Ravindra Kumar Suthar vs Western Railway on 6 April, 2026
In rebuttal, learned counsel for the applicants besides reiterating the
contentions as noted above, submitted that the reliance placed by the
respondents on the judgment of the Hon‟ble Supreme Court in
Pushpa Rani (supra) is misplaced and distinguishable on facts. In
Pushpa Rani, the policy dated 19.10.2003 pertains to restructuring by
merging the Group „C‟ & and Group „D‟ posts to create a new cadre,
thereby involving a change in cadre structure. The policy itself
clarified that such instructions would not apply in cases where there is
no change in duties or designation. In the present case, there is no
change in cadre, duties, or designation. The exercise undertaken is
purely for financial upgradation to address stagnation. Hence, the said
2026.04.07
JITENDRA
14:55:05
RAJ MEHTA
+05'30'
29 O.A. NO. 211/2023 & Connected OAs
judgment does not support the case of the respondents. Further, it is
submitted that the judgment passed by Hon‟ble Apex Court in the
case of BSNL apply in the facts of the present case and the order
passed by CAT, Mumbai Bench in OA No. 327/2023 as well the
CAT, Hyderabad Bench. The respondents have erroneously
interpreted the instructions contained in the subsequent clarification
dated 14.07.2023. According to the learned counsel there is no
creation of any new post under the scheme of RBE No.155/2022
therefore; the impugned orders are bad in law.