Central Administrative Tribunal - Kolkata
Kausik Bhatta vs South Eastern Railway on 6 January, 2026
1 O.A. 1062 of 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/1062/2025 Date of Hearing: 11.12.2025
Date of Order: 06.01.2026
Coram : Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
1. KAUSIK BHATTA, son of Late Mohan Chandra
Bhatta, aged about 45 years, working as
CLI/NMP/KGP/S.E.Rly residing at Bhagwanpur,
Word no. 16, Khagrapur, Paschim Midnapur, Pin
721301, Mobile Phone no. 7908361725, E-mail ID:
[email protected]
2. BIPLAB ADHIKARY, son of Bhudep Adhikari,
aged about 45 years, working as
CLI/SR/KGP/S.E.Rly, residing at House of Paritosh
Kumar Sen, Gokulpur Near Tola, P.O. Kataganj,
P.S. Kalyani, Dist, Nadia, Pin no. 741250, Mobile
no. 7501776055, E-mail ID [email protected]
3. ASISH KUMAR SAHA, son of Late Ashutosh Saha,
aged about 57 years, working as
CLI/SRC/KGP/S.E.Rly, residing at Bakshi Bari,
Santragachi Station Road, P.O. GIP Coloby,
Howrah, Pin 711112, Mobile no. 9002085505, E-
Mail ID: [email protected]
4. HARI NARAYAN KUMARN SINGH, son of Shri
Deo Kumar Singh, aged about 51 years, working as
CLI/Jaroli/CKP/S.E.Rly, residing at SRM-93, BSNL
Chowk, Chhend Colony, Rourkela, Odisha, Pin
769015, Mobile no. 9777582306, E-mail ID:
[email protected]
5. MRINALENDU CHAKRABORTY, son of Late
Kanilal Chakraborty, aged about 52 years, working
as CLI/SRC/S.E.Rly, residing at Barundhhana
Apartment, 31 Friendly Club Library Road. P.O.
GIOP Colony, Jagacha, P.S.Jagacha, District
Howrah. Pin 711112. Mobile no. 9002085429, E
-Mail ID: [email protected]
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2026.01.06 12:06:20+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 1062 of 2025
6. MANOJ KUMAR HEMBRAM, son of Late
Nagendra Nath Hembram. aged about 56 years,
working as CLI/KGP/S.E.Rly, residing at Railway
Quarter no. 237, Kharagpur, PaschimMidnapur,
Pin 721301. Mobile no. 9002081449, E-mail ID :
[email protected]
7. RAMESH PANDEY, son of Late Mahanath
Pandey, aged about 48 years, working as CLI/HTE
Ranchi Division, residing at Nepali Colony, Road
No. 5, Shiv Mandir, Basconagar, Hassag, P.O.-
Hatia, Dist.-Ranchi, Jharkhand, Pin-834003, Mobile
no. 9771484063, E-mail ID :
[email protected]
....... Applicants.
-versus-
i) The Union of India, through General Manager,
South Eastern Railway, Garden Reach Road,
Kolkata 700043.
ii) Principal Chief Personnel Officer, South Eastern
Railway, Garden Reach Road, Kolkata 700043.
iii) Sr. DPO, Kharagpur Division, South Eastern
Railway, Kharagpur, Post Office & P.S.- Kharagpur,
District- Paschim Medinipur, 721301.
iv) Assistant Personnel Officer (HRMS), South
Eastern Railway, Garden Reach Road, Kolkata
700043.
v) Sr. Divisional Personnel Officer, South Eastern
Railway, Chakradharpur Division, PO+PS-
Chakradharpur, Jharkhand - 833102
vi) M. Maleswar Rao, Loco Pilot, S.E.Rly,
Kharagpur Division, Kharagpur, Pin-721301.
vii) Avijit Banerjee, Loco Pilot, S.E.Railway,
Kharagpur Division, Kharagpur. Pin-721301.
...... Respondents.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2026.01.06 12:06:20+05'30'
Foxit PDF Reader Version: 2024.3.0
3 O.A. 1062 of 2025
For the Applicants : Mr. A. Chakraborty, Mr. Arpa Chakraborty; Counsel
For the Respondents : Mr. S.R. Sen; Counsel
ORDER
Per Hon'ble Mr. Suchitto Kumar Das, Administrative Member :
1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s):
"i) Office Order No. SER/P-HQ/EL/260/Corres/AEE 70%/ADA/KGP/2025 dated 05.06.25 issued by Asst. Personnel Officer (HRMS) on behalf of Pr.
