SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Raj) 12289

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Pushpendra Singh Bhati, Sandeep Shah, JJ
Union Of India – Appellant
Versus
Tara Singh – Respondent
D.B. Civil Writ Petition No. 10851/2025



Advocates:
For the Appellants/Petitioners: Deelip Kawadia
For the Respondents: Sarvan Kumar Malik

When railway recruitment occurs through both direct and departmental channels (GDCE) within the same cycle, seniority between promotees and direct recruits must follow the alternation prescribed by Rule 302; administrative delays in panel processing cannot defeat the seniority rights of departmental candidates.

Headnote:(A) Indian Railway Establishment Manual Vol.I - Rules 302 and 303(a) - Seniority determination - Direct recruitment vs. GDCE quota - Respondents were selected through GDCE quota initiated prior to direct recruitment-open market selection with the same examination date - Petitioners assigned seniority to direct recruits over GDCE promotees based on the date of panel receipt/training commencement - Rule 302 governs seniority between different modes of recruitment (promotees vs. direct recruits) mandating alternate positioning - Rule 303(a) is restricted to candidates appearing for training in subsequent batches/chances and is inapplicable here - Delay in panel receipt attributable to recruiting agency cannot prejudice candidate seniority. (Paras 10, 15, 16)

Facts of the case:
Respondents (departmental candidates) and open market candidates competed for the post of Assistant Loco Pilot via a single examination held on 13.02.2011. While the GDCE selection process was notified earlier (2009) than the direct recruitment (2010), the administrative delay in receiving the GDCE panel delayed their training relative to direct recruits. Petitioners fixed seniority favoring direct recruits, which was challenged by the respondents.

Findings of Court:
Administrative delays by a recruitment agency in transmitting panels do not permit the employer to penalize candidates in seniority. Rule 302 requires alternation of promotees and direct recruits where appointments occur within the same cycle.

Issues: Whether seniority should be fixed based on the date of panel receipt/training batch (as per Rule 303(a)) or by alternating promotees and direct recruits (as per Rule 302) when examination dates are concurrent.

Ratio Decidendi: Employees cannot suffer due to administrative delays beyond their control, and Rule 302 is the governing provision for inter-se seniority betweenpromotees and direct recruits, superseding manual procedural delays related to training batches under Rule 303(a).

Result: Writ petition dismissed.

Table of Content
1. summary of facts involving conflicting seniority lists for railway employees. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. summary of competing arguments regarding rules 302/303(a) and administrative delay. (Para 7 , 8)
3. court rules against penalizing employees for administrative and agency-level delays in seniority. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)

Judgment

(As per Hon'ble Sandeep Shah J.)

1. Date of conclusion of arguments 08.04.2026

2. Date on which judgment was reserved 08.04.2026

3. Whether the full judgment or only the operative part is pronounced: Full Judgment

4. Date of pronouncement 21.04.2026

1. The petitioners have filed the present writ petition challenging the validity and propriety of the impugned order dated 21.10.2024 passed by the learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur, whereby the Tribunal while disposing of the Original Application No.268/2015 filed by the respondents-original applicants, quashed and set aside the Assistant Loco Pilot (ALP) Seniority Lists dated 30.01.2015 and 02.07.2015.

Factual matrix:-

2. Brief facts of the case are that respondent-applicants were initially appointed to Group ‘D’ posts (Gangman/Trackman, Khalasi, Gateman) in the year 2008 and were posted at various railway stations under the control of North Western Railway, Jodhpur Division. The petitioners issued notification dated 29.06.2009, notifying 25% of direct recruitment quota posts in various Group ‘C’ categories through the General Departmental Competitive Examination (GDCE), for which applications were invited from regular serving railway employees. Subsequently, an Employment Notice dated 30.01.2010 was issued inviting applications from the open market for filling up the said posts. A single examination was conducted by the Railway Recruitment Board (RRB), Ajmer for selection against both the GDCE quota (departmental candidates) and the open market quota. The panel for open market candidates (direct recruitment) for the post of ALP comprising 176 candidates was prepared by RRB, Ajmer on 10.10.2011. This panel was received by Jodhpur Division from the Headquarters Office, NWR vide letter dated 17.10.2011. Consequently, these candidates were sent for pre-requisite training course. In contrast, the panel for the respondents-applicants (25% GDCE quota) comprising 10 candidates was prepared by RRB, Ajmer on 18.10.2011 but was received by Jodhpur Division from the Headquarters Office only vide letter dated 08.06.2012. The tabular date wise details are as under:-

Sr. No. Recruitment Category Date of publication of notification Closing date of notification Date of Examination Date of Preparation of Panel by RRB Date on which panel sent to HQ office
1. Direct recruitment through open market 30.10.2010 02.03.2010 13.02.2011 01.10.2011 10.10.2011
2. Recruitment through GDCE (departmental candidates) 29.06.2009 17.08.2009 13.02.2011 14.10.2011 18.10.2011

3. As a result, the respondents-applicants were sent for pre-requisite training later than the open market candidates. Based on this sequence, the petitioners issued a Provisional Seniority List dated 30.01.2015 and after consideration of objections against the same, a Final Seniority List dated 02.07.2015. Seniority was fixed in terms of Para 303(a) of the Indian Railway Establishment Manual Vol.I , which provides that candidates sent for initial training shall rank in seniority in the order of merit obtained in the examination held at the end of the training period before being posted against working posts. It further provides that those who join subsequent courses or pass in subsequent chances will rank junior to those who passed earlier.

4. Aggrieved by the aforementioned Seniority Lists, the respondents-applicants filed Original Application before the Central Administrative Tribunal, Jodhpur.

5. By the impugned order dated 21.10.2024, the learned Tribunal quashed and set aside the Sen

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top