Central Administrative Tribunal - Mumbai
Sanjay Kumar Krishnakanth And Ors vs Central Railway on 20 January, 2026
1 OA.457/2021
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI.
O.A.457/2021
Dated this Tuesday the 20th day of January, 2026.
Coram: Hon'ble Mr. Shri Krishna, Member (Administrative)
Hon'ble Mr. Umesh Gajankush, Member (Judicial).
1. Vivek Kumar Dubey,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Railway Quarter No.600B, RB-II, Ajanta Colony,
15 Block, Bhusawal, State of Maharashtra,
Pin Code: 425 201.
2. Anil Shukla,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
F.No.9A, Royal Heights, Varangaon Road,
Bhusawal, State of Maharashtra, Pin Code: 425 201.
3. Kishor Kumar Ahirwar,
Working as Senior Goods Guard (Group "C" post),
Under Station Manager, Central Railway,
Hemant Anant
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
Khandwa, M.P. and residing at:
29, MA Vatsala Vihar, Khandwa, District : Khandwa,
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
Madhya Pradesh, Pin Code - 450001.
4. Sanjay Kumar,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
House No.05, Pratik Height, Garud Plot, Behind
2 OA.457/2021
Kashinath Lounge, Bhusawal, State of Maharashtra,
Pin Code: 425 201.
5. Sumit Kumar,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
580(B), RB-II, Account Colony, 15 Block Area,
Near Varangaon Road, Bhusawal, State of Maharashtra,
Pin Code: 425 201.
6. Niranjan Kumar
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
MB-570/D, 15 Block, Alora Colony, Bhusawal,
State of Maharashtra, Pin Code: 425 201.
7. Rajbhar Surendra Kumar,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
A-9, Amey Apartment, Tapti Nagar, Bhusawal,
State of Maharashtra, Pin Code: 425 201.
8. Rahul Palya,
Working as Senior Goods Guard (Group "C" post),
Hemant Anant
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
(Maharashtra State) Pin Code-425201, and residing at:
C/o Prashant Jhare, Plot No.2, Siddhivinayak Nagar,
Near Container Yard, Bhusawal, State of Maharashtra,
Pin Code: 425 201.
9. Kumar Rahul Malviya
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
3 OA.457/2021
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Megh Malhar Phase-2, Flat No.403, Varangaon Road,
Bhusawal, District : Jalgaon, State of Maharashtra,
Pin Code: 425 201.
10. Amit Kumar,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
570-B, Alora Railway Colony, Bhusawal,
State of Maharashtra, Pin Code: 425 201.
11. Satya Prakash Gupta,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Orbit Apartment, Float No.05, 2nd Floor, Near AGL School,
Varangaon Road, District : Jalgaon, State of Maharashtra,
Pin Code: 425 201.
12. Hari Mohan Meena,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
1051-C, 15 Block, Varangaon Road, Bhusawal,
State of Maharashtra, Pin Code: 425 201.
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
13. Dashrath Gopal Rathore,
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
Working as Senior Goods Guard (Group "C" post),
Under SM Khandwa, Bhusawal Division,
Pin Code-425201, and residing at:
C/o Amar Singh Rawat, Vatsala Vihar, Civil Lines,
Khandwa, State M.P. Pin Code: 450001.
14. Umesh Prasad,
Working as Senior Goods Guard (Group "C" post),
4 OA.457/2021
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
RB-II, 34/C, 15 Block, Bhusawal, District : Jalgaon,
State of Maharashtra, Pin Code: 425 201.
15. Yogesh Kumar,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
RB-II1011/A, Ajanta Colony, 15 Block, Bhusawal,
District : Jalgaon, State of Maharashtra, Pin Code: 425 201.
16. Deepak Kumar Pandey,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
C/o K.K. Malviya, Siddhi Vinayak Nagar,
Near Container Yard, Bhusawal, District : Jalgaon,
State of Maharashtra, Pin Code: 425 201.
17. Sameer Kumar Gupta,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Megh Malhar Phase-II, Flat No.404, Varangaon Road,
Nar Gorach Mandir, Bhusawal, Distirct : Jalgaon,
Hemant Anant
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
State of Maharashtra, Pin Code: 425 201.
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
18. Pintu Meena,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Railway Quarter No.MB-566-D, 15 Block, Bhusawal,
District : Jalgaon, State of Maharashtra, Pin Code: 425 201.
5 OA.457/2021
19. Sanjay Kumar Saw,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
15 Block, D/S 1061 "F", Ellora Colony, Bhusawal,
State of Maharashtra, Pin Code: 425 201.
20. Siddharth Kumar Pandey
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Royal Heights, A-11, Nahata Nagar, Varangaon Road,
Bhusawal, District : Jalgaon, State of Maharashtra,
Pin Code: 425 201.
21. Rakesh Kumar Meena,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Sambhaji Nagar, Plot No.40, District-Jalgaon,
State of Maharashtra, Pin Code: 425 201.
22. Amit Kumar Sahay,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Hemant Anant
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
Megh Malhar Phase-II, Flat No.401, Varangaon Road,
Bhusawal, State of Maharashtra, Pin Code: 425 201.
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
23. Chandra Shekhar Prasad,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
Quarter No.1214/G, POH Colony, Kandari,
Bhusawal, State of Maharashtra, Pin Code: 425 201.
6 OA.457/2021
24. Kamlesh Choudhary,
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
RB-II, 1083-H, Ajanta Colony, 15 Block, Bhusawal,
District : Jalgaon, State of Maharashtra, Pin Code: 425 201.
25. Sanjay Kumar,
Working as Senior Goods Guard (Group "C" post),
Under Station Manager, Khandwa, Central Railway,
Khandwa, M.P. and residing at: C/o Satish Borade,
Ravindra Nagar, Khandwa, Madhya Pradesh,
State of Maharashtra, Pin Code: 452 003.
26. Raj Kishor
Working as Senior Goods Guard (Group "C" post),
Under CYM (Chief Yard Manager), Central Railway,
Bhusawal Yard, Bhusawal, District: Jalgaon
(Maharashtra State) Pin Code-425201, and residing at:
D-41, Hospital Road, Badnera, District Amravati,
Pin Code: 425 201. State of Maharashtra. .. Applicants.
( By Advocate Shri R.G. Walia ).
Versus
1. Union of India,
Through Secretary, Railway Board,
Rail Bhavan, Raisina Road,
Hemant Anant
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
Rafi Ahmed Kidwai Marg,
New Delhi - 110 011.
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
2. DRM (Divisional Railway Manager),
DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
3. Sr. DPO (Divisional Personnel Officer),
Office of Sr. DPO, Central Railway,
7 OA.457/2021
Bhusawal Division, Bhusawal,
Dist: Jalgaon - 425 201.
4. Sagar Pandit Sonawane,
Working as Senior Goods Guard, under DRM
(Divisional Railway Manager), Bhusawal Division,
Central Railway, in DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
5. Gautam Bhikan Shirsath,
Working as Senior Goods Guard, under DRM
(Divisional Railway Manager), Bhusawal Division,
Central Railway, in DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
6. Hilal Kashinath Sonawane,
Working as Senior Goods Guard,
Under DRM (Divisional Railway Manager),
Bhusawal Division, Central Railway,
In DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
7. Chet Ram Meena (2010 RRB Mumbai),
Working as Senior Goods Guard,
In DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
8. Ajit Kumar Singh (2010 RRB Mumbai),
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7
a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411
3109, CN=Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.20 15:29:54+05'30'
Foxit PDF Reader Version: 2024.4.0
Working as Senior Goods Guard,
In DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
9. Ravi Shankar (2007 RRB Mumbai),
Working as Senior Goods Guard,
In DRM's Office, Central Railway,
8 OA.457/2021
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201.
