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2026 Supreme(Online)(CAT) 10000
CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR
Akhil Kumar Srivastava, Judicial Member, Mallika Arya, Administrative Member
Ranjeet Kumar Jaiswal – Appellant
Versus
M/o Railways – Respondent
Original Application No. 571 of 2017
For the Appellants/Petitioners: Manan Agarwal
For the Respondents: Satyendra Kumar Patel
Executive instructions cannot retrospectively override statutory rules to alter settled seniority, especially when such instructions are found to be arbitrary or misapplied.
Headnote:The case involves the application of the Indian Railway Establishment Manual (IREM) Paras 301, 302, 303, 306, and 307. The applicants, recruited as Traffic Apprentices in a specific pay scale, challenged a revised seniority list dated 06.05.2014. This revision was based on a circular which placed them below employees who were in position as of 04.09.2008, effectively placing them below those in a lower pre-revised pay scale (Para 2). The court found the application of this circular to be arbitrary and contrary to the statutory rules. The main issue is the applicability of a specific circular while reckoning the seniority between merged pay scales on implementation of 6th CPC recommendations (Para 7). The court reasoned that any circular or directive cannot have a retrospective effect in service matters as it upsets settled positions (Para 8). Furthermore, it was held that executive instructions cannot overrule statutory provisions of the IREM, and changing seniority rules would require a formal amendment of the statutory provision (Para 9). "the Original Application No. 571/2017 is allowed. Consequently, para (iii) of the RBE No. 107/2012 and the seniority list published on 06.05.2014 (Annexure A-10) are quashed. The respondents are directed to restore the original seniority of the applicants with consequential benefits."
By Smt. Mallika Arya, JM.-
The present original application has been directed against the impugned order dated 29.08.2016 (Annexure A-14) whereby the representation of one of the applicants has been rejected. The applicants have also prayed to declare clause (iii) of RBE No. 107/2012 dated 26.09.2012 (Annexure A-8) as ultra-vires and to quash the amended seniority list dated 06.05.2014 (Annexure A-10) so far as it relates to them with consequential benefit including upholding the seniority list dated 29.12.2010.
The brief facts of the case are that the applicants were directly recruited and appointed as Traffic Apprentice in pay scale Rs. 5500-9000. They joined the post on 30.06.2008 except the applicant no. 2 who joined on 03.07.2008. Thereafter, the applicants were sent for training in which they were declared pass. The applicants have stated that in the seniority list of Station Master Cadre published on 29.12.2010 (Annexure A-9), they were placed at Sl. No. 130, 126, 133, 132, 130 and 128 respectively. Thereafter, the Railway Board issued RBE No. 107/2012 dated 26.09.2012 (Annexure A-8) stipulating in para (iii) that where recruitment for the posts in different pre-revised pay scales was initiated separately for each posts, prior to acceptance of recommendations of 6th CPC i.e. prior to 04.09.2008 but selected individuals joined duty on or after 05.09.2008 in the revised pay scale against the posts which have been granted same Grade Pay, such staff will be assigned seniority enbloc below those who were in position as on 04.09.2008. Pursuant to the above RBE No. 107/2012, the respondents have published seniority list dated 06.05.2014 (Annexure A-10) in Station Master Cadre in the merged pay scale of Rs. 9300-34800 + GP Rs. 4200/- in respect of erstwhile pay scale (Rs. 5500-9000) and (5000-8000) showing the seniority position of the applicants at Sl. 235, 232, 231, 233, 237 and 238 respectively. Thereafter, the applicants submitted identical representations separately but the respondents have considered only the representation of the applicant no. 1 dated 08.06.2016 and have rejected the same vide order dated 29.08.2016. Being aggrieved the applicants have filed the instant original application.
Learned counsel for the applicants have stated that the seniority list dated 06.05.2014 has not been prepared in accordance with para 306 and 307 of IREM (Annexure A-12). The learned counsel for the applicants has further submitted that the applicants were appointed in pay scale Rs. 5500-9000 and sent for training on 01.07.2008. As per para 302 and 303 of IREM, this date is relevant for reckoning seniority in pay scale of Rs. 5500-9000. The learned counsel for the applicants has also submitted that the action of the respondents is arbitrary in changing their service condition pursuant to para (iii) of RBE No. 107/2012 due to which they have been placed below the junior employees (who were in pay scale of Rs. 5000-8000 i.e. before merger of pay scales) in the seniority list dated 06.05.2014. Thus, the learned counsel for the applicants has prayed that the impugned para (iii) of RBE No. 107/2012 and amended seniority list may quashed and the seniority position of the applicants may be restored as per seniority list dated 29.12.2010. In support of his contentions, the learned counsel for the applicants has cited the order dated 23.10.2018 passed by CAT, Hyderbad Bench in OA No. 516/2014 with connected OAs – Avdesh Kumar & Ors. Vs. UOI & ors and the order dated 07.11.2024 passed in OA No. 1165/2016 – Sanjay Kumar & Anr. Vs. UOI & Ors. During the course of the arguments, the learned counsel for the applicants has also placed a copy of letter dated 03.10.2025 issued by the Railway Board.
The respondents 1 to 4 have contested the claim of the applicants and have filed their reply. No reply has been filed on behalf of respondents 5 to 10 despite notice. The contesting respondents in their reply have stated th
