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2026 Supreme(Online)(CAT) 4128
CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, J, Mohan Pyare, Administrative Member
Manoj Kumar Mishra – Appellant
Versus
Union of India – Respondent
Original Application No.290 of 2011
For the Appellants/Petitioners: Shri Dharmendra Tiwari
For the Respondents: Shri Satish Dwivedi, Shri Anil Kumar
Group ‘B’ officers transferred on request to new railway zones get bottom seniority from date of taking over charge, not absorption order date, per Railway Board letter dated 03.12.1977, maintaining inter se seniority from parent railway.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Railway Board letters dated 22.08.2002, 13.05.2003, 24.11.2005 and 03.12.1977 - Creation of new railway zones - Seniority fixation of Group ‘B’ officers - Officer promoted to Group ‘B’ after option deadline of 23.09.2002, provisionally empanelled vide order dated 07.10.2004, took charge in new zone on 18.11.2004 - Permanent absorption decided on options per 22.08.2002 criteria but lien retained on parent railway - On request transfer to new zone, bottom seniority assigned from date of taking over charge as per 03.12.1977 letter: “If a Class II Officer is transferred from one Railway to another at his own request, he will be assigned the bottom seniority in class II on that Railway on the date he takes over there” - Impugned orders fixing seniority from absorption date quashed; seniority reckoned from taking over charge date vis-à-vis similarly promoted/transferred officers. (Paras 20, 21, 23, 24)
(B) Service Law - Inter se seniority - Officers from same selection process/parent railway maintain relative seniority in new zone unit; first selection officers senior to later bottom seniority transferees per IREM para 306. (Paras 6, 14, 20)
Facts of the case:
Applicant, selected via LDCE for Group ‘B’ in parent railway, posted to new zone vacancies, took charge on 18.11.2004, exercised options for absorption. Respondents fixed bottom seniority from 30.06.2006 absorption order, below certain private respondents, ignoring taking over charge date per 03.12.1977 instructions.
Findings of Court:
Impugned order dated 31.12.2010, provisional list dated 13.01.2011 and order dated 30.06.2006 quashed to extent of applicant’s seniority. Respondents directed to revise seniority from 18.11.2004 taking over charge, grant consequential benefits within four months.
Issues: Whether seniority of post-option deadline Group ‘B’ promotee on request transfer to new zone fixed from taking over charge date per 03.12.1977 or absorption order date; inter se seniority with earlier promoted private respondents and co-promotees.
Ratio Decidendi: Request transferees get bottom seniority from taking over charge date in new railway per 03.12.1977; applicant, working in new zone post-promotion, entitled to seniority therefrom, maintaining inter se position with parent railway seniors like respondent no.15; prior cited Tribunal orders followed.
Result: Original Application partly allowed.
| Table of Content |
|---|
| 1. factual background of applicant's promotion and options (Para 1 , 2 , 3 , 17 , 18 , 20) |
| 2. applicant's claim for seniority from charge takeover date (Para 4 , 5 , 6 , 10 , 11) |
| 3. respondents' defense of bottom seniority post-2002 options (Para 7 , 8 , 9 , 12) |
| 4. railway board rules on options, absorption, and seniority (Para 13 , 14 , 15 , 16 , 19 , 21) |
| 5. precedents favoring seniority from charge assumption date (Para 22 , 23) |
| 6. seniority fixed from 18.11.2004 takeover date (Para 24) |
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:
“A- Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 31.12.2010 and provisionally seniority list dated 13.01.2011 and order dated 30.06.2006 to the extent of giving seniority to the applicant on the basis of bottom seniority in the interest of justice.
B- Issue a writ order or direction in the nature of mandamus commanding the respondents to fix the seniority of the applicant on the criteria of OPTION and date of promotion in grade B in parent railway as per letter dated 22.08.2002.
C- Issue a writ order or direction in the nature of mandamus to direct the respondents to give the seniority to the applicant over and above Sri Munni Lal and M.P. Kushwaha and others on the basis of earlier selection and early OPTION and earlier joining of the applicant in the interest of justice and give all consequential benefits of seniority with interest and cost.
D- Issue a writ, order or direction in the nature this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. ”
2. Brief facts of this case are that the applicant was selected and appointed as Section Engineer (works) in Northern Railway and later posted in ADEN/NCR/ALD under the jurisdiction of North Central Railway (New Zone) at Allahabad. The Government of India, Ministry of Railway decided to create new Railway Zones and in terms of Ministry of Railways notifications dated 14.06.2002 and 04.07.2002, seven new Railway Zones were constituted and the Railway Board also decided that group “B” officers in position within jurisdiction of the new zonal railways shall continue to remain there irrespective of their lien for the time being. The Board further decided that options may be called from the group ‘B’ officers of various department including the officers working in senior scale on adhoc basis and also thus working in the divisions workshops etc. who are regularly appointed to group ‘B’ posts after due selection, for absorption in the same department in the new zones. It was providing that group ‘B’ officers who are already working in the Head Quarters or divisions of new zone should also exercise the option as indicated above and it was mentioned in para 4 that the seniority of group ‘B’ officers transferred to the new zones will be determined by making a separate unit for each department in the new zone and their seniority will be determined on the basis of date of regular appointment as group ‘B’ officers in the parent railway without disturbing the inter se seniority of officers transferred from the same railway. The respondents also issued letters for calling of options from staff to serve in the Head Quarter of new railway zones with determination of seniority of staff on transfer to the new zone to be done as per rules and regulations. The last date for exercising the option was 30.11.2002. The applicant submitted his option for absorption in N.C.R. on 15.09.2002 forwarded by ADEN/N.E. vide letter dated 03.10.2002. Similarly options were also called from group ‘B’ officers with instructions on determination of seniority vide letter dated 22.08.2002 and last date of exercise was 23.09.2002. Railway Board issued a letter dated 13.05.2003 in which the Railway Board decided that in partial modification of the instructions given in the letter da