10. Suraj Devidas (2007 RRB Mumbai),
Working as Senior Goods Guard,
In DRM's Office, Central Railway,
Bhusawal Division, Bhusawal,
Dist. Jalgaon - 425 201. .. Respondents.
( By Advocates Ms.Sangeeta Yadav a/w Shri Rohan Padave,
proxy for Mr.Sachin Patil, for official respondents, Senior
Advocate Shri R.R. Shetty a/w Ms.Priyanka Mehndiratta, for
private respondents ).
Order reserved on : 10.10.2025
Order pronounced on : 20.01.2026
ORDER
Per : Umesh Gajankush, Member (J)
The present O.A. under Section 19 of the AT Act, 1985 has been filed by the applicants seeking the following reliefs:-
"a) This Hon'ble Tribunal may graciously be pleased to call for the records and proceedings which led to the issuance of the impugned Order i.e. Seniority List dated 09.06.2021 i.e. Annx. 'A1' and impugned Order dated 08.07.2021 i.e. Annx.
'A2', and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same.
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0
b) The Hon'ble Tribunal may graciously be pleased to hold and declare that the Seniority Lists dated 22.1.2020 and 12.2.2020 i.e. Annx. 'A3' be treated as FINAL and accordingly direct the Respondents to treat the said Seniority lists dated 22.1.2020 and 02.12.2020 as the ONLY SENIORITY LISTS in the post of SENIOR GOODS GUARD for the purpose to operate the same for further promotion to the post of Passenger Guard.9 OA.457/2021
c) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
cc) This Hon'ble Tribunal may graciously be pleased to call for the records and proceedings which led to the issuance of impugned Order dated 28.07.2021 (Annx. "A1A") and accordingly and after going through its proprietary, legality and constitutional validity be pleased to quash and set aside the same.
d) Costs of this Original Application may be provided for."
2. Brief facts of the case as stated in the OA are that the applicants at present working on the post of Sr. Goods Guard in the Bhusawal Division of the Central Railway. They were initially came to be appointed on the post of Goods Guard after due selection process which was conducted by the Railway Recruitment Board, Bilaspur. It is stated that they had applied for the said post of Goods Guard against the Advertisement No.3/2012 issued / published at the instance of RRB, Bilaspur. The initial stage of selection was Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= the preliminary test which was conducted in December, 2012. The 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 candidates who qualified the same appeared for the main written test (Main) on 18.08.2013. The final result was declared on 06.02.2014. The applicants were declared selected on the basis of their merit position in the said written test. Thereafter, they were 10 OA.457/2021 subjected to documents verification and medical examination which was conducted in February / March, 2014 followed by the medical test.
2.1. On passing of the medical examination the applicants (selected candidates for Goods Guard) had to undergo mandatory training which was conducted at ZRTI (Zonal Railway Training Institute), Bhusawal. The applicants and other selected candidates from RRB, Bilaspur were sent for training in 2 batches i.e. Batch No.1 underwent training from 15.07.2014 to 08.09.2014 and Batch No.2 from 18.08.2014 to 11.10.2014.
2.2. It is submitted that the seniority list of the direct recruits selected through RRB are governed by the Rules / Para 303 of Indian Railway Establishment Manual (IREM) Volume-I. The said Rule / Para categorically provides that the candidates who are sent for training to Training School will rank in seniority in the relevant Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= grade in order of merit obtained in the examination held at the end 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 of training period before being posted against the working post. It is also provided that the persons joining subsequent course and those who pass the examination in subsequent chances will rank junior to those who had passed the examination earlier. Thus, it is 11 OA.457/2021 clear that the candidates passing the examination at the end of training period in an earlier batch will rank senior to all such persons who undergo training in subsequent courses. Every batch has a separate examination and the marks / merit of one examination cannot be compound with the marks of any other separate examination or Exam Batch.
2.3. It is further submitted that for the said purpose, the applicants have relied upon the judgment in the case of Hyder Hussain and Others. Further, Para 302 of the IREM Vol.I provides that the seniority among the incumbents of a post in a grade is governed by the date of appointment to the grade. Basically, Chapter III and Para 302 and 303 of the IREM Vol.I determine the fixation of seniority of candidates in Class-III post. The post of Goods Guard is a Group "C" post - Class III post and the fixation of seniority is governed as per the above rules. It is stated that all the applicants Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= started working against the regular post of Goods Guard between 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 November - December, 2014 at the Bhusawal Division of the Central Railway.
2.4. It is further stated that thereafter as per their seniority which was settled in the post of Goods Guard they came to be promoted 12 OA.457/2021 to the post of Sr. Goods Guard. The applicants have been peacefully working and their seniority in the feeder grade i.e. Goods Guard having been settled long back they were unconcerned and not worried about their seniority at all. The respondents on 22.01.2020 had issued a seniority list which was followed by another seniority list dated 02.12.2020 reiterating and re-asserting the position as existed on 22.01.2020. Thus, for all practical purposes the seniority position as per the respondents themselves were crystalized and finalized way back on 02.12.2020 itself in so far as the post of Sr. Goods Guard category. 2.5. It is stated that in the seniority list dated 22.01.2020, it has been made clear that the said seniority list will be treated as final, if no representation is received upto 28.02.2020. On 02.12.2020, the same seniority position was issued. It is stated that as the seniority as existed on 22.01.2020 was reiterated vide Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= seniority list dated 02.12.2020, the official respondents 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 subsequently had no jurisdiction or authority to alter the same. However, the respondents shockingly by way of abuse of power and arbitrary manner issued the impugned seniority list dated 09.06.2021 wherein persons who were placed junior to the 13 OA.457/2021 applicants vide seniority list dated 22.01.2020 and 02.12.2020 were placed senior to the applicant.
2.6. It is submitted that these are candidates who have entered the initial post of Goods Guard much later than the applicants as they were selected later in point of time than the applicants. They are persons belonging to the Railway Recruitment Board, Mumbai and their panel for appointment was issued much later than the applicants. It is stated that the beneficiaries of the mischievous and arbitrary seniority list dated 09.06.2021 are candidates who belong to or selected against the advertisement of 2007 and 2010 issued by RRB, Mumbai and have nothing to give and take with the selection which was conducted by the RRB, Bilaspur. The said candidates are candidates who had applied for selection against the advertisements which was issued / published at the behest of RRB, Mumbai way back in the year 2007 and 2010 but the panel Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= and selection of candidates was much later and subsequent to the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 applicants herein.
2.7. It is further submitted that the said candidates were selected subsequently to the applicants and their junior is also issued later and subsequently to the applicants. It is stated that the impugned 14 OA.457/2021 action is in clear violation of Para 306 of the IREM Vol.I. It is stated that the written test result of the applicants was issued on 06.02.2014 and for the 2007 Mumbai Batch the same was issued on 30.03.2015 and for 2010 Mumbai Batch it was issued on 15.04.2014. Thus, it is clear that the applicants were declared selected much prior in point of time than the Mumbai 2007 and 2010 Batches. Even the panel prepared after the ZRTI Training of the applicants is earlier in point of time as they underwent training much earlier and prior to the 2007 and 2010 Mumbai Batch. 2.8. It is submitted that before disturbing the seniority of the applicants vide impugned order dated 09.06.2021, no show cause notice was issued to them in an arbitrary and illegal manner a seniority which was came to be settled in the post of Goods Guard leave alone the final and settled seniority in the post of Sr. Goods Guard is now at this late stage is sought to be disturbed by certain Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= official respondents for ulterior motives in violation of Para 302, 303 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 and 306 of IREM. The applicants have relied upon the judgment of the Hon'ble Supreme Court in the case of Kuttiyappan Vs. Union of India and others, 1997 SCC (L&S) 83.15 OA.457/2021
2.9. It is further stated that there are certain persons who are appointed on compassionate grounds even their seniority vis-à-vis the applicants has been altered to the dis-advantage of the applicants and even though they were selected and joined Railway much later than the applicants. It is stated that the applicants seek to challenge the illegal and arbitrary action of the respondents of issuing an altered and amended seniority list dated 09.06.2021 (different from the ones issued earlier) whereby in the post of Sr. Goods Guard, the names of the applicants all of a sudden have been placed below persons who were appointed in service as Goods Guard and subsequently promoted as Sr. Goods Guard after them i.e. applicant. Even in the post of Goods Guard, which is an entry level post / recruitment post in Railway service for Guards cadre/category, the said persons were appointed and have joined the Railway service after (much later) the applicants herein.
Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 2.10. It is further submitted that the applicants were appointed and 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 have joined as Goods Guard in the year 2014 and the persons who are now the beneficiaries of the illegal, unjustified and arbitrary seniority list dated 09.06.2021, have entered the Railway service as Guards much later / subsequently to the joining of the 16 OA.457/2021 applicants. The next promotion from the post of Goods Guard is to the post of Sr. Goods Guard and the applicants came to be promoted as per their seniority as fixed in the category of Goods Guard at the relevant time. There is no change in the seniority of the applicants and others in the post of Goods Guard. The applicants were shown and placed senior to the persons who had joined the service after them. Thus, their entry in the post of Sr. Goods Guard is also prior to them. Thus the impugned Order/seniority list is absolutely illegal and wrong as it intends to grant seniority to persons from a date when they were not even in Railway service i.e. they were not even appointed or borne in the cadre/Railway service.
2.11. It is further submitted that the impugned act of the respondents is also against and in violation of clear law of the land as laid down by the Hon'ble Apex Court that no person can claim Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= seniority from a date he was not borne in the cadre or post. In the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 present case, the respondents have now all of a sudden, mischievously vide the impugned order / seniority list have placed certain persons over the applicants who had joined the Railways in the post of Goods Guard not only after the applicants but they have 17 OA.457/2021 also been subsequently promoted to the post of Sr. Goods Guard after the applicants. There has been no alteration in the date of promotion of the applicants to the post of Senior Goods Guard and there has also been no alteration in the date of promotion of any other persons. Thus, it is not understood as to on what basis the impugned seniority list dated 09.06.2021 has been issued which is absolutely void-ab-initio and in fact a nullity. The respondents have acted beyond their jurisdiction, authority and in fact their act and order is nothing but absolute abuse and misuse of the powers and nothing else.
2.12. It is submitted that after the passing of the impugned order 09.06.2021 i.e. Annex-A1 the respondents have issued an impugned order dated 28.07.2021 whereby the representations of the applicants have stated to be considered and the same are rejected. Similar orders have been issued to other Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= applicants/candidates. The applicants place on record only one 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 order as the contents are absolutely similar. Therefore, the present O.A. has been filed.
3. After notice, the official respondents have filed their reply and contested the O.A. 18 OA.457/2021 3.1. It is submitted that applicants in the present O.A. have challenged the seniority list dated 09.06.2021 and direct respondent to operate the seniority list dated 08.07.2021 and to hold and declare that seniority list dated 22.01.2020 and 02.12.2020 as final and accordingly direct the respondents to treat the said seniority list dated 12.01.2020 and 02.12.2020 as the only seniority list in the post of Senior Goods Guard for the purpose to operate the same for further promotion to the post of Passenger Guard.
3.2. It is further submitted that the said seniority list published on 09.06.2021 was issued on receipt of the guide lines from the Headquarters office of Central Railway and Railway Board vide letter dated 01.04.2021 and 23.03.2021, while publishing the seniority list dated 09.06.2021 it has been clearly mentioned therein that it is provisional and if any staff have any grievance Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= regarding the said seniority, representation if any should be 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 submitted upto 08.07.2021 to the office of the respondents. The applicants submitted their representation on 28.06.2021 and on 07.07.2021. But without waiting for its reply or disposal O.A. has been filed.19 OA.457/2021
3.3. It is further submitted that the applicants are of RRB Bilaspur Panel 2012, who were sent for training in the year 15.07.2014 and 18.08.2014 in two batches and were assigned seniority as per their merit. Further, panel of RRB candidates of 2010 from RRB, Mumbai were received and accordingly candidates were called and sent for training to ZRTI Bhusawal after their appointment as per Headquarters letter No.HPB/706/854/T/D/Goods Guard dated 16.07.2014 para 3 "Division was directed to incorporate in the offer of appointment, itself, that in the even panel of selected candidates by RRB, Mumbai against CEN. No.03/2007 is received subsequently, the materializes, candidates selected against the present CEN No.02/2010. Necessary undertaking should be obtained from each candidate in this regard before considering them for appointment which should be placed in their Service Register/Personal File.
Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 3.4. It is submitted that accordingly prior to their appointment all 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 the candidates from 2010 were asked to submit undertaking stating therein that in the event panel of selected candidates by RRB, Mumbai against CEN 03/2007 is received subsequently, they will rank senior to them i.e. 2010 Panel. Thereafter, on 08.05.2015 20 OA.457/2021 CEN. NO.03/2007 RRB candidates were sent for training to ZRTI Bhusawal after their appointment. After successful completion of training they were posted against working post and seniority was wrongly assigned below the candidates of CEN. NO.2010 Panel. The candidates of CEN No.03/2007 Panel represented to the respondents vide representation dated 24.05.2017 stating therein that their seniority should be above the CEN No.2010 Panel as Mumbai Division have already given the CEN No.03/2007 panelled employees above the CEN No.02/2010.
3.5. It is further submitted that the respondents took cognizance on the representation dated 24.05.2017 and the employees from the CEN No.03/2007 Panel were promoted as Sr. Goods Guard before the CEN No.02/2010 Panel, as undertaking was taken by all the candidates of CEN No.02/2010 Panel. Thereafter, the employees of CEN No.2010 Panel vide representation dated Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 22.01.2018, 20.04.2018, 29.01.2020 and 21.12.2020 represented 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 that their seniority should be assigned as per the date of appointment i.e. 2012, 2010 and 2007 or the seniority should be assigned as per the date of notification i.e. CEN No.03/2007, CEN No.02/2010, CEN No.03/2012.21 OA.457/2021
3.6. It is pertinent to mention that the respondents had already sent the said case to Headquarters Office CSMT seeking clarification and guidelines as to how the seniority of CEN No.03/2012 to be assigned as they have joined before CEN No.03/2007, CEN No.02/2010 and at the same time provisional seniority dated 22.01.2020 and 02.12.2020 was issued assigning seniority to CEN No.03/2012 above the CEN No.03/2007, CEN No.02/2010. The Headquarters Office CSMT, Mumbai vide letter dated 01.04.2021 communicated that Railway Board vide letter no.E(NG)I/2020/SR6/5 dated 23.03.2021 directed this respondent to follow Para 306 of IREM Vol.I and advised that in terms of Para 306 of IREM Vol.I (1989 Edition), candidates selected for appointment at an earlier selection shall be senior to those selected later, irrespective of dates of posting and accordingly the seniority was revised vide seniority list dated 09.06.2021 with the approval Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= of DRM/BSL, by keeping the 2007 panel employees first, then the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 panel of 2010 employees were assigned below the 2007 and the 2012 panel employees were placed below 2010 panel employees, but the compassionate ground appointees and departmental 22 OA.457/2021 promotes were inadvertently assigned seniority above the 2007, 2010 Panel and also 2012 Panel.
3.7. It is submitted that thereafter the applicants represented to the respondents vide representation dated 28.06.2021 and 07.07.2021, stating there in that 2007, 2010 Panel and compassionate ground appointees and departmental promotes should be below the Panel of 2012 as they were appointed and posted before all the 2007, 2010 and compassionate ground appointees and departmental promotes.