Chief Personnel Officer cannot be sustained in the eye of law and as such the same may be quashed.
ii) An Order do issue directing the respondents to recast the Integrated Seniority List published on 29.04.25 and place the name of the applicants before the Private respondents who are working as Loco Pilot(Goods) in the Grade Pay of Rs. 4200.
iii) Leave may be granted to file this Original Application jointly under Rule 4(5)(a) of the CAT procedure Rule 1987."
2. Applicants are Chief Loco Inspectors posted in different divisions of South Eastern Railway. They applied for selection as AEE/ADE/AME and AWM (Group B) in response to the notifications dated 07.11.2024. All of them are in erstwhile Grade Pay of Rs. 4600/- (Level 7). Private respondents, Loco Pilots in the erstwhile Grade Pay of Rs. 4200/- (Level 6), also applied for the same posts. Selection to the aforementioned Gr. B posts is against 70% quota where relative seniority of the candidates who qualify in the Computer Based Written Test (CBT) is a crucial determinant. The official respondents published a provisional integrated seniority list of all eligible candidates in March 2025 and April 2025. The applicants herein represented against the provisional seniority lists. Their representation was turned down vide APO/SER's letter dated 05.06.2025 citing the decision, taken with the approval of PCPO SER, that Chief Loco Inspectors being stationary staff Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. 1062 of 2025 cannot be granted the benefit of RBE 92/2015 which equates Running Staff in Grade Pay of Rs. 4200/- to stationary staff in Grade Pay of Rs. 4600/- for the purpose of selection to Gr. B posts.
3. Ld. Counsel for the applicants submits that the applicants were initially appointed as Assistant Loco Pilots. Thereafter, they were promoted as Loco Pilots (Passenger). Some of them were promoted as Loco Pilots, Mail and Express. The applicants were promoted to the post of Chief Loco Inspectors between 2005 and 2022. As per RBE No. 80/2021, they completed more than 10 years of service before appearing in the selection test for promotion to the post of Chief Loco Inspector. Respondents issued notifications dated 07.11.2024 for formation of a panel of AEE/ADEE and AME/AWM(Group-B) against 70% quota of Mechanical Engineering Department for the Assessment cycle 01.01.2025 to 31.12.2026. Applications were invited from eligible Group C employees of South Eastern Railway for formation of the panel. The applicants applied for promotion to the post of AEE against 70% quota. Private respondents who were at present working as Loco Pilot (Goods) in the Grade Pay of Rs. 4200/- also appeared in the selection test for promotion to the post of AEE in the light of RBE No. 92 of 2015. Provisional Integrated Seniority List for the post of Assistant Electrical Engineer / AME was published wherein private respondents were placed above the applicants. The applicant no. 1 made representation dated 31.03.2025 praying for rectification of the integrated seniority list. Another provisional seniority list was published for promotion to the post of AEE/AME in April 2025 against which the applicants made representation. The applicants made a representation on 14.05.2025 stating inter alia that for preparing the integrated seniority list, date of their promotion as Loco Pilot goods (GP 4200) should be considered as per RBE 92/2015 dated 18.08.2015 as the applicants were promoted exclusively from Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. 1062 of 2025 running staff by normal channel of promotion. While constructing integrated seniority list for LDCE, their seniority date to be considered should be the date of promotion as LPG, not the date of promotion as CLI.
