Central Administrative Tribunal - Bangalore
Shiva Kumar R vs M/O Railways on 30 May, 2018
1 OA.NO.170/00768-776 /2017
& OA.NO.170/0024 /2018 CAT, Bangalore
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00768-776 /2017
&
ORIGINAL APPLICATION NO.170/0024 /2018
DATED THIS THE 30th DAY OF MAY 2018
HON'BLE DR.KB.SURESH, MEMBER(J)
HON'BLE SHRI P. K. PRADHAN,MEMBER(A)
1.Sri.Shiva Kumar R, 51 years,
S/o Sri.Ravanappa
Deputy Chief Engineer/General (IRSE)
South Western Railway
Hubli: 580 020.
2.Sri.Chandrashekar, 52 years,
S/o Sri.T.K.Srikantaiah,
Deputy Chief Engineer/Construction/Project Planning (IRSE)
South Western Railway
Hubli: 580 020.
3.Sri.Jagadish S. Rudraswamy, 52 years,
S/o Sri.Siddaramiah,
Senior Divisional Engineer/Housekeeping Management (IRSME)
South Western Railway
Hubli: 580 020.
4.Sri.Narendra Kumar Arora, 54 years,
S/o Sri.Baldevraj Arora
Deputy Chief Engineer/Track Supply (IRSE)
South Western Railway
Hubli: 580 020.
5.Sri.B.Anjaneyalu 48 years,
S/o Sri.Penchalaiah
Deputy Chief Engineer/BOXNR (IRSME)
Headquarters, South Western Railway
Hubli: 580 020.
2 OA.NO.170/00768-776 /2017
& OA.NO.170/0024 /2018 CAT, Bangalore
6.Sri.C.Rajashekar 58 years,
S/o Sri.G.S.Chinnappa
Deputy Financial Advisor & CAO/Construction (IRAS)
South Western Railway
Hubli : 580 020.
7.Sri.N.Ravi, 50 years,
S/o Sri.C.Narasappan
Deputy Chief Signal Telecom Engineer/Project/Headquarters (IRSTE)
South Western Railway
Hubli: 580 020.
8.Sri.Ramanjaneya 53 years,
S/o Sri.Hanumanthappa,
Deputy CMM/Rolling Stock/Headquarters (IRSMM)
South Western Railway
Hubli: 580 020.
9.Sri.S.Vishnuvardhan, 56 years,
S/o Sri.Suryudu,
Deputy Chief Commercial Manager/Freight Services (IRTS)
South Western Railway
Hubli: 580 020. ...Applicants in OA 768-776 /2017
(By Shri PA.Kulkarni...... Advocate)
vs.
1.Railway Board,
Rail Bhavan,
New Delhi: 110 001,
By its Secretary.
2.Union of India,
to be represented by its Secretary,
Ministry of Railways,
Rail Bhavan,
New Delhi: 110 001.
3.Sri.R.K.Kushwaha
S/o Sri.Raj Kishore Kushwaha,
Assistant Signal and Telecom Engineer,
East Central Railway,
Danapur,
residing at No.899/D,
3 OA.NO.170/00768-776 /2017
& OA.NO.170/0024 /2018 CAT, Bangalore
Officers Rest House,
Near DRM Office, Khagaul
District Patna: 801 105.
4. General Manager,
South Western Railway,
Hubli: 580 020. .....Respondents in OA 768-776 /2017
(By Shri N.Amaresh ... Sr.Panel Counsel)
OA. NO.170/0024 /2018
Sri.A.Padmanabhan, 59 years,
S/o Sri.Krishnan,
Executive Engineer (Construction)
under Deputy Chief Engineer (Construction)
North Bengaluru Cantonment
South Western Railway
BENGALURU: 560 001. ...Applicant in OA. 24 /2018
(By Shri PA.Kulkarni...... Advocate)
vs.
1.Union of India,
to be represented by its Secretary,
Ministry of Railways,
Rail Bhavan,
New Delhi: 110 001.
2.Railway Board,
Rail Bhavan,
New Delhi: 110 001,
By its Secretary.
3.General Manager,
South Western Railway,
Hubli: 580 020.
4.Chief Personnel Officer,
South Western Railway Headquarters,
Hubli: 580 020.
5.Sri.Ravindra Biradar,
S/o Sri.Baburao Biradar,
Age: 32 years,
4 OA.NO.170/00768-776 /2017
& OA.NO.170/0024 /2018 CAT, Bangalore
Occn: DEN West Mysuru
Office of DRM, SWR,
Mysuru: 577 001.
6.Sri.Satyajeet Harne,
S/o Sri.Sunil Harne,
Age:28 years,
Occn: Executive Engineer/TM/Yeshwanthapur,
Track Machines Care Centre,
South Western Railway,
Bengaluru: 560 022. .....Respondents in OA.24 /2018
(By Shri N.Amaresh ... Sr.Panel Counsel)
ORDER (ORAL)
DR.KB.SURESH ...... MEMBER (J):
Heard. These two matters are similar. The reply filed in one case indicates that the Railways are unable to do anything because the Hon'ble Apex Court is in seisin of the issue which may have relevance here also. The issue is very simple. Both counsels agree that there are 2 quotas for Direct Recruit and promoted officers. These are independent in itself. The only question is what is to be the inter-se seniority among themselves. That being so whether the applicants come before or after can be decided after the Hon'ble Apex Court finally passes an order.