The respondents after examining the representation and after scrutinizing the representation, had also informed the applicants that there is an error that the compassionate ground appointees and departmental promotees will be reassigned the seniority below 2012 and the seniority assigned to 2007 and 2010 is correct as per IREM Para 306 and also your representation will be disposed of Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= shortly. But, before the represent was decided and the reply was 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 given to the applicants they approached the CAT without exhausting the departmental remedies and as such the OA deserves to be dismissed on the said ground alone. However, the representation has been decided vide this office letter dated 23 OA.457/2021 28.07.2021 and issued to Vivek Kumar Dubey and all other applicants. Since the representation dated 28.06.2021 and 07.07.2021 has been disposed of, the OA becomes infructuous, the same may be dismissed.
3.8. It is further submitted that the seniority is assigned in the present case according to Para 306 of IREM Vol.I (1989 Edition) wherein it is stated that "Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting". And the Para 302 of IREM reads as, "Seniority in initial recruitment grades unless specifically stated otherwise, the seniority among the incumbents of a post in a grade is governed by the date of appointment to the grade. The grant of pay higher than the initial pay should not, as a rule, confer on Railway servant's seniority above those who are already appointed against regular posts. In categories of posts partially filled by direct Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= recruitment and partially by promotion, the criterion for 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 determination of seniority should be the date of regular promotion after due process in the case of promotes and the date of joining the working post after due process in the case of direct recruit, subject to maintenance of inter-se-seniority of promotes and direct 24 OA.457/2021 recruits among themselves. When the dates of entry into a grade of promoted Railway servants and direct recruits are the same they should be put in alternate positions, the promotes being senior to the direct recruits, maintaining inter-se-seniority of each group".
In case the training period of a direct recruit is curtailed in the exigencies of service, the date of joining the working post in case of such a direct recruit shall be the date he would have normally come to a working post after completion of the prescribed period of training". Accordingly the direct compassionate ground recruits and promotes has been assigned inter-se-seniority as per their date of appointment on the post of Goods Guard.
4. The respondents no.9 and 10 (private respondents) have also filed their separate reply contesting the O.A. 4.1. It is stated that the O.A. filed by the applicants challenging 'Provisional Seniority List' dated 09.06.2021 is not at all Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= maintainable. The O.A. is premature in that what is challenged is 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 a mere 'Provisional Seniority List'. The Provisional Seniority List dated 09.06.2021 specifically states that 'The above Provisional Seniority be given wide publicity and if any staff have any grievance regarding the above seniority, their representation would be 25 OA.457/2021 submitted up to 08.07.2021 to this office'. The O.A. is thus completely premature.
4.2. It is further submitted that the applicants have joined only two respondents from 2007 RRB Batch. There are as many as 59 candidates of 2007 RRB Batch, who joined the post of Goods Guard and would be affected by the outcome of the present O.A. The applicants have, however, joined only two candidates from 2007 Batch. The O.A. is, therefore, barred for non-joinder of necessary parties.
4.3. It is submitted that the Provisional Seniority List dated 09.06.2021 issued by Respondent Nos.1 to 3 is perfectly legal and valid. The adjectives used by the applicants 'all of a sudden' is completely misleading in that the inter-se seniority of applicants and private respondents were published for the first time in the year 2020 and the same has been revised in the year 2021. In the Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= seniority list issued on 22.01.2020 and 02.12.2020, the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 respondents followed the principle of placing the candidates belonging to earlier batch as senior over the candidates belonging to later batch, albeit partially, meaning thereby that principle was followed in respect of 2007 and 2010 batch. By the seniority list 26 OA.457/2021 impugned in the O.A. said principle has been uniformly extended to all the 3 batches of 2007, 2010 and 2012. Dates of joining on the post of Goods Guard by RRB selected candidate is irrelevant for the purpose of determining inter-se seniority of candidates of different selections, which is governed by provisions of 306 of Indian Railway Establishment Manual which clearly provides that candidates selected for appointments 'at an earlier selection' shall be senior to those selected later, irrespective of dates of posting. 4.4. It is further submitted that it is an admitted fact that the present respondents have been selected and appointed in pursuance of 2007 selection whereas the applicants have been selected in pursuance of 2012 selection. Therefore, by applying the provisions of Para 306 of IREM the respondents have rightly placed above the applicants in the impugned seniority list. The contention of the applicants that next promotion from the post of Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Goods Guard is to the post of Senior Goods Guard or that the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 applicants were promoted as per their seniority as fixed in the category of Goods Guard is completely misleading. Senior Goods Guard is merely a financial upgradation from the post of Goods Guard without any change in the duties and responsibilities. It is 27 OA.457/2021 stoutly denied that the upgradation / promotion to the post of Senior Goods Guard were effected on the basis of inter-se seniority between the applicants and private respondents, in that such inter- se was never published at the time of effecting such upgradations / promotions as Sr. Goods Guards.
4.5. It is submitted that the seniority list dated 22.01.2020 was merely provisional. About 40 candidates from 2007 batch had raised an objection to the seniority list dated 22.01.2020 on 04.02.2020 is suppressed by the applicants. It is denied that prior to issuance of seniority list dated 22.01.2020 any inter-se seniority between applicants and respondents was issued as falsely sought to be suggested. Since no such seniority list reflecting positions of applicants and private respondents was issued prior to 22.01.2020, the applicants have not produced the same. It is once again denied that the seniority of the applicants was crystalized or finalized in Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= any manner. The list dated 09.06.2021 is a provisional list inviting 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 objection and therefore the pretext of non-issuance of show cause notice sought to be raised by the applicants is meaningless. The allegation of extraneous consideration and undue favour is bald and irresponsible and cannot be raised without making any 28 OA.457/2021 particular officer as a party in person. There is nothing shocking in action of the official respondents in issuing impugned provisional seniority list. Mere passage of 1 & ½ years would not estop the official respondents for correcting error in the previous seniority list. The seniority of directly recruited RRB candidates is to be determined in accordance with specific instructions issued in Para 306 of IREM and, therefore, general principle of placement in accordance with dates of appointment/promotion will have no application to the present case. It is once again denied that seniority positions of the applicants were crystalized or finalized in the year 2018-19 as falsely sought to be suggested. The reference of the applicants to the earlier provisional seniority list dated 22.01.2020 is misplaced in that it was specifically stated in covering letter of the said list that 'the matter regarding issuance of seniority of employees of all the panel of 2007, 2010 and 2012 has been Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= sent to HQ office for clarification. On receipt of clarification from 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 HQ Office, final seniority list will be issued. Hence it is purely provisional seniority list.' Furthermore, in the list dated 22.01.2020, the principle of placement of candidates selected and appointed by prior selection process over those selected and appointed by later 29 OA.457/2021 selection process was partially followed, in that 2007 batch candidates (though appointed later) were placed over 2010 batch candidates. The principle was required to be followed in respect of 2012 batch as well. However, Railway Board clarification was sought by the Central Railway who clarified on 23.03.2021 that necessary action for fixation of seniority of 2007, 2010 and 2012 batches be taken as per the provisions of Para 306 of IREM. 4.6. It is further submitted that the proposition sought to be advanced by the applicants about non-claiming seniority before birth in cadre or post has absolutely no application to the present case. It is denied that the impugned action is done 'all of a sudden' or that the same is mischievous as sought to be alleged. It is reiterated that the upgradation to the post of Senior Goods Guard is non-functional. There was no inter-se seniority in existence between the applicants and private respondents at the time of Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= effecting such upgradations / promotions to the post of Senior 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 Goods Guard. The contention that the applicants have not understood the basis for issuance of seniority list dated 09.06.2021 cannot be believed in that the applicants have sought to rely upon the judgment of the Hon'ble Supreme Court in the case of 30 OA.457/2021 Kuttiyappan Vs. Union of India about applicability of Rule 306 of IREM. The applicants are fully aware that the impugned seniority list has been prepared strictly in accordance with Rule 306 of IREM. In fact the applicants were always aware that the issue of determination of seniority of employees of Panels 2007, 2010 and 2012 was pending and the same was sent for clarification firstly to HQ CR and then to the Railway Board. Therefore, the surprise sought to be expressed by the applicants is completely misplaced. It is denied that the official respondents have acted beyond their jurisdiction or that there has been any abuse or misuse of power. 4.7. It is submitted that the injustice caused to the candidates of 2007 batch in the earlier provisional seniority lists dated 22.01.2020 and 02.12.2020 have now been cured by issuance of provisional seniority list dated 09.06.2021. The principle of determination of seniority as per selection year was only partially followed in the lists Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= dated 22.01.2020 and 02.12.2020, in which seniority was fixed in 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 the following order:
2012 Batch 2007 Batch 2010 Batch 31 OA.457/2021 Now the said principle is sought to be uniformly applied to all the 3 batches and the seniority is now determined in the following order:
