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Sudhir Kumar Sharma vs M/O Railways on 3 September, 2019 cites

K.P.Sudhakaran & Anr vs State Of Kerala & Ors on 11 May, 2006

In our view, the said clarification of the Railway Board is not justified as the same violates the law laid down by Hon'ble Apex Court in K.P. Sudhakaran's case as well as Pratibharani's case (supra) as applicant's intra-railway transfer did not disturbed the seniority of other railways except North Western Railway and for the same, he 17 was placed at the bottom of seniority. Further, by reckoning his entry into Group 'B' service from the date of his joining in the North Western Railway on own request amounts to wiping out his past Group 'B' service rendered in Western Railway. Even otherwise also, the condition laid down by the respondents for his own request transfer was acceptance of his bottom seniority. Applicant once assigned bottom seniority now again cannot be inflicted with such loss again by putting him at loss of his seniority amongst other similarly placed employees working in other Railways since assigning him bottom seniority was limited to the North Western Railway. Hence, we find the clarification dated 14.02.2012 issued by the Railway Board, as averred in the reply, is unjustified and illegal.
Supreme Court of India Cites 3 - Cited by 99 - Full Document

Pratibha Rani vs Union Of India on 12 December, 2018

In our view, the said clarification of the Railway Board is not justified as the same violates the law laid down by Hon'ble Apex Court in K.P. Sudhakaran's case as well as Pratibharani's case (supra) as applicant's intra-railway transfer did not disturbed the seniority of other railways except North Western Railway and for the same, he 17 was placed at the bottom of seniority. Further, by reckoning his entry into Group 'B' service from the date of his joining in the North Western Railway on own request amounts to wiping out his past Group 'B' service rendered in Western Railway. Even otherwise also, the condition laid down by the respondents for his own request transfer was acceptance of his bottom seniority. Applicant once assigned bottom seniority now again cannot be inflicted with such loss again by putting him at loss of his seniority amongst other similarly placed employees working in other Railways since assigning him bottom seniority was limited to the North Western Railway. Hence, we find the clarification dated 14.02.2012 issued by the Railway Board, as averred in the reply, is unjustified and illegal.
Supreme Court - Daily Orders Cites 0 - Cited by 35 - Full Document

Mahinder Singh Oberio And Ors., Rajesh ... vs Union Of India (Uoi) And Ors. on 10 April, 2003

In Panna Lal's case, from perusal of para 4 of the judgment, it appears that the applicants prayer was to negate or ignore the inter-se seniority of a Zone for the purpose of integrated seniority on All India basis whereas they were placed 18 at bottom seniority on intra-railway transfer. In Arunjyoti Sahoo's case, the co-ordinate Bench did not consider the rationale of assigning bottom seniority as well as issue of reckoning of past services rendered as discussed above. In the facts and circumstances of the present case, in our view, applicant cannot twice be placed at bottom seniority or put to loss of his seniority twice as respondents action of placing him in bottom seniority vis a vis employees in the Railway Zone where he sought transfer is justified but again at a later date, putting him at the bottom seniority vis a vis other similar employees of other railway zones is not justified as acceding to the request transfer of the applicant in North Western Railway cause no prejudiced or affected his seniority at all since it was being maintained Railway wise at the time of his transfer to North Western Railway.
Delhi High Court Cites 8 - Cited by 115 - M Sarin - Full Document

Arunjyoti Thakuria vs The Union Of India And 4 Ors on 8 April, 2019

15. During the course of arguments, respondents cited judgments of the CAT Principal Bench in case of Panna Lal Vs UOI & Ors dated 21.08.2017 (OA No. 2804/2017) and CAT Cuttack Bench in case of Arunjyoti Sahoo Vs UOI & Ors dated 02.01.2017 (OA No. 260/00036/14) and submitted that in similar matters, the co-ordinate Benches of this Tribunal denied the similar reliefs to the applicants therein. We have gone through both the judgments.
Gauhati High Court Cites 0 - Cited by 1 - N K Singh - Full Document
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