Assistant Personnel Officer (HRMS) on behalf of Principal Chief Personnel Officer, South Eastern Railway informed Senior Divisional Personnel Officer, South Eastern Railway/Adra/KGP Division vide Office Order dated 05.06.2025 that:
"It is amply clear that the post of CLI is classified as stationary post. The status of running staff i.e. LP (G) in Level-6, LP(P) in Level-6 or LP(M/E) in Level-6 as the case may be is ceased from the date when they are promoted as CLI in Level-7. Hence, consequent on promotion to the post of CLI, ex-LP(G) in Level-6. LP(P) in Level-6 or LP(M/E) in Level-6 are ineligible to get benefit of running staff including equivalence of grades with that of stationary posts. Accordingly, non-fortuitous service length in Level-7 of incumbents of CLIs cannot be equated at par with incumbents of running staff i.e. LP(G), LP(P) or LP(M/E) from the date when they were promoted/appointed as LP(G). Their non-fortuitous service in Level-7 can only be reckoned from the date of promotion to the post of Chief Loco Inspector in Level-7 as reckoned for other incumbents of stationary posts like SSE in Level-7 as reckoned for other incumbents of stationary posts like SSE in Level-7 while preparing the integrated seniority of eligible running and non-running staff for formation of panel of Gr-B post."
Ld. Counsel for the applicants submits that the private respondents were junior to the applicants in the post of Loco Pilot (Passenger be in pay band 6). They are at present working in the Grade Pay of Rs. 4200/- whereas the applicants being promoted to the post of CLI were placed in the Grade Pay of Rs. 4600/-. In all respects, the applicants are senior to the private respondents. Therefore, the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. 1062 of 2025 action of the respondents by placing the names of the applicants after private respondents in the integrated seniority list cannot be sustained. Moreover, other Zonal Railways have prepared integrated Seniority List for promotion to the post of AEE by placing the names of the CLI above the Loco Pilots (Goods).
4. Respondents in their written notes of argument have submitted as follows:
1) The applicants, who are working as Chief Loco Inspectors (hereinafter referred to as 'CLI'), have primarily prayed for the recasting of the integrated seniority list, seeking placement above the private respondents who are working as Loco Pilot (Goods). The matter pertains to a notification issued for filling up Group-B posts of Assistant Divisional Mechanical Engineer/Assistant Electrical Engineer under the 70% promotional quota.
For this selection, an integrated seniority list of all eligible staff, including SSES, JEs, Loco Pilots, and CLIs, was published, as the final panel is to be based on seniority amongst qualified candidates.
2) The applicants' main grievance is that their seniority should be determined from the date they were promoted to the post of Loco Pilot (Goods), arguing that they should be treated as 'Running Staff. Such contention is incorrect and contrary to the established rules. The post of Chief Loco lnspector is a stationary post, as reiterated by the Railway Board vide letter no. E(P&A)II-2015/RS-25 dated 13.11.2017. The applicants, upon their promotion to CLI on a voluntary basis, ceased to be 'Running Staff'. As such, CLIs are not eligible to claim the special dispensation which is extended to Loco Pilots (running staff).
3) Preparation of integrated seniority list for Group-B selection is governed by para 203.5 of the Indian Railway Establishment Manual (IREM) Vol. 1, as Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 1062 of 2025 amended by ACS no. 181 dated 05.01.2006. The provisions contained in IREM are statutory in nature. This rule stipulates that the date of appointment to the grade of Rs. 6,500-10,500 (i.e. Leve-7, 7th CPC) on a non-fortuitous basis is the criterion for determining seniority when employees from different streams are eligible for promotion to a common post. The seniority list in question has been prepared strictly in accordance with this rule. For the CLIs (Applicants), their date of entry into this grade is the date they were promoted to the post of CLI in Level-7. For the Loco Pilots (Private Respondents) who are in Level-6, their date of entry as Loco Pilot (Goods) is considered their effective date for the seniority list. This is a special consideration extended only to the running staff. The category of employees who are classified as running staff is clearly mentioned in Running Allowance Rules, 1981 and nothing has been mentioned about CLI in those rules.
4) Para 203.5 specifically states that since employees from the different streams are eligible to appear for the selection, their integrated seniority for purposes of the selection should be determined on the basis of total length of non-fortuitous service rendered in grade Rs. 6500-10500 (R.S.) i.e. (Level 7) and above. In other words the date of appointment to the grade Rs. 6500-10500 (R.S.) i.e. (Level 7) on a non-fortuitous basis will be the criterion. It talks of Employees of Level 7 and above and as such that does not apply to Employees in Level 6. When the Rule is clear and unambiguous there is no scope for further interpretations. The contention of the applicants that they have already got the benefit to be considered as equivalent to Level-7 when they were working as Loco Pilot (Goods) is Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. 1062 of 2025 totally misplaced. The provisions of RBE-92/2015 apply only to the running staff and not to any other category.