2007 Batch 2010 Batch 2012 Batch.
The judgment of the Hon'ble Supreme Court in the case of K. Megchandra Singh sought to be relied upon by the applicants has no application to the facts and circumstances of the present case, in that the said judgment relates to determination of inter-se seniority between direct recruits and promotes. 4.8. It is further submitted that the Centralized Employment Notice No.03/2012 was issued in respect of 63 posts of Goods Guard in the Central Railway also. The applicants have not given a correct factual picture. Prior to issuance of Centralized Employment Notice No.03/2012, the Railway Recruitment Board, Mumbai had issued Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Centralized Employment Notice No.03/2007 for filling up the posts 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 inter alia of Goods Guards. The first written examination was held on 19.10.2008 and ideally the selection process ought to have been progressed and completed in 2008 itself. However, on account of protests by a political party at some of the examination centers, the 32 OA.457/2021 selection was kept on hold, without there being any fault of the present respondents and other candidates of 2007 Batch. The Railway Administration did not take decision with regard to the selection in respect of 2007 Batch for reasons not known to the present respondents.
4.9. It is submitted that in the meantime, another indent was placed by the Central Railway with Railway Recruitment Board, Mumbai, which resulted in selection of 2010 batch, while selection of 2007 was still pending. It appears that there was acute vacancy problem in the Central Railway which necessitated sending of letter dated 27.11.2013 by Central Railway to the Railway Board requesting for a permission to appoint the candidates selected in 2010 Batch during the time the Board was to take final decision with regard to 2007 Batch. It was specifically stated in the said letter dated 27.11.2013 that 'it will be ensured as and when indent Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= placed in 2006 materialized, candidates of that panel will be 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 assigned higher position above the candidates of each/notice. This was made clear to one appointment of all subsequent panel'. The words 'indent placed in 2006' refer to 2007 Batch. It is pertinent to note here that 2012 Batch does not find reference in letter dated 33 OA.457/2021 27.11.2013, as the said selection was processed by RRB, Bilaspur and apparently Central Railway was not aware about the fact that the some of the candidates from the said selection conducted by RRB, Bilaspur were to be sent to the Central Railway. 4.10. It is further submitted that the Railway Board replied on 17.01.2014 granting approval 'as a special case' to finalize and release the panels of Goods Guard in respect of CEN 02/2010 with a Caveat that the seniority of RRB empanelled candidates of that panel will be provisional. In para 3 of the said letter it was specifically stated that 'in such situation, as assured by the Central Railway the candidates of Panel of CEN No.03/2007 be assigned higher seniority (when the same materialize) than the candidates of the subsequent i.e. CEN 02/2010.' The Railway Board letter dated 17.01.2014 specifically used the word 'subsequent CEN' which would obviously mean every CEN that was issued after CEN Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= No.03/2007. The RRB, Mumbai accordingly finalized the Panel for 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 CEN 02/2010 and sent the same to the Central Railway vide letter dated 18.06.2014 with a specific Caveat that 'a candidate of Panel of CEN No.03/2007 be assigned higher seniority (when the same materialize) than the candidates of the subsequent i.e. CEN 34 OA.457/2021 02/2010. Necessary undertaking may be obtained from each candidate in this regard'. Thus it was specifically provided that during the finalization of selection 2007 Batch, though candidates of subsequent batches could be appointed, the candidates of 2007 Batch would be placed senior above all the candidates of all the subsequent batches. The applicants cannot be permitted to take benefit of the fact that 2012 Batch is not referred in the aforesaid letters as the said selection was being conducted by RRB, Bilaspur with very few candidates being allotted to the Central Railway. The objective behind Board's permission as a 'special case' was that seniority of 2007 batch has to be restored even if candidates of subsequent batches were permitted to be appointed earlier than 2007 batch. This direction, therefore, would cover 2012 batch as well.
4.11. It is submitted that the reliance of the applicants on Para 302 Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= of IREM is again completely misplaced. Para 302 specifically open 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 with the words 'unless specifically stated otherwise'. The applicants have deliberately avoided reference to Para 306 of IREM.35 OA.457/2021
4.12. It is further submitted that the candidates selected against advertisements of 2007 and 2010 issued by RRB, Mumbai have nothing to give or take with selection which was conducted by RRB, Bilaspur is completely baseless. As pointed out hereinabove, even though the selection was conducted by RRB, Bilaspur, the same included as many as 63 vacancies of Goods Guard of Central Railway. Thus, the candidates appearing against CEN 03/2012 conducted by RRB Bilaspur knew that some of them selected against vacancies are meant for Central Railway (including Bhusaval Division) would be compared with RRB Mumbai selected candidates for the purpose of seniority. The selected panel has no relevance for the purpose of determining seniority in respect of candidates belonging to different batches. In such cases the Para 306 would govern the seniority position which clearly uses the words 'at an earlier selection'. Thus the candidates selected for Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= selection notified earlier would rank senior to the candidates 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 selected against the selection notified later, irrespective of the dates of declaration of panels or dates of appointments. The present respondents cannot be made to suffer on account of the administrative delay because of which they were made to wait for 36 OA.457/2021 7-8 years for their appointments. The present respondents have already lost other benefits such as pay, increments, qualifying service, etc. The least that is required to be granted to them is seniority over the candidates selected against subsequent batches. 4.13. It is submitted that the applicants have placed erroneous interpretation of Para 306 of IREM. The dates of holding examination is irrelevant for application of Para 306 which uses the words 'at an earlier selection'. The words 'candidates selected for appointment' are required to be read with conjunction with the words 'at an earlier selection'. Thus what matters is 'earlier selection' and 'later selection'. The dates of holding examination, date of declaration of result, date of induction for training and date of joining are all irrelevant for the purpose of application of Para 306 of IREM. The contention about non-issuance of show cause notice is untenable as in that impugned provisional list dated Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 09.06.2021 itself is sort of show cause notice which called for 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 representations.
4.14. The judgment of the Hon'ble Supreme Court of India in the case of Kuttiyappan Vs. Union of India has absolutely no application to the present case, in that the Hon'ble Supreme Court 37 OA.457/2021 of India has decided whether Para 306 can be applied for determination of inter-se seniority between the promotes and direct recruits. In the present case seniority amongst direct recruits of different batches is in issue and, therefore, the said judgment has absolutely no application to the present case.
5. Thereafter, rejoinder was filed by the applicants elaborating and reiterating the stand taken in the O.A.
6. We have heard Shri R.G. Walia, learned counsel for the applicants and Ms.Sangeeta Yadav, learned counsel for the official respondents and Shri R.R. Shetty, learned Sr. Counsel along with Ms.Priyanka Mehndiratta for private respondents.
