engineer with effect from 13.02.2009 and may also kindly direct him to make payment of arrear of salary in senior pay scale from 13.02.2009 to 31.07.2011, the date of retirement of the applicant on the post of Executive Engineer and also to make balance payment of all the retiral dues and pensionary benefits along with re-fixation of pension on the basis of revised pay fixation on the post of Executive Engineer w.e.f. 13.02.2009.

8.4 That the Hon’ble Tribunal may graciously be pleased to direct the respondents to pay interest on the arrear of pay, balanced payment of retiral dues and pensionary benefits to the applicant @ 18 % per annum from on the amount due to the applicant w.e.f. 13.02.2009 to the date it is actually paid to him.

8.5 That the Hon’ble Tribunal may graciously be pleased to allow heavy cost in favour of the applicant.

8.6 That the Hon’ble Tribunal may graciously be pleased to pass any other order or direction as may deem fit and proper in the facts and circumstances of the case.”

2. Brief facts of this case as stated in the O.A. are that the applicant was appointed on 03.01.1976 on the post of Apprentice Chargeman in grade Rs. 425- 700/- under the Chief Workshop Manager, Northern Railway, Lucknow in Mechanical Department in 1978. He was transferred from Lucknow to Jhansi on his request as Chargeman 'B' grade Rs. 425 700/- and was posted under the Chief Workshop Manager, Central Railway, Jhansi in the Mechanical Department. In 1978 the applicant was transferred from Mechanical Department to Engineering Department of Jhansi Division and was posted as Chargeman /Track Machine, under the Executive Engineer /Track Machine, Central Railway, Jhansi, and since then he continued to work under the same authority. In July, 2003 a new Zonal Railway was formed i.e. North Central Railway with headquarters office at Allahabad. After the formation of this new Zonal Railway, the Jhansi Division of Central Railway came within the jurisdiction of North Central Railway. The General Manager, Central Railway, Mumbai, CST, conducted selection for promotion to Group 'B' post (Assistant Engineer) in Civil Engineering Department of Central Railway, against 70% LGS quota -2002. It was held on 01.07.2003 and the applicant being eligible senior candidate also appeared in the aforesaid selection and he was declared successful and h

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2026 Supreme(Online)(CAT) 2325

CENTRAL ADMINISTRATIVE TRIBUNALOm Prakash VII, J, Mohan Pyare, AMohd. Aslam Alvi – AppellantVersusUnion of India – RespondentOriginal Application No.1319 of 2011

Employee on own-request transfer to new railway cadre with bottom seniority retains inter-se merit position over juniors despite delayed processing due to administrative lapses; cannot suffer for departmental delay violating equality.

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, J, Mohan Pyare, A
Mohd. Aslam Alvi – Appellant
Versus
Union of India – Respondent
Original Application No.1319 of 2011