5) It is also worthwhile to understand why special consideration to Loco Pilots is given. Loco Pilot is a non-supervisory staff and the highest post in their AVC is Loco Pilot (Mail/express). The post of Loco-pilot(Goods), loco Pilot (passenger) and Loco pilot (Mail/express) are all in pay level of Level-6 and the pay fixation benefit is given in Level-6 only, whereas CLIs are in pay level-7 and are supervisory staff. They only have inspection and counselling duties and do not perform regular running duties. The moment they are promoted as CLI on selection, they are granted 30% pay element benefit on transition from running to stationery post. This is not the case in promotions in stationery posts. The moment CLIs avail 30% pay element benefit on selection, they have already availed the benefit of their services as running staff. Extending the benefit of special consideration of running staff to CLIs in selection will result in double benefit which will jeopardise the whole concept of 30% pay element on promotion to CLI (stationary post) and it is the current running staff who will be at disadvantage if the same benefit is extended to CLIs. Further, CLIs are always in supervisory position vis-à-vis the Loco pilots, however, the rules of selections are different, as such, these cannot be mixed together.
6) Further, why should a CLI get special consideration when there are SSEs who are also at disadvantageous position with respect to the running staff. The entry qualification of Loco pilot is 10th pass ITI/Diploma, whereas entry qualification of SSE is B.E./B.Tech which is a much higher qualification. The SSEs are in the highest pay level in Group-C category since their Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. 1062 of 2025 appointment as SSE, but they too have to follow the rules of selection. The applicants are mixing their position in their AVC with their position in integrated seniority list. But, the AVC of a particular category of staff and rules of seniority for a particular selection are totally different. Both cannot be compared on a similar footing.
7) The applicants voluntarily left the running category to become CLIs, thereby accepting the seniority conditions of the new stationary post. They cannot now claim the benefits of a category they chose to leave. It is stated that upon accepting the promotion to Chief Loco Inspector (CLI), the petitioners voluntarily transitioned from being "running staff" to holding a "stationary post." This change in job category is fundamental and dictates how their seniority is calculated. Once they cease to be running staff, the special rules and benefits applicable to that category no longer apply to them for determining seniority. The promotion to the post of CLI is not part of the normal career progression for a Loco Pilot; it is an alternative path available through a selection process on a voluntary basis The applicants consciously chose to apply for and accept this promotion, fully aware that it was a supervisory, stationary role with a different set of duties and service conditions. By accepting the promotion, they implicitly accepted the method by which their seniority in this new cadre would be determined. On becoming CLIs they have progressed from Level 6 to level 7, from a Non Stationery Post to a Stationery post, from an Operational Post to a Supervisory post and their Grade pay has changed from Rs. 4200/- to Rs. 4600/-. They cannot now seek the benefits of both the higher stationary post and the seniority rules of the running staff category they voluntarily left.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A. 1062 of 2025
8) The applicants' reliance on RBE-92/2015 is misplaced. RBE-92/2015 was issued to create a fair equivalence between running staff and stationary staff for the purpose of determining eligibility for Group 'B' promotions.
Since running staff like Loco Pilots (Goods) are in a lower pay level (Level-6) than stationary staff like Senior Section Engineers (SSE) (Level-7), the circular equates the LPG post to a higher grade (Level-7) to allow them to compete and nothing more. RBE -92/2015 deals only with the eligibility of the candidates for Promotion /Selection to Group B Post and does not say anything as to how seniority in the consolidated seniority list would be firmed up. It is humbly submitted that the scale of stationery post to which the scale of employees of level 6 to be equated does not, per se, become the actual scale of the level 6 employees but simply enables them to compete for Group B Promotions The respondent railway humbly submits that this rule is meant to benefit employees who are currently running staff. The circular does not contain any provision that allows a former running staff member, now in a stationary post, to use their past service in the running category to gain a seniority advantage. The circular nowhere stipulates that CLIs should be granted the benefit of their past services as running staff for seniority purposes.