7. Shri Walia, learned counsel for the applicants vehemently argued that the applicants were participated in the selection process of the post of Goods Guard against Advertisement No.03/2012 issued by the RRB, Bilaspur. They were successful in Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= the preliminary written test held in the month of December, 2012 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 and main written test held on 18.08.2013 of which result was declared on 06.02.2014. Thereafter, they were subjected to document verification and medical examination which was conducted in February / March, 2014. Thereafter, the applicants 38 OA.457/2021 were sent for mandatory training conducted by the ZRTI, Bhusaval in 2 Batches i.e. Batch No.1 training from 15.07.2014 to 08.09.2014 and Batch No.2 18.08.2014 to 11.10.2014. It is contended that Rules 302, 303 of IREM provides the fixation of seniority.
8. It is submitted that as per their seniority which was settled in the post of Goods Guard, they were promoted to the post of Sr. Goods Guard, which is clear from the seniority list dated 22.01.2020, which was followed by another seniority list dated 02.12.2020 reiterating and re-asserting the position as existed on 22.01.2020 in respect of the above Sr. Goods Guard category. In spite of the aforesaid crystallization of the seniority position of the applicant, impugned seniority list dated 09.06.2021 was issued by the official respondents in which the applicants were shown junior to the candidates who were selected against the Advertisement of the year 2007 and 2010 issued by the RRB, Mumbai.
Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Representation was submitted which was rejected by the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 impugned order dated 28.07.2021. It is further contended that prior to issuance of impugned seniority list dated 09.06.2021 no opportunity of hearing was provided nor any show cause notice was issued to the applicants. It is submitted that action of the 39 OA.457/2021 respondents is illegal and violative of Rule 302, 303 and 306 of IREM.
9. During course of the arguments, learned counsel has placed reliance on the following judgments of the Hon'ble Supreme Court in the case of :
(i) A.P. Public Service Commission, Hyderabad and another vs. B. Sarat Chandra and others, (1990) 2 SCC 669;
(ii) The State of Bihar & Ors. Vs. Arbind Jee, in Civil Appeal No.3767/2010 decided on 28.09.2021; and
(iii) Union of India and others vs. K.B. Rajoria, (2000) 3 SCC 562.
10. Per contra, the official respondents on the basis of the written notes of arguments submitted that their action is completely in consonance with the Rule / Para 306 of IREM Vol.I, which is a statutory provision which categorically provides that the candidates Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= selected for appointment at an earlier selection shall be senior to 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 those selected later irrespective of the dates of posting. It is submitted that in view of the aforesaid provision and the directions/guidelines issued by the Respondent No.1, the impugned provisional seniority list dated 09.06.2021 was issued. It 40 OA.457/2021 is submitted that the Respondent Nos.2 and 3 are duty bound to follow the guidelines and instructions issued from time to time by the Railway Board.
11. Shri R.R. Shetty, learned Sr. Counsel also vehemently contended that the seniority list dated 09.06.2021 was a provisional seniority list and against such list, the O.A. is not maintainable and is premature. It is further submitted that in the present case Rule 306 of IREM is applicable.
12. During course of arguments, he has relied upon the following judgments:
(i) M.C.D. vs. Veena and others, (2001) 6 SCC 571;
(ii) Uttam Kumar Shaw vs. Partha Sarathi Sen and others, (2022) 10 SCC 138;
(iii) Bhalodiya Ravikumar Jaynatilal vs. State of Gujarat, 2022 SCC OnLine Guj 760; and Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER=
(iv) Sh. Arun Kumar vs. Union of India & Anr., decided on 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 09.11.2022 by the High Court of Delhi at New Delhi.
13. It is further submitted that the same controversy was subject matter of challenge before the CAT, Jabalpur Bench, Circuit Sitting;
Bilaspur in OA.No.203/00141/2018 in case of Amrit Lal Yadav & 41 OA.457/2021 Others vs. Union of India & Others and the said O.A. was allowed and the respondents were directed to assign the seniority of the said applicants (who are appointed as Goods Guard in terms of Employment Notice No..03/2007), over and above the candidates appointed under the subsequent Employment Notice CEN No.02/2010 and Employment Notice No.03/2012. The aforesaid order was challenged by the official respondents before the High Court of Chhattisgarh, Bilaspur in Writ Petitions No.3001/2022 and the Hon'ble High Court was pleased to confirm the order of the CAT.
Therefore, according to learned counsel for the private respondents since the issue involved in the present OA is already decided by the Hon'ble High Court of Chhattisgarh and, therefore, the present OA is liable to be dismissed.
14. After hearing learned counsel for the parties and after perusal of the record it is not in dispute that the applicants were participated Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= against the Advertisement No.03/2012 issued by the RRB, Bilaspur 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 and after successful in every stage of selection they were sent on mandatory training in 2 Batches in the year 2014. It is also not much in dispute that the selection process including training was completed in respect of the Advertisement No.03/2007 and 42 OA.457/2021 Advertisement No.02/2010 was completed after Advertisement No.03/2012. From the records, it is also clear that the seniority list dated 22.01.2020 (Annex-A-3) was the provisional seniority list of Sr. Goods Guard of Bhusaval Division.
15. In view of the aforesaid factual position whether action of the respondents in issuing impugned seniority list dated 09.06.2021 (Annex-A-1) by which the candidates of Panel 2007 and 2010 were shown senior to the present applicants i.e. the candidates of Panel 2012 is legal or not is to be considered by this Tribunal.
16. At this stage it is relevant here to reproduce the provisions of Chapter-III as under:
"302. Seniority in initial recruitment grades: Unless specifically stated otherwise, the seniority among the incumbents of a post in a grade is governed by the date of appointment to the grade. The grant of pay higher than the initial pay should not, as a rule, confer on a railway servant seniority above those who are already appointed against regular posts. In categories of posts partially filled by direct recruitment and partially by promotion, the criterion for Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= determination of seniority should be the date of regular promotion after due process in the case of promote and the 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 date of joining the working post after due process in the case of direct recruit, subject to maintenance of inter-se-seniority of promote and direct recruits among themselves. When the dates of entry into a grade of promoted railway servants and direct recruits are the same they should be put in alternate positions, the promote being senior to the direct recruits, maintaining inter-se-seniority of each group. 43 OA.457/2021 Note: (i) In case the training period of a direct recruit is curtailed in the exigencies of service, the date of joining the working post in case of such a direct recruit shall be the date he would have normally come to a working post after completion of the prescribed period of training. [No.E(NG)I-78-SR-6-42 d. 7-4-1982 ACS 132].
(ii) The provision contained in Note(i) above will also apply to the Inter Apprentices and departmentally selected candidates against the quotas prescribed in certain categories to be filled by Limited Departmental Competitive Examination (Such as 10% in the case of Traffic and Commercial Apprentices).
[Authority:- Railway Board's letter No.E(NG)I/89/SR6/35, dated 23.08.1991-ACS No.2].
303. The seniority of candidates recruited through the Railway Recruitment Board or by any other recruiting authority should be determined as under:
(a) Candidates who are sent for initial training to Training Schools will rank in seniority in the relevant grade in the order of merit obtained in the examination held at the end of the training period before being posted against working post.
Those who join the subsequent courses and those who pass the examination in subsequent chances will rank junior to those who had passed the examination. In case, however, persons belonging to the same RRB panel are sent for initial Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= training in batches due to administrative reasons and not because of reasons attributable to the candidates, the inter- 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 se-seniority will be regulated batch wise provided persons higher up in the panel of RRB not sent for training in the appropriate batch (as per seniority) due to administrative reasons shall be clubbed along with the candidates who took the training in the appropriate batch for the purpose of regulating the inter-se-Seniority provided such persons pass the examination at the end of the training in the first attempt. 44 OA.457/2021
[Authority:- Railway Board's letter No.E(NG)I/89/SR6/32 (PNM), dated 19.3.1993-ACS No.9].
(b) ------
304. When two or more candidates are declared to be of equal merit at one and the same examination/selection, their relative seniority is determined by the date of birth the older candidate being the senior.
