Smt. Ranjana Srivastava vs The Union Of India
2023 Latest Caselaw 5465 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL REVIEW No.2 of 2020
                                         In
                   Civil Writ Jurisdiction Case No.13946 of 2019
     ======================================================

1. Smt. Ranjana Srivastava Daughter of D.B. Srivastava Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

2. Taramani Ekka, D/o P. Ekka, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

3. Manju Kumari, D/o Surendra Kumar, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

4. Ambika Kumari, D/o Motilal, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

5. Rashmi Srivastava, D/o Late J.K. Srivastava, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

... ... Petitioners.

Versus

1. The Union of India through the General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar).

2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.-

Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar).

3. The Chief Medical Director, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar).

4. The Divisional Railway Manager, East Central Railway, Danapur, P.O.-

Khagaul, P.S.- Khagaul, District- Patna, Pin Code- 801105 (Bihar).

5. The Senior Divisional Personnel Officer, East Central Railway, Danapur, P.O.- Khagaul, P.S.- Khagaul, District- Patna, Pin Code- 801105 (Bihar).

6. The Medical Director, Central Hospital, East Central Railway, Karbighayia, Patna (Bihar).

7. Madhumati Kumari, D/o Babu Lal Prasad, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

8. Nirmal Kumar Swatantra, D/o Paul Chatri, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

9. Mina Sinha, D/o R.C. Sinha, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

10. Urmila Kumari, D/o Late Sita Ram, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

11. Sarita Kumari, D/o Susheet Kumar, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

12. Rina Kumari, D/o Bengali Ram, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

13. Anu Rana, D/o S.N. Sharma, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

14. Kiran Kumari, D/o Dukhi Prasad, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Nction, Patna, Pin Code- 800001 (Bihar).

15. Muni Kumari, D/o Sharvan Pandit, Nursing Sister/ Chief Matron, Central Super Specialty Hospital, East Central Railway, Karbighayia Junction, Patna, Pin Code- 800001 (Bihar).

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Munna Pd Dixit (M.P. Dixit), Advocate.

Mr. S.K. Dixit, Advocate.

Mr. S.K. Chaudhary, Advocate.

Ms. Swastika, Advocate.

For the Opposite Parties : Mr. Sujeet Kumar Singh, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 31-10-2023

The present Civil Review Petition is filed for

reviewing the order/judgment dated 29.11.2019 passed in

C.W.J.C. No.13946 of 2019.

2. The review petitioners, namely, Smt. Ranjana

Srivastava, Taramani Ekka, Manju Kumari, Ambika Kumari and

Rashmi Srivastava are in the Parent Organization-Central Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

Hospital and respondent nos.7 to 15, namely, Madhumati

Kumari, Nirmal Kumar Swatantra, Mina Sinha, Urmila Kumari,

Sarita Kumari, Rina Kumari, Anu Rana, Kiran Kumari and

Muni Kumari are stated to have transferred to Central Hospital

on their own from different Hospitals. Their past services have

been counted for the purpose of seniority in the Central

Hospital, in the cadre of Nursing Sister, resulting in affecting the

rights of the review petitioners Smt. Ranjana Srivastava,

Taramani Ekka, Manju Kumari, Ambika Kumari and Rashmi

Srivastava (five review petitioners), whose parent's organization

is Central Hospital. In this regard, on 26.03.2014 provisional

seniority list was prepared wherein the review petitioners Smt.

Ranjana Srivastava, Taramani Ekka, Manju Kumari, Ambika

Kumari and Rashmi Srivastava have been placed below

Madhumati Kumari, Nirmal Kumar Swatantra, Mina Sinha,

Urmila Kumari, Sarita Kumari, Rina Kumari, Anu Rana, Kiran

Kumari and Muni Kumari. Thus, Smt. Ranjana Srivastava,

Taramani Ekka, Manju Kumari, Ambika Kumari and Rashmi

Srivastava being aggrieved by their ranking and placing them

below Madhumati Kumari, Nirmal Kumar Swatantra, Mina

Sinha, Urmila Kumari, Sarita Kumari, Rina Kumari, Anu Rana,

Kiran Kumari and Muni Kumari, have approached the Central Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