9) By accepting promotion to the post of Chief Loco Inspector (CLI), ceased to be 'Running Staff and became 'Stationary Staff. The term "Running Staff"
is explicitly defined in Rule 3(iv) of the Running Allowance Rules, 1981, and the post of CLI is not included in this list. The duties of CLIs are supervisory and inspectional (e.g., foot-plate inspections, running room inspections, testing of running staff). This is distinct from the duties of Running Staff (Loco Pilots/Guards), which are operational and directly connected with the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 11 O.A. 1062 of 2025 movement of trains. The promotion to CLI is an alternative path, voluntary, and outside the normal career progression of a Loco Pilot By accepting this stationary post (Level-7), the applicants implicitly accepted the seniority conditions of the new cadre, which are different from those for running staff The Railway Board has repeatedly clarified that the post of CLI is a stationary post, notably via letter no. E(P&A)II-2015/RS-25 dated 13.11.2017.
10) The integrated seniority list for the Group-B selection (AEE/AME) has been prepared correctly by applying the established rules. As per IREM Para 203.5, seniority for integrated lists, where employees from different streams are eligible, is governed by Para 203.5 of the Indian Railway Establishment Manual (IREM) Vol. 1, as amended by ACS No. 181 The criterion is the date of appointment to the grade of Rs. 6,500-10,500 (equivalent to Level-7) on a non-fortuitous basis Since CLI is a Level-7 stationary post, the applicant's seniority date is correctly reckoned from the date they were promoted to CLI. The sole purpose of RBE 92/2015 is to create a fair comparison for eligibility for Group-B selection by equating the LPG post (Level-6) to a stationary post in Level-7 only for the purpose of promotion. Therefore, the private respondents' seniority date is correctly reckoned from the date they became LPG (Level-6), as this date is treated as their effective entry into the equated Level-7 grade for the selection. The applicants (CLIs), being stationary staff, are treated like any other Level-7 stationary employee. They cannot claim the benefit of RBE-92/2015 to backdate their seniority to their LPG period, as this circular is designed to benefit only those who are currently in the running staff category. Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 12 O.A. 1062 of 2025
11) The applicants have relied on the procedure adopted by South East Central Railway (SECR) to support their claim for fixation of their effective date of seniority. This is not the correct method of determining seniority.
The respondent Railway can also show example of other Railways who have adopted the same methodology as adopted by the respondents herein. The methodology adopted by SECR may be an executive decision and the respondent Railway is not bound to follow their model. In the event of any dispute, the only fair way is to look into the statutory rules and those are provided in only the IREM. The provisions of IREM will prevail over any executive decision and the respondents have acted in accordance with statutory provisions.
12) Seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. Apart from that, a right to get certain position in seniority list is not an accrued or vested right. The Hon'ble Supreme Court in matter of Civil Appeal no. 2239 of 1997 in the matter of Ashok Kumar Gupta & Ors. -Vs- State of Uttar Pradesh as held as given hereunder: ".....In service jurisprudence, a distinction between right and interest has always been maintained. Seniority is a facet of interest. When the Rules prescribe the methods of selection/recruitment, seniority is governed by the ranging given and governed by such rules as was held by a bench of three judges in A.K. Bhatnagar & Ors. v. Union of India & Ors [(1993) supp. 1 SCC 730 in paras 14 & 15] another Bench of three judges had held that no one has a vested right to promotion or seniority but an officer has an interest to seniority acquired by working out the rules. In A.B.S.K. Sangh v. Union of India & Ors. (JT (1996) SC 274], a Bench to which two of us, K. Ramaswamy Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 13 O.A. 1062 of 2025 & G.P. Pattanaik, JJ., were members, following the above ratio, held that no one has a "vested right to promotion or seniority but an officer has an interest to seniority acquired by working out the rules". It could be taken away only by operation of valid law. In M.D. Shujat Ali & Ors. v. Union of India & Ors. [(1975) 1 SCR 449] a Constitution Bench had held that Rule 18 of the Andhra Pradesh Engineering Service Rules which confers a right of actual promotion or a right to be considered by promotion is a rule prescribing conditions of service. In Md. Bhakar v. Krishna Reddy (1970 SLR
768), another Bench of three Judges had held that any rule which affects that promotion of a person relates to conditions of service. In State of Mysore v. G.B. Purohit (1967 SLR 753) a Bench of two judges had held that the rule which merely affects chances of promotion cannot be regarded as varying condition of service. Chances of promotion are not condition of service. In Ramchandra Shankar Deodhar v. State of Maharashtra [(1974) 1 SCC 317], a Constitution Bench had held that a rule which merely affects the changes of promotion does not amount to change in the conditions of service. In Syed Khalid Rizvi & Ors. v. Union of India & Ors [(1993) supp. 3 SCC 575] a Bench of three judges following the above ratio, with approval, had held at page 602 para 31, that no employee has a right to promotion but he has only the right to be considered for promotion according to rules.
Chances of promotion are not conditions of service and are defeasible in accordance with the law."
13) In a dissenting judgement passed in S.S. Bola v. B.D. Sardana, (1997) 8 SCC 522, it was held as under: "A distinction between the right to be considered for promotion and an interest to be considered for promotion has always been maintained. Seniority is a facet of interest. The rules Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 14 O.A. 1062 of 2025 prescribe the method of recruitment/selection. Seniority is governed by the rules existing as on the date of consideration for promotion. Seniority is required to be worked out according to the existing rules. No one has a vested right to promotion or seniority. But an officer has an interest to seniority acquired by working out the rules. The seniority should be taken away only by operation of valid law. Right to be considered for promotion is a rule prescribed by conditions of service. A rule which affects chances of promotion of a person relates to conditions of service. The rule/provision in an Act merely affecting the chances of promotion "would not be regarded as varying the conditions of service. The chances of promotion are not conditions of service. A rule which merely affects the chances of promotion does not amount to change in the conditions of service. However, once a declaration of law, on the basis of existing rules, is made by a constitutional court and a mandamus is issued or direction given for its enforcement by preparing the seniority list, operation of the declaration of law and the mandamus and directions issued by the court is the result of the declaration of law but not the operation of the rules per se."
14) The respondents rely on clear judicial pronouncements supporting their classification of CLIs as stationary staff and dismiss the applicants' reliance on certain judgments.
15) In Union of India & Others vs. B. Baneerjee (Civil Appeal No. 7298/2013): The Supreme Court categorically held that no running allowance is admissible to any staff permanently engaged in stationary duties, including erstwhile running staff. This principle was followed by the Hon'ble High Courts of Allahabad and Madras.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
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16) The applicants' reliance on the Supreme Court's dismissal of the SLP in Civil Appeal No. 3110/2016 (UOI -Vs- Kishan Lall Sharma & Ors.) is misplaced. A summary dismissal in limine (at the threshold) without a reasoned order does not constitute a declaration of law under Article 141 of the Constitution of India and therefore is not a binding precedent.
17) Even so the 30% add-on pay element granted to CLIs for retirement benefits is a compensatory measure to offset the financial loss of moving from running staff (with high running allowance) to a stationary post. The very existence of this compensation proves they are not running staff.
18) The Original Application is not maintainable in law and devoid of merit., based on a misinterpretation of rules and misapplication of non-binding precedents. The integrated seniority list prepared by the Respondents is accurate, rule-compliant, and just.
19) The respondents pray for the dismissal of the Original Application.
5. Heard the parties. Perused material on record.
6. It is the case of the applicants that the Chief Loco Inspectors having been promoted from the cadre of Loco Pilots cannot be denied the benefit of RBE 92/2015 which equates Loco Pilot in Level 6 to stationary staff in Level 7. It is their specific case that their date of appointment as Loco Pilots in Level 6 being prior to those of the private respondents they should be placed above the private respondents in the integrated seniority list. Ld. Counsel for the applicants cites the judgment of the Hon'ble Delhi High Court in Union of India vs. Kishan Lal, upholding the decision of the Principal Bench of this Tribunal directing enhancement of pay to 55% of the basic at par with the running staff for the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 16 O.A. 1062 of 2025 purpose of pension calculation. This judgment was not interfered with by the Hon'ble Supreme Court.
