Chattisgarh High Court
The Secretary Railway Board vs Sanjay Kumar Patel 61 Wps/4475/2018 ... on 23 October, 2018
Bench: Ajay Kumar Tripathi, Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4398 of 2018
1. The Secretary, Railway Board, Ministry of Railways, Rail Bhawan, Raisena
Road, Rafi Marg, New Delhi- 110001
2. Union of India Through General Manager, South East Central Railway, New
GM Building, Bilaspur, Chhattisgarh- 495004
3. Chief Personnel Officer South East Central Railway New GM Building,
Bilaspur, Chhattisgarh - 495004
4. Deputy Chief Engineer, Track Machine, Third Floor, New GM Building, Bilaspur,
Chhattisgarh - 495004
---- Petitioners
Versus
1. Sanjay Kumar Patel S/o Ram Gopal Patel Aged About 31 Years Posted As
JE/TM/SECR/BSP, R/o R K Nagar, Phase - II, Plot No. 242 R/A, District
Bilaspur (C.G.) - 495004, Mobile No. 7225021122
2. Tikam Chand Sahu S/o Jagjivan Ram Sahu Aged About 30 Years Posted As
JE/TM/SECR/R, R/o H. No. 736, Aadarsh Chowk, Sunder Nagar, Raipur (C.G.)
- 492001
3. Vikash Kumar Rathore S/o Shri D.P. Rathore, aged about 36 years, Posted As
JE/TM/SECR/BSP, R/o 42/1064, Devnandan Nagar - I, Seepat Road, SECL,
Bilaspur (C.G.) - 495006
4. Pravin Nirmal S/o Late Krishna Kumar Nirmal Aged About 28 Years, posted as
JE/TM/SECR/R, R/o C/o Vikas Giri Goswami, Near Jhanda Chowk, Shiv
Nagar, New Changorabhata, Raipur (C.G.) - 492013
5. Nand Kishor, Junior Engineer/Track Machine, SECR, Raipur (C.G.) - 492008
6. Harish Kumar Lahare, Junior Engineer/Track Machine, SECR, Bilaspur (C.G.)
- 495004
7. Siddarth Khobragade, Junior Engineer/Track Machine, SECR, Nagpur (MH).
8. Vinod Kumar Lakra, Junior Engineer/Track Machine, SECR, Raipur (C.G.) -
492008
---- Respondents
For Petitioners : Shri H.S. Ahluwalia, Advocate. For Respondents : Shri Sanjeev Verma, Advocate appears on behalf of Shri A.V. Shridhar, Advocate.
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Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 23.10.2018
1. Heard the parties.
2. Keeping in mind the Constitution Bench decision which has been rendered in SLP (C) No.30621 of 2011 i.e. Jarnail Singh & Others Vs. Lachhmi Narain Gupta & Others and analogous cases decided on 26.09.2018, the law laid down by the Hon'ble Supreme Court in M. Nagraj Vs. Union of India reported in (2006) 8 SCC 212 still holds the field.
3. If this be so, the writ application is dismissed. No interference is warranted with the impugned order dated 05.04.2018 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur in O.A. No.203/00751/2017 since the order/orders granting promotion in breach of the ratio of the M. Nagraj case by the Railways cannot be sustained.
Sd/- Sd/-
(Ajay Kumar Tripathi) (Parth Prateem Sahu)
Chief Justice Judge
Brijmohan