Karnataka High Court
The Union Of India vs Dharam Singh Meena on 23 August, 2023
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P. No. 59731/2014
C/W W.P. No. 59733/2014
W.P. No. 183/2015
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 59731 OF 2014
C/W
WRIT PETITION NO. 59733 OF 2014
WRIT PETITION NO. 183 OF 2015 (S-CAT)
IN W.P. No. 59731 OF 2014
BETWEEN:
1. THE UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
KESHAVAPURA
HUBLI-560 020.
2. THE DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
MYSORE DIVISION
MYSORE-570 001. ...PETITIONERS
(BY SHRI. Y.T. ABHINAY, ADVOCATE)
AND:
K. UNNIKRISHNAN
S/O LATE PARUKORTTY
AGED ABOUT 61 YEARS
RETIRED SENIOR TRACKMAN
W.P. No. 59731/2014
C/W W.P. No. 59733/2014
W.P. No. 183/2015
2
RESIDING AT DOOR NO. 151/3
I MAIN, 2ND CROSS, METTAGALI
MYSORE-570 001. ...RESPONDENTS
(V/O DATED 15.09.2021 RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
02.04.2014 PASSED IN OA. No.899/2013 BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE (ANNEX-C) AND
CONSEQUENTLY DISMISS THE APPLICATION.
IN W.P. No.59733 OF 2014
BETWEEN:
1. THE UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
KESHAVA KRUPA
HUBLI-560 020.
2. THE DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
MYSORE DIVISION
MYSORE-570 001.
3. THE ADDITIONAL DIVISIONAL
RAILWAY MANAGER
SOUTH WESTERN RAILWAY
MYSORE DIVISION
MYSORE. ....PETITIONERS
(BY SHRI. Y.T. ABHINAY, ADVOCATE)
AND:
1. DHARAM SINGH MEENA
S/O HARI LAL MEENA
AGED ABOUT 35 YEARS
WORKING AS KEYMAN
OFFICE OF SENIOR SECTION ENGINEER
SOUTH WESTERN RAILWAY
YALVIGI RAILWAY STATION
W.P. No. 59731/2014
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W.P. No. 183/2015
3
SUBNUR TALUK
HAVERY DISTRICT-581 110.
2. LAKSHMAN SINGH MEENA
MAJOR
SENIOR SUPERVISIOR/P.WAY
OFFICE OF SENIOR SECTION ENGINEER
SOUTH WESTERN RAILWAY
KABAKAPUTHUR RAILWAY STATION
KABAKAPUTHUR
DAKSHIN KANNADA DISTRICT-574 220.
3. MICHEAL TIRKEY
MAJOR
SENIOR SUPERVISIOR/P.WAY
OFFICE OF SENIOR SECTION ENGINEER
SOUTH WESTERN RAILWAY
SUBRAMANYA RAILWAY STATION
SUBRAMANYA ROAD
DAKSHIN KANNADA DISTRICT-574 238.
4. SAHEB LAL MURUMU
MAJOR
SENIOR SUPERVISIOR/P.WAY
OFFICE OF SENIOR SECTION ENGINEER
SOUTH WESTERN RAILWAY
SAKLESHPUR RAILWAY STATION
SAKLESHPURA
HASSAN DISTRICT-573 134. ...RESPONDENTS
(BY SHRI. M. SUBRAMANYA BHAT, ADVOCATE FOR R2 TO R4;
R1 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
27.06.2014 PASSED IN OA. No. 1482/2013 BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE (ANNEX-C) AND
CONSEQUENTIALLY DISMISS THE APPLICATION.
IN W.P. No.183 OF 2015
BETWEEN:
1. THE UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY
W.P. No. 59731/2014
C/W W.P. No. 59733/2014
W.P. No. 183/2015
4
KESHAVA KRUPA
HUBLI-560 020.
2. THE DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAY
MYSORE DIVISION
MYSORE-570 001.
3. THE ADDITIONAL DIVISIONAL
RAILWAY MANAGER
SOUTH WESTERN RAILWAY
MYSORE DIVISION
MYSORE. ...PETITIONERS
(BY SHRI. Y.T. ABHINAY, ADVOCATE)
AND
1. D.R. ANNAPPA
S/O D.N. RANGE GOWDA
AGED ABOUT 55 YEARS
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, HAS-SKLP
AT HASSAN, NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
HASSAN-573 201.
HASSAN DISTRICT
KARNATAKA STATE
2. P. RAJENDRA
S/O KUNLI RAMAN
AGED ABOUT 43 YEARS
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, HASSAN
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
HASSAN-573 201.
HASSAN DISTRICT
KARNATAKA STATE
3. K.R. SHIVAKUMAR
MAJOR
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C/W W.P. No. 59733/2014
W.P. No. 183/2015
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ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, RANIBENNUR
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
RANEBENNUR-581 115.
4. RAKESH KUMAR MEENA
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, MOLAKALMURU
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
MOLAKALMURU-577 535.
KARNATAKA STATE.
5. DHANNARAM MEENA
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, TIPTTUR
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
TIPTUR-572 201.
TUMKUR DISTRICT
KARNATAKA STATE
6. RAM LAKHAN MEENA
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, DAVANGERE
NEAR RAILWAY STATION,
SOUTH WESTERN RAILWAY
DAVANAGERE-577 001.
DAVANAGERE DISTRICT
KARNATAKA STATE
7. KHADIR BASHA
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
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C/W W.P. No. 59733/2014
W.P. No. 183/2015
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PERMANENT - WAY, YALVIGI
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
YALVIGI-58110.
KARNATAKA STATE
8. LAKHMAN SINGH MEENA
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, KABAKAPUTTUR
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
KABAKAPUTTUR-572 440.
KARNATAKA STATE
9. MICHEAL TIRKEY
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, SUBRAMANYA ROAD
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
SUBRAMANYA-574 238.
KARNATAKA STATE
10. SAHEB LAL MURUMU
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, SAKLESHPUR
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
SAKLESHPURA-573 134.
HASSAN DISTRICT
KARNATAKA STATE
11. D.T. MANJUNATH
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, HAS - SKLR AT HASSAN
NEAR RAILWAY STATION
W.P. No. 59731/2014
C/W W.P. No. 59733/2014
W.P. No. 183/2015
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SOUTH WESTERN RAILWAY
HASSAN-573 201.
HASSAN DISTRICT
KARNATAKA STATE
12. B. NAVEEN KUMAR
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, KRISHNARAJA NAGAR
NEAR RAILWAY STATION
SOUTH WESTERN RAILWAY
KRISHNARAJA NAGAR-571 602.
MYSORE DISTRICT
KARNATAKA STATE
13. B. SIDDARAJU
MAJOR
ADDRESS- OFFICE OF THE
SENIOR SECTION ENGINEER
PERMANENT - WAY, ARSIKERE
NEAR RAILWAY STATION,
SOUTH WESTERN RAILWAY
ARSIKERE-573 103.
HASSAN DISTRICT
KARNATAKA STATE ...RESPONDENTS
(BY SHRI. A.V. GANGADHARAPPA, ADVOCATE FOR R1 & R2;
R3-SERVED;
SHRI. M. SUBRAMANYA BHAT, ADVOCATE FOR R4-R13)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PAYING TO QUASH THE ORDER DATED
27.06.2014 PASSED IN OA. NO. 897-898/2013 BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE VIDE ANNEXURE-C AND
CONSEQUENTIALLY DISMISS THE APPLICATION.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 16.08.2023, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, P.S. DINESH KUMAR, J., PRONOUNCED THE
FOLLOWING:-
W.P. No. 59731/2014
C/W W.P. No. 59733/2014
W.P. No. 183/2015
8
ORDER
In all these Writ petitions, the contesting private respondents were not promoted as Senior Supervisors in Indian Railways. They approached the CAT in O.A. No. 897 of 2013 and 898 of 2014 (disposed of by a common order),O.A. No. 1482 of 2013 and O.A. No. 899 of 2013. The CAT has allowed all four O.As. Feeling aggrieved, Union of India, Ministry of Railways is before this Court.