7. As per the respondents, the applicants having accepted promotion to the post of Chief Loco Inspector have voluntarily foregone the benefits of their earlier posting as Loco Pilot in Level 6. Provisions for equating Level 6 to Level 7 for the purpose of selection to Gr. B posts contained in RBE 92/2015 are specific to certain group of employees including the Loco Pilots. These provisions obviously apply to the incumbent Loco Pilots only and not to those who may have been Loco Pilots in the past but occupy a different post now. Ld. Counsel for the respondents submits that as per Railway Board's letter dated 13.11.2017 Chief Loco Inspectors are stationary and not running staff. Therefore, the seniority of the applicants who currently occupy the post of Chief Loco Inspectors will be determined in terms of their entry into Level 7 with no reference to their date of appointment in Level 6 for the purpose of preparation of the integrated seniority list. Respondents further submit that the decisions cited in Kishan Lal (supra) is not law laid down by the Hon'ble Supreme Court under Article 141 as the SLP against this decision was dismissed in limine without citing any specific reason. Ld. Counsel for the respondents cites a number of judgments including Union of India & Others Vs. B. Banerjee [2013 (10) SCC 265] in which it has been held by the Courts that an employee not actually performing train running duties is not a running staff.
8. Applicants in their rejoinder have submitted that in B. Banerjee (supra), the issue is related to payment of running allowance to a medically de-categorized staff posted as Crew Controller, hence not applicable to the present case. Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
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9. The applicants being in Level 7 are decidedly senior to the private respondents who are in Level 6. However, for the purpose of integrated seniority list for promotion to Gr. B, private respondents have been placed above the applicants due to the application of provisions of RBE 92/2015. It is not disputed that the applicants were posted as Loco Pilots prior to their promotion as Chief Loco Inspectors. In this case, their promotion has had an adverse effect on their future career almost to the extent of being punitive in nature. An employee who has been promoted presumably because of his good performance cannot be penalised for his promotion. Placing seniors below the juniors in an integrated seniority list particularly when they belonged to the same category at one time, is an obvious anomaly which has resulted due to too literal an interpretation of Railway Board's letters dated 18.08.2015 (RBE 92/2015) and 13/11/2017 disregarding the reality of the situation. In this context, we take note of the letter dated 08/08/2025 issued by Central Railway in the same context placed on record by the applicants in their rejoinder. In the said letter, it is implicit that after assessing the implications, the Railway had considered it prudent to consider the seniority of the Chief Loco Inspectors from the date of their appointment in Level-6.
10. RBE No. 92/2015 is reproduced below:
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 20 O.A. 1062 of 2025 on promotion is a financial compensation given to the CLIs which if anything reinforces the proposition that the CLIs were running staff in their earlier postings.
12. Since the issue at hand relates only to the integrated seniority list, we refrain from adjudicating on the issue whether the Chief Loco Inspectors are running staff or not. In Kishan Lal (supra), the Tribunal and the Hon'ble Delhi High Court held that for the purpose of calculating their pension, denial of 55% enhancement of basic pay amounted to discrimination. The order in Kishan Lal (supra) was only with regard to calculation of pension of Chief Loco Inspectors. In our opinion, in the instant case not taking the applicants' dates of appointment in Level 6 resulting in their becoming junior to the Loco Pilots is discriminatory and cannot be sustained.
13. We accordingly quash and set aside the impugned order dated 05.06.2025 and the provisional seniority lists dated 21.03.2025 and 29.04.2025 and direct the respondents to reckon the seniority of the applicants in the integrated seniority list for the purpose of selection for the posts of AEE/AME/ADEE and AWM on the basis of their appointment in erstwhile Level 6 (GP Rs. 4200/-) within a period of 60 days from the date a copy of this order is received by them.
14. We make it clear that our above order is specifically applicable only to the case of Chief Loco Inspectors eligible for the posts of AEE/AME/ADEE and AWM only and not to any other category of employees eligible for selection to Gr. B posts.
15. During hearing, it was brought to our notice by the respondents that in view of varying stands adopted by different zonal Railways in the matter of seniority of Chief Loco Inspectors in the integrated seniority list for Gr. B Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0 21 O.A. 1062 of 2025 promotions, a reference has been made to Railway Board for clarification. We direct the respondent Railway to send a copy of this judgment to the authorities concerned in the Railway Board's office.
16. OA is disposed of with the above noted observations and directions. There will be no order as to costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Member (A) Member (J)
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.01.06 12:06:20+05'30' Foxit PDF Reader Version: 2024.3.0