Administrative Tribunal in filing Original Application No.783 of

2014 and it was allowed on 14.12.2018. Union of India and

others feeling aggrieved by the order of Central Administrative

Tribunal presented C.W.J.C. No.13946 of 2019 and it was

allowed by reversing the order of the Central Administrative

Tribunal dated 14.12.2018 passed in Original Application

No.783 of 2014. Hence, the present Civil Review Petition on

behalf of Smt. Ranjana Srivastava, Taramani Ekka, Manju

Kumari, Ambika Kumari and Rashmi Srivastava (five review

petitioners), who are Nursing Sisters and who have been placed

below Madhumati Kumari, Nirmal Kumar Swatantra, Mina

Sinha, Urmila Kumari, Sarita Kumari, Rina Kumari, Anu Rana,

Kiran Kumari and Muni Kumari.

3. Learned counsel for the review petitioners

vehemently contended that Madhumati Kumari, Nirmal Kumar

Swatantra, Mina Sinha, Urmila Kumari, Sarita Kumari, Rina

Kumari, Anu Rana, Kiran Kumari and Muni Kumari, whose

services have been drafted to Central Hospital at their own

request, therefore, they are not entitled to count past services.

By virtue of appointment by transfer of Madhumati Kumari,

Nirmal Kumar Swatantra, Mina Sinha, Urmila Kumari, Sarita

Kumari, Rina Kumari, Anu Rana, Kiran Kumari and Muni Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

Kumari, the rights of the review petitioners have been affected.

This Court has not appreciated the fact while deciding C.W.J.C.

No.13946 of 2019. It is submitted that documents produced

along with the counter affidavit in C.W.J.C. No.13946 of 2019,

it is evident that appointment by transfer to Madhumati Kumari,

Nirmal Kumar Swatantra, Mina Sinha, Urmila Kumari, Sarita

Kumari, Rina Kumari, Anu Rana, Kiran Kumari and Muni

Kumari, are at their own request. Therefore, they are not

entitled to have the benefit of counting past services by placing

over and above the review petitioners Smt. Ranjana Srivastava,

Taramani Ekka, Manju Kumari, Ambika Kumari and Rashmi

Srivastava (five review petitioners).

4. It is necessary to reproduce paragraphs 24 and 25

of the order/judgment dated 29.11.2019 passed in C.W.J.C.

No.13946 of 2019. It reads thus:

"24. Learned counsel appearing for the Respondents 1st set has put much stress on the fact that the transfer order of the Respondents 2nd set clearly shows that they were transferred on their own request. In this regard, the petitioner has clarified that there was a clerical mistake while issuing the transfer letters. On perusal of those transfer letters, we find that though it is mentioned that the transfer is on own request but, it is also mentioned that postings will be on the same post, Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

same pay band and grade pay. The transfer orders would clearly make it evident that they were made in an administrative interest on optional basis.

25. Furthermore, it has been pointed out by learned counsel for the petitioners that in case of transfer on own request, applications are to be filed compulsorily, in form D-2, but none of the Respondents of the Respondents 2nd set had submitted his application in form D-2. Since the transfer of the Respondents 2nd set was not made on own request, the Tribunal erred in law in allowing the original application and directing the petitioners to revise seniority list by placing those candidates who had come on own request at the bottom of their seniority list."

5. The aforementioned paragaphs answer the review

petitioners' contention to the extent that there was no request

transfer insofar as Madhumati Kumari, Nirmal Kumar

Swatantra, Mina Sinha, Urmila Kumari, Sarita Kumari, Rina

Kumari, Anu Rana, Kiran Kumari and Muni Kumari. In fact,

there is format for the purpose of request transfer from one unit

to other unit. Such format is not forthcoming in the records so

as to analyze that Madhumati Kumari, Nirmal Kumar

Swatantra, Mina Sinha, Urmila Kumari, Sarita Kumari, Rina

Kumari, Anu Rana, