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Showing contexts for: corrigendum correct in Prabhat Ranjan Singh vs R.K. Kushwaha on 7 September, 2018Matching Fragments
8.2 That your Lordships may further be pleased to direct the respondents to recast the seniority list afresh on the basis of principle laid down by Hon’ble Supreme Court of India in NR Parmar Case and DOPT OM dated 04.03.2014 as referred to above without any further delay. 8.3 That the Respondents further be directed to issue Corrigendum/amendment/Correction slip in Indian Railway Establishment Manual Volume1, henceforth in view of new Guidelines/directives of DOPT OM dated 04.03.2014 as contained in Annexure A/11 which is based on the principle/law laid down by the Hon’ble Supreme Court of India in NR Parmar Case regarding fixation of interse seniority between Direct Recruitees and Promotees Officers.
26. As far as the second question is concerned we may note that we have already quoted the prayer clause of OA No.460 of 2016 filed before the CAT. In the said OA there is not even a whisper of a challenge to the policy of giving weightage to the promotees. In fact that issue was not raised before the CAT. The case set up by the direct recruits before the CAT was that since the requisition for recruitment had been issued on 23.10.2007, they should be granted seniority from that date in view of the judgment rendered by this Court in N.R. Parmar’s case (supra) read with DoPT OM dated 04.03.2014. It has been urged by Shri Guru Krishna Kumar, learned senior counsel appearing for the direct recruit that prayer 8.3 in which it is prayed that corrigendum/amendment/corrections slip be issued in IREM VolumeI is itself a prayer to quash the said IREM. We are unable to accept this contention. If the direct recruit wanted to lay challenge to the policy of giving weightage to promotees then the basis for the challenge had to be made in the original application and the rule granting such weightage had to be specifically challenged in the prayer clause. The promotees who were liable to be affected should have been arrayed as respondents. Such a challenge cannot be entertained from the back door by merely alleging that corrigendum/ amendments/corrections to the IREM be issued. Neither the corrigendum, nor the amendment or the corrections could result in the quashing of rule granting weightage. Furthermore, if prayer 8.3 is read as a whole, what is prayed is that the correction be made with a view to bring the IREM in line with DoPT OM dated 04.03.2014, which is based on the principle of law framed in N.R. Parmar’s case (supra).