Therefore, we will now dispose of both the matters and in the earlier matter, because of the interim order, promotion has already been granted to the applicants. Here also there is no difficulty in granting promotion, if he is actually eligible for it. There will be a conditional order here. If the applicant is eligible, give him promotion within 2 weeks and finalize the inter-se seniority between the promotee officers and direct recruit officers 5 OA.NO.170/00768-776 /2017 & OA.NO.170/0024 /2018 CAT, Bangalore after the Hon'ble Apex Court passes an order. Both the OAs are thus allowed to this limited extent. No order as to costs.
(P. K. PRADHAN ) ( DR.KB.SURESH)
MEMBER(A) MEMBER(J)
bk
6 OA.NO.170/00768-776 /2017
& OA.NO.170/0024 /2018 CAT, Bangalore
Annexures referred to by the applicant in OA No.170/00768- 776 /2017 Annexure-A1-Apex Court's ruling in NR Parmar case reported in (2012) 13 SCC 340 Annexure-A2-DOPT OM dated 4.3.2014 Annexure-A3-Chairman Railway Board's speaking order dated 9/12-6- 2015 Annexure-A4-CAT Patna Bench order dated 3.5.2016 in OA 460/2015 filed by R-3 Annexure-A5- High Court of Patna order dated 12.5.2017 in CWP 10669/2016 Annexure-A6- Order sheet 18.9.2017 in SLP (C) 22444/2017 Annexure-A7- Order sheet 3.11.2017 in SLP (C) 22444/2017 Annexure-A8-SLP status report appearing on web side of the SC Annexure-A9-CAT Patna Bench order dated 16.11.2017 in CP 70/2017 filed by R-3 Annexure-A10-Railway Board impugned order dated 6.12.2017 Annexure-A11- Railway Board one more impugned order dated 7.12.2017 Annexure-A12-DOPT OM dated 28.3.2017 Annexure-A13-DOPT letter dated 18.4.2017 Annexure-A14- CAT BG order dated 28.6.2016 in OA 1517-1525/2014 Annexure-A15- Apex Court ruling dated 13.5.1994 in A.K.Nigam and others versus Sunil Mishra and another reported in (1994) Supp (2) SCC 245 Annexure-A16-Apex Court ruling dated 25.1.1994 in Ram Janam Singh versus State of U.P. and another reported in (1994) 2 SCC 622 Annexure-A17-Apex Court ruling dated 10.2.2011 in Pawan Prathap Singh and others versus Reevan Singh and others reported in (2011) 3 SCC 267 Annexures referred to by the respondents in reply in OA No.170/00768-776 /2017 Annexure-R1- Copy of order dated 15.12.2017 passed by Hon'ble Apex Court in IA No. 135415 of 2017 in SLP No.22444 of 2017 Annexure-R2-Copy of order dated 22.12.2017 passed by Central Administrative Tribunal Madras Bench in OA.No.310/01936/2017 7 OA.NO.170/00768-776 /2017 & OA.NO.170/0024 /2018 CAT, Bangalore Annexures referred to by the applicant in OA No.170/00024 //2018 Annexure-A1-Copy of the Group 'A' promotion order dated 5.5.2016 Annexure-A2-Copy of the impugned order dated 5.1.2018 Annexure-A3- CAT Patna Bench order dated 3.5.2016 in OA 460/2015 Annexure-A4- High Court of Patna order dated 12.5.2017 in CWP 10669/2016 Annexure-A5- Order dated 15.12.2017 in SLP (C) 22444/2017. Annexure-A6-CAT Patna Bench order dated 16.11.2017 in CP 70/2017 Annexure-A7- CAT Patna Bench order dated 2.1.2018 in CP 70/2017 Annexure-A8-Copy of the Railway Board order dated 6.12.2017 Annexure-A9- Railway Board order dated 7.12.2017 Annexure-A10-CAT BG interim order dated 12.12.2017 passed in OA 768/2017 Annexure-A11- CAT Principal Bench order dated 3.1.2018 in OA 27/2018 along with typed copy Annexure-A12-CAT Hyderabad Bench order dated 14.12.2017 in OA 1110/2017 Annexure-A13-CAT Allahabad Bench order dated 14.12.2017 in OA 1543/2017 Annexure-A14- CAT Madras Bench order dated 29.12.2017 in OA 1936/2017 Annexure-A15-Railway Board order dated 3.6.2016. Annexure-A16- Apex Court's ruling in NR Parmar case reported in (2012) 13 SCC 340 Annexure-A17- DOPT OM dated 4.3.2014 Annexure-A18-Order dated 28.6.2016 passed by CAT BG in OA 1517- 1525/2014 Annexure-A19-DOPT OM dated 28.3.2017 Annexure-A20-DOPT communication dated 18.4.2017 Annexure-A21-Railway Board's communication dated 20.12.2017 to GM East Central Railway Hajipur 8 OA.NO.170/00768-776 /2017 & OA.NO.170/0024 /2018 CAT, Bangalore