Patna High Court
The Union Of India And Ors vs Khursid Anwar And Ors on 13 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19941 of 2016
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1. The Union Of India and Ors
2. The General Manager, East Central Railway, Hajipur.
3. The General Manager, Personnel, East Central Railway, Hajipur.
4. The Senior Personnel Officer ESM, East Central Railway, Hajipur.
... ... Petitioner/s
Versus
1. Khursid Anwar and Ors Son of Md. Nasiruddin, resident of Loharwa Ghat,
Alamganj, Post- Guljarbagh, Police Station- Alamganj, District- Patna.
2. Manoj Kumar, Son of Kamal Kishore Prasad, resident of Kishore Bhawan,
Road No. 10, H.N.-65, Damaria, Post- Anishabad, Police Station-
Gardanibagh, District- Patna.
3. R.R. Triyar, Son of Krishna Kumar Triyar, resident of Opposite Shastri
Nagar Girls High School, Post and Police Station- Shastri Nagar, District-
Patna.
4. Anup Kumar Gupta, son of not known, posted as PS-II, Security.
5. Aman Kumar, son of not known, posted as PS-II, Construction.
6. Firoz Ansari, son of not known, posted as PS-II, Personnel.
7. Niranjan Kumar, son of T.N. Prasad Singh, posted as PS-II, Construction.
8. Abdhesh Thakur, son of U.P. Thakur, posted as PS-II, Construction S and T.
9. Abhishek Kumar, son of A.K. Sinha, posted as PS-II, Construction.
10. Dilip Kumar, son of not known, posted as PS-II, Construction.
11. Ajay Kumar Pandey, son of B.P. Pandey, posted as PS-II, Vigilance.
12. Jitendra Kumar Ram, son of M. Ram, posted as PS-II, Security.
13. Yadu Nath Prasad, son of not known, posted as PS-II, Administration.
14. Uttam Kumar, son of Ganauri Lal, posted as PS-II, Administration.
15. Akhilesh Prasad, son of not known, posted as PS-II, Personnel.
16. Vikash Kumar Singh, son of not known, posted as PS-II, Construction.
17. R.P. Karan, son of Lal Dev Prasad, posted as PS-II, Construction.
18. Vijay Kumar, son of not known, posted as PS-II, Administration.
19. P.K. Singh, son of not known, posted as PS-II, Administration.
20. Ajay Kumar Singh, son of R.J. Singh, posted as PS-II, Store.
21. Vijay Kumar Choudhary, son of not known, posted as PS-II, Construction.
22. Ramanuj Das, son of S.R.R. Das, posted as PS-II, Store.
23. Chandan Kumar, son of Tulsi Ram, posted as PS-II, Administration.
Patna High Court CWJC No.19941 of 2016 dt.13-02-2023
25. Pramod Lakra, son of not known, posted as PS-II, Construction S and T.
Respondent No.- 4 to 24 posted Grade- II in the Office of General Manager
Personnel, E.C. Railway, Hajipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nivedita Nirvikar, Advocate
For the Union of India : Mr.Tuhin Shankar, Advocate
For the Respondent/s : Mr.R.K.Bariar, Advocate
Mr.M.P.Dixit, Advocate
Mr.S.K.Dixit, Advocate
Mr.S.K.Chaubey, Advocate
Mrs.Swatika, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 13-02-2023
In the instant petition, petitioner has prayed for the
following relief:-
"That this is an application for
issuance of writ in the nature of certiorari for
quashing the order dated 28.07.2016 passed by
the Central Administrative Tribunal, Patna
Bench, Patna (hereinafter referred as the
Tribunal) in O.A. No. 962 of 2012 (Khurshid
Anwar & Ors. vs. The Union of India & Ors.)
whereby and where under the learned Tribunal
held that the applicants/respondents 1st set to be
entitled for promotion to the post of Private
Secretary Grade II (in short PS-II) in Grade
pay of Rs. 4600/- and accordingly the learned
Tribunal has been pleased to set-aside seniority
list dated 24.01.2012 of PS-II and order dated
06.08.2012 directing the Respondent
(Petitioners herein) to fix and maintain the
inter-se seniority of applicants/respondents 1st
set and respondents 2nd set in the seniority list of
Patna High Court CWJC No.19941 of 2016 dt.13-02-2023
PS-II as per the seniority of Confidential
Assistant (in short Cas)."
2. Original Applicants before the CAT have questioned
the validity of Annexure-A/15 and Annexure-A/19 dated
24.01.2012 and 06.08.2012. Perusal of Annexure-A/15, it is
evident that it is only a provisional seniority list of Private
Secretary Grade-II and rejection of petitioners' grievance. In all
fairness CAT should not have entertained the Original Application
insofar as challenge to the provisional seniority list of Private
Secretary Grade-II. Reading of Section 19 of the Administrative
Tribunal Act, 1985, it is crystal clear that only against order in
other words final order could be challenged before the CAT. As is
evident from Annexure-A/15, it is only a provisional seniority list,
therefore, one has to draw inference that official authorities would
issue final seniority list after due consideration of
objection/suggestion of any affected person's ranking or any other
issues.
3. In the present case it is noticed that original applicants
are stated to have filed their objections/suggestions to alter their
ranking, etc. However, it has been rejected without issuing final
seniority list. Therefore, original application filed by the original
applicants is not maintainable. Accordingly, it is set aside while
treating the provisional seniority list vide Annexure-A/15 as
Patna High Court CWJC No.19941 of 2016 dt.13-02-2023
provisional. The original applicants are permitted to file their
further objections/suggestions within a period of one month from
the date of receipt of this order. Thereafter, the concerned authority
is hereby directed to consider grievance of the original applicants
and proceed to publish final seniority list.
4. Apex Court in the case of C. Navaneeswara Reddy
vs. State of Andhra Pradesh & Ors. reported in (1998) 3 SCC
240 held that while publishing final seniority list
objections/suggestions to the provisional seniority list is to be
considered. The principle in the aforesaid decision is attracted in
the present case. Concerned authority is directed to take note of the
same.
5. Rejection of original applicants' grievance vide order
dated 06.08.2012 is set aside. The entire matter is remanded to the
concerned authority to undertake fresh steps insofar as
consideration of objections/suggestions of the original applicants
and proceed to publish final seniority list. The above exercise shall
be completed within a period of four months from the date of
receipt of this order.
6. Thereafter, consider grievance of the original
applicants before the CAT. If grievance is redressed in their favour,
in that event concerned authority is hereby directed to undertake
Patna High Court CWJC No.19941 of 2016 dt.13-02-2023
promotion procedure on par with the contesting respondents who
were promoted.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2023
Transmission Date NA