305. When, however, a candidate whose seniority is to be determined under paragraphs 303 and 304 above cannot join duty within a responsible time after the receipt of order of appointment, the appointing authority may determine his seniority by placing him below all the candidates selected at the same examination/selection, who have joined within the period allowed for reporting to duty or even below candidates selected at subsequent examination/selection who have joined before him.
306. Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 above."
17. Looking to the Rule 302, it is clear that it starts with "unless specifically stated otherwise". This provision provides grant of seniority in a grade from the date of appointment to the grade.
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Further, Rule 303 provides that candidates who are sent for initial 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 training to Training School will rank in seniority in the relevant grade in the order of merit obtained in the examination held at the end of the training before being posted against working post and persons who joined subsequent course and those who passed the 45 OA.457/2021 examination in subsequent chances will rank junior to those who had passed the examination.
18. At the first glance looking to Rule 302 and 303 the contention of the applicants appears to be correct that since they were participated in the selection process for the year 2012 in prior appointment of time than all the selection process of the year 2007 and 2010 and also sent on training in prior point of time. However, when Rule 306 is looked into its categorical terms provides that candidates selected for appointment in earlier selection shall be senior to those selected later irrespective of date of postings.
When Rule 302 starts with "unless specifically otherwise" and if the said prescription has been provided in the Rule 306 then the contention of the applicants relying upon Rule 302 is in contrast to Rule 306 is not applicable, meaning thereby even though the applicants were selected and sent on training in prior point of time Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= their seniority is to be fixed after the earlier selection. Further, Rule 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 303 (a) talks about same RRB Panel and Rule 304 talks about same examination / selection and Rule 305 - contemplates situation about candidates who are not joined duty mentioned in 46 OA.457/2021 Rule 303 and 304. Therefore, only Rule 306 deals with seniority position about earlier and later selection.
19. The aforesaid aspect has been taken into consideration by the CAT, Circuit Sitting at Bilaspur, where the Goods Guards appointed in terms of Employment Notice No.03/2007 prayed for assigning their seniority over and above the candidates appointed under the subsequent Employment Notification No.02/2010 and 03/2012. Relevant paras of the aforesaid judgment are reproduced herein below for sake of convenience:-
"8. It is an admitted fact that the applicant had been selected vide notification No.3/2007 by which 359 vacant posts of goods guard have been advertised and the final result was declared on 30.03.2015. From that select list 60 candidates were allotted to Western Railway, 12 candidates were allotted to South Central Railway and 29 candidates were allotted to SEC Railways. It is also clear from the pleadings that the private respondents were selected vide employment notice 2010 and 2012.
9. From the record it is itself clear that the Railway Board had issued circular Annexure A-5 dated 17.01.2014 whereby Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= it has been specifically indicated that Board has agreed to finalize and release the panel for the posts of Goods Guard 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 and ECRC (CEN No.2/2010) but the candidates of the panel of EN No.3/2007 be assigned higher seniority that to selected CEN i.e. CEN No.02/2010. The relevant para of Annexure A- 5 reads as under:-
"To ease the pressure & safe running of trains on Central Railway and the fact that finalization of panels for Goods Guard & ECRC (under EN No. 3/2007) by 47 OA.457/2021 RRB/Mumbai may take time, Central Railway's suggestion of finalization the panel of Goods Guard of CEN No.02/2010 has been examined.
2. As a special case, Board have agreed to finalize and release the panels for the posts of Goods Guard & ECRC (CEN No.02/2010). However, while, releasing the panel, it shall be mentioned clearly that the seniority of the RRB empanelled candidates in this panel is provisional.
3. In such situation, as assured by Central Railway, the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No.02/2010."
10. So it is clear from Annexure A-5 dated 17.01.2014 that the candidates of the panel of EN No. 3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No.02/2010.
11. Resultantly, this Annexure A-5 dated 17.01.2014 is very clear. The applicants were selected in furtherance of notification dated 03/2007 and the applicants are entitled for appropriate position as per Annexure A-5.
12. In view of the above position, this Original Application is allowed and the respondents are directed to assign the seniority of the applicants, (who were appointed as Goods Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Guard in terms of Empl. Notice No. 3/2007) over and above the candidates appointed under subsequent Employment 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 Notification No.CEN 2/2010 and EN 3/2012 in compliance of Annexure A-5."
20. Further, the aforesaid order was challenged by the official respondents before the Hon'ble High Court of Chhattisgarh, the relevant paras of the said judgment are reproduced herein below:- 48 OA.457/2021
"9. The main objection of the petitioners/Union of India is that the respondent Nos.1 to 15 [petitioners in original application before the learned CAT] never challenged any particular order but have prayed for assigning of seniority over and above the candidates appointed under subsequent employment notification No.CEN 02/2010 and EN 03/2012. No panel against CEN 2/2010 has been received by this Divisional Railway and the guidelines issued in this regard by the Railway Board as claimed by the applicants were only for Central Railway where candidates selected from both the notifications and posted in Central Railway, and the provisional seniority list was published on 07.07.2017 and circulated to all the concerned and in this list, it is clearly mentioned that in case where there is any objection from any staff regarding seniority, the same may be submitted to the concerned office within 30 days from the date of issue of said letter. But the applicants/respondent Nos.1 to 15 without submitting any objection directly filed the O.A. before the learned CAT. The respondent/Railway fixed the seniority as per the rules and also in terms of Para 303(a) of the Chapter 3 of IREM Vol. I (Annexure R-1) and the applicants/respondents Nos.1 to 15 cannot claim the parity with Central Railway on the basis of guidelines issued by Railway Board which are not issued as general for all the railways but issued in a special case by the Central Railway. So, the impugned order is liable to be set aside.
10. The respondents have filed copy of circular dated 17.01.2014 (Annexure R-1) issued by Govt. of India, Ministry of Railway, Railway Board, New Delhi, which speaks as Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= under :-
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 "Sub.: Regarding release/issuance of panels for the posts of Goods Guard & ECRC (CEN No.02/2010) Ref.: CPO(A)/CR's letter No.HPB/706/854/TDT/Guard Indent dated 27.11.2013.
To ease the pressure & safe running of trains on Central Railway and the fact that finalization of panels for 49 OA.457/2021 Goods Guard & b ECRS (under EN No.3/2007) by RRB/Mumbai may take time, Central Railway's suggestion of finalizing the panel of Goods Guard of CEN No. 02/2010 has been examined.
2. As a special case, Board have agreed to finalize and release the panels for the posts of Goods Guard & ECRC (CEN No. 02/2010). However, while releasing the panel, it shall be mentioned clearly that the seniority of the RRB empanelled candidates in this panel is provisional.
3. In such situation, as assured by Central Railway, the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No.02/2010.
11. The respondents have filed copy of Master Circular No.35 (Annexure R-5), by which the seniority of the employees is governed. For ready reference, relevant para 6 of the said circular is reproduced herein as under :-
"6. Candidates selected for appointment at an earlier selection shall be senior to those selected later, irrespective of the date of posting, except in the cases coming under para 5 above."
12. Rule 306 of the Indian Railway Establishment Manual provides as under :-
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= "306. Candidates selected for appointment at an earlier 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 above."
13. The Hon'ble Apex Court in the matter of Kuttiyappan (supra) held in para 4 and 5 as under :-
50 OA.457/2021"4. A reading of these Rules would clearly indicate that the process of election bears no relevance. What is material in determination of the inter-se seniority between regularly promoted in-service candidates and those selected by direct recruitment during the process of selection is that in the case of the former the seniority starts from date on which they joined the working post after completion of the process while in the case of direct recruits their inter se seniority would start from the date of their entry into the grade. Therefore, as regards the direct recruits, the date of first entry and joining the post is the criteria, in the case of the promotes it would be the date on which they start working in the post after completion of the process. It is not in dispute that training is one of the conditions for completion of the process. Unless the training is completed, they cannot work on regular basis in the promotional post.
5. As regards Rule 306, it regulates in an area where the selected candidates were appointed earlier to the candidates who subsequently came to be selected and the earlier candidates become senior to the subsequent selectees irrespective of the date of posting. That criteria is inapplicable in determining the inter se seniority between the promotes and the direct recruits. The Tribunal, therefore, was right in rejecting the claim. It does not, therefore, warrant interference."
14. The learned CAT also minutely appreciated all the Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= documents and rules governing the seniority criteria and observed in paras 9 to 12, which read thus :-
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 "9. From the record it is itself clear that the Railway Board has issued circular Annexure A-5 dated 17.01.2014 whereby it has been specifically indicated that Board has agreed to finalize and release the panel for the posts of Goods Guard and ECRC (CEN No.2/2010) but the candidates of the panel of EN No.3/2007 be assigned higher seniority that to selected 51 OA.457/2021 CEN i.e. CEN No. 02/2010. The relevant para of Annexure -5 reads as under:-
"To ease the pressure & safe running of trains on Central Railway and the fact that finalization of panels for Goods Guard & ECRC (under EN No. 3/2007) by RRB/Mumbai may take time, Central Railway's suggestion of finalization the panel of Goods Guard of CEN No.02/2010 has been examined.
2. As a special case, Board have agreed to finalize and release the panels for the posts of Goods Guard & ECRC (CEN No.02/2010).
However, while, releasing the panel, it shall be mentioned clearly that the seniority of the RRB empanelled candidates in this panel is provisional.
3. In such situation, as assured by Central Railway, the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No. 02/2010."
10. So it is clear from Annexure A-5 dated 17.01.2014 that the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No. 02/2010.
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
11. Resultantly, this Annexure A-5 dated 17.01.2014 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 is very clear. The applicants were selected in furtherance of notification dated 03/2007 and the applicants are entitled for appropriate position as per Annexure A-5.
12. In view of the above position, this Original Application is allowed and the respondents are directed to assign the seniority of the applicants, (who were 52 OA.457/2021 appointed as Goods Guard in terms of Empl. Notice No. 3/2007) over and above the candidates appointed under subsequent Employment Notifications No.CEN 2/2010 and EN 3/2012 in compliance of Annexure A-5."
15. It is not disputed in this case that the respondents Nos.1 to 15 were selected vide earlier E.N. No. 03/2007 and other similar selected candidates were given seniority as per Annexure R-5 dated 17.01.2014, who are posted in Central Railway, and the learned CAT having considered the relevant circular/rules and all the grounds of the petitioners herein, rightly allowed the application of respondent Nos.1 to 15 (petitioners before the CAT) and passed the impugned order.
16. We do not find any infirmity or illegality in the impugned order passed by the learned CAT warranting any interference by this Court. Thus, the petition being without any merit liable to be and is hereby dismissed. No costs."
21. At this stage, it is relevant here to take note of the judgments relied by the learned counsel for the applicants.
(i). In the case of A.P. Public Service Commission, Hyderabad and another vs. B. Sarat Chandra and others, (Supra), indicates to Rule 5 of A.P. Police Service Rules, 1966, the Hon'ble Supreme Court was pleased to observe as under :-
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= "If the word 'selection' is understood in a sense meaning 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 thereby only the final act of selecting candidates with preparation of the list for appointment, then the conclusion of the Tribunal may not be unjustified. But round phrases cannot give square answers. Before accepting that meaning, we must see the consequences, anomalies and uncertainties that it may lead to. The Tribunal in fact does not dispute that the process of selection begins with the issuance of advertisement and ends with the preparation of select list for 53 OA.457/2021 appointment. Indeed, it consists of various steps like inviting applications, scrutiny of applications, rejection of defective applications or elimination of ineligible candidates, conducting examinations, calling for interview or viva voce and preparation of list of successful candidates for appointment. Rule 3 of the Rules of Procedure of the Public Service Commission is also indicative of all these steps. When such are the different steps in the process of selection, the minimum or maximum age for suitability of a candidate for appointment cannot be allowed to depend upon any fluctuating or uncertain date. If the final stage of selection is delayed and more often it happens for various reasons, the candidates who are eligible on the date of application may find themselves eliminated at the final stage for no fault of theirs. The date to attain the minimum or maximum age must, therefore, be specific, and determinate as on a particular date for candidates to apply and for recruiting agency to scrutinise applications. It would be, therefore, unreasonable to construe the word selection only as the factum of preparation of the select list. Nothing so bad would have been intended by the rule making authority." Whereas in the present case there is a specific Rule 306 of IREM which provides that candidates selection for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting. Therefore, the aforesaid judgment is of no Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= assistance to the applicants and distinguishable. 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0
(ii). In the case of Union of India and others vs. K.B. Rajoria, (Supra), the question was in respect of regular service was involved and the Hon'ble Supreme Court was pleased to held as under:-
"9. Third, the High Court erred in construing the words "regular service in the grade" as actual physical service. If 54 OA.457/2021 that were so, then an ad hoc appointee who actually serves in the post could also claim to be qualified to be considered for the post of Director General. The High Court itself held that "ad hoc service rendered by any of the parties would not count towards eligibility".
10. Finally, while considering the definition of the word "regular" in the Concise Oxford Dictionary, 9th Edn., the High Court noted that it meant:
"(1) conforming to a rule or principle; systematic. (2) harmonious, symmetrical. (3) acting or done or recurring uniformly or calculably in time or manner;
habitual, constant, orderly. (4) conforming to a standard of etiquette or procedure; correct; according to convention. (5) properly constituted or qualified; not defective or amateur; pursuing an occupation as one's main pursuit."
11. The word "regular" therefore does not mean "actual" and the first question the High Court should have considered was whether the appointment of Krishnamoorti was regular and in accordance with the Rules or it was irregular in the sense that it was contrary to any principle of law."
Whereas in the present case, there is a specific Rule 306 of IREM, therefore, also this judgment is also not of any assistance.
(iii). In the case of The State of Bihar & Ors. Vs. Arbind Jee, Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= (Supra), the question which was considered by the Hon'ble 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 Supreme in Para 7 is as under:-
"7. The issue to be answered here is whether the respondent is entitled to claim seniority in service from a retrospective date i.e. 20.11.1985 as was ordered by the High Court or whether he is entitled for seniority from the date he entered service."55 OA.457/2021
And in Para 10 of the aforesaid judgment, it was observed by the Hon'ble Supreme Court as under:-
"10. As earlier noted, the respondent entered service only on 10.2.1996 and yet under the impugned judgment, the High Court directed counting of his seniority from 20.11.1985 when he was not borne in service. The jurisprudence in the field of service law would advise us that retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind that retrospective seniority unless directed by court or expressly provided by the applicable Rules, should not be allowed, as in so doing, others who had earlier entered service, will be impacted."
22. Looking to the observations of the Hon'ble Supreme Court, it is clear that the retrospective seniority can be granted if there are expressly provided such rules. In the present case, Rule 306 of IREM specifically provides in respect of grant of seniority to the selected candidates of earlier selection. Therefore, these judgments are not of any assistance to the applicants and distinguishable.
Digitally signed by Hemant Anant MahabalDN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
23. Thus, in view of the aforesaid discussion, the O.A. is devoid 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0 of merit and deserves to be dismissed. The O.A. is accordingly dismissed, with no order as to costs.56 OA.457/2021
24. Pending MAs, if any, stand disposed of.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
H
Digitally signed by Hemant Anant Mahabal
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= Hemant Anant cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7 a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a0229096072411 3109, CN=Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.20 15:29:54+05'30' Foxit PDF Reader Version: 2024.4.0