2. We have heard Shri. Y.T. Abhinay, learned Standing Counsel for the Railways and Shri. Gangadharappa, learned Advocate for the respondents.
3. Brief facts of the case are, South Western Railways proposed to fill up the posts of Senior Supervisor Permanent Way in pay band of 9,300-34800 + Grade pay of Rs.4,200 against 50% of promotional quota in Civil Engineering Department. Accordingly, applications were invited from all regular Permanent Way Gang Staff who had put in 3 years of service i.e., Gangmate working in pay band of W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 9 Rs.5,200-20,200+ 1900 Grade pay, Keyman in pay band of Rs.5,200-20,200+ 1800 Grade pay and Trackman/Gateman/Trolleyman/SWM in pay band of Rs.5,200-20,200+ Grade pay of Rs.1,800. The candidates declared passed in the written examination, had to undergo a medical fitness test and those found fit in the Medical Tests would be placed in the select list in the order of their inter se seniority for promotion as Senior Supervisors Permanent Way.
4. Following four private respondents wrote the written examination, but they were not selected.
W.P. No. O.A. No. Name Date of Post Marks
Joining obtained
in written
exam
183 of 897 of D.R.Anappa and 01.11.2003 Trackman 84 and
2014 2013 and P. Rajendra and
898 of 93.5
2013 23.12.1993
59733 of 1482 of Dharam Singh 05.04.2006 Keyman 80
2014 2013 Meena (STcategory)
59731 of 899 of K.Unnikrishnan 20.11.1978 Sr.Trackman
2014 2013 (presently
retired)
5. They approached the CAT and their applications have been allowed. Hence these Writ petitions. W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 10
6. Shri. Abhinay praying to allow the writ petitions mainly submitted that:
Marks obtained in the qualifying exam only entitles candidates to be considered for the post of Senior Supervisor Permanent Way, subject to their inter se seniority; Selection list was strictly as per inter se seniority of the employee who have qualified in the written examination to the extent of vacancies notified and not based on their marks obtained in the written examination; The Tribunal has erred in holding that the Railway Board's order was applicable to Senior Trackmen. The order clearly states that it is applicable to employees working in the existing category of Track Supervisor. The respondents herein were working as Senior Trackmen and not Track Supervisors; W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 11 Respondent in W.P.No.59731 of 2014 has retired from service on attaining the age of superannuation on 31.03.2013. Therefore, the said respondent was not in the selection list.
7. Shri. Gangadharappa for the respondent mainly contended that:
Candidates who are juniors, to the private respondents and who have scored less marks than the respondents have been promoted; Seniority must be taken region wise on the date of appointment;
Selection is based on seniority-cum-merit.
Therefore, private respondents who are seniors ought to have been selected.
8. We have carefully considered rival contentions and perused the records.
9. Undisputed facts of the case are, applicants were working as Trackmen, Keyman and Senior Trackmen. By the W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 12 Notification dated 01.02.2012, Annexure-A11, Railways have called for applications for the post of Senior Supervisor Permanent Way from those working in different categories including the aforementioned three categories. Clause 7 of the Notification reads as follows:
"7. The eligible volunteers will be subjected to a written examination, such of those who are declared passed in the written examination will be subjected for medical fitness in Aye-three. Those who are found fit in Aye-three will be placed in the select list in the order of their inter-se seniority for promotion as Sr. Supervisors P.Way subject to the recommendation of the committee to the extent of the vacancies notified."
10. A careful perusal of the above shows that candidates who pass the written examination and the medical fitness test shall be placed in the select list in the order of their inter se seniority for promotion as Senior Supervisors Permanent Way.
1 All annexures referred as per W.P.No.183/2015 W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 13
11. The case of private respondents is that they had obtained more marks than those selected and promoted; Railways ought to have considered the seniority region wise.
12. We have carefully perused the order passed by the CAT in OA No.899/2013. The CAT has recorded that the Selection Board would consider the suitability of eligible staff on the basis of seniority. Having recorded such a finding, the CAT has held that applicant therein, would be eligible for the benefit of new Rule with effect from 22.03.2007 and has declared that the applicant therein, stood promoted as Senior Supervisor Permanent Way.
13. As rightly contended by Shri. Abhinay, Railways have followed the norms prescribed in the Notification Annexure-A1. We may record that in the inter se seniority2 list of Trackmen, the private respondents namely Dharam Singh Meena, D.R. Annappa and Rajendran were at Serial No.14, 15 and 16, whereas, the selected Trackmen, B. 2 Produced at page 61 in W.P. No.183/2015 W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 14 Naveen Kumar and Siddaraju were at Serial No.11 and 12. So far as K. Unnikrishnan, Senior Trackman is concerned, he attained the age of superannuation on 31.03.2013 before issuance of Memorandum as per Annexure-A4 recommending the selected 15 candidates for promotion.
14. It is relevant to note that the inter se seniority of Trackmen as on 21.07.2011 has been produced by the applicants Annappa and Rajendran before the CAT. It is pleaded in their application that they had obtained the said seniority list under RTI as per Annexure-A10. It is significant to note that the said Seniority list issued in 2011 and it is not under challenge. The select list as per Annexure-A4 has been prepared based on the Seniority List produced by the applicants themselves.
15. Shri. Gangadharappa has mainly urged three contentions. The first contention is that the applicants have obtained more marks in the written examination. This ground W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 15 is untenable because, in the Notification as per Annexure-A1, the mode of promotion has been clearly spelt out.
16. Based on the recommendation of the 6th CPC3, the Railway Board in its communication, Annexure-R5, has prescribed the manner in which the inter se seniority of all employees in erstwhile Group-D would be maintained and it reads as follows:
"3 xxxx
(i) xxxx
(ii) Inter-se-seniority of all the employees in erstwhile Group 'D' will be fully maintained with Group 'D' employee in a higher pre-revised pay scale being placed higher vis-à-vis an employee in a lower pay scale. Within the same pre-revised pay scale, seniority which existed prior to revision would continue."
17. The above condition shows that pass in the written examination qualifies a candidate for consideration for promotion in terms of their inter se seniority subject to medical fitness.
3 Central Pay Commission W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 16
18. The second contention is that the seniority of candidates ought to have been considered region wise. This ground is also not tenable because, both successful and unsuccessful candidates are found in the Common Seniority List as per Annexure-A10 dated 21.07.2011 and it has remained unchallenged.
19. The third contention is that the selection ought to have been based on seniority-cum-merit. As such, promotions have given as per the condition maintained in Annexure-R5, extracted above. The candidates were only required to pass a qualifying written test and medical examination. Therefore, the third ground is also untenable.
20. Having carefully gone through the impugned order in O.A. No.899/2013, we are of the opinion that the CAT has not considered the first Notification as per Annexure-A1 calling for applications and the mode of placement based on inter se seniority. Further, the CAT has declared the applicants as 'promoted'. It is settled that, the Courts shall W.P. No. 59731/2014 C/W W.P. No. 59733/2014 W.P. No. 183/2015 17 not substitute the opinion of the Selection Board. At best, the Court can quash the selection by recording cogent reasons and direct the authorities to redo the selection. Therefore, the said impugned order and orders in O.A. Nos. 899/2013 , 897/2013 & 898/2013 and 1482/2013 which are based on Order in O.A. No.899/2013 are not sustainable in law. Resultantly, these writ petitions merit consideration. Hence, the following:
ORDER
i) Writ petitions are allowed.
ii) Order dated April 2, 2014 in O.A. No.899/2013 is set aside.
iii) Order dated June 27, 2014 in O.A. No. 897/2013 and 898/2013 is set aside.
iv) Order dated June 27, 2014 in O.A. No. 1482/ 2013 is set aside.W.P. No. 59731/2014
C/W W.P. No. 59733/2014 W.P. No. 183/2015 18
v) O.As. No. 899/2013, 897 of 2013 & 898 / 2013 and 1482/2013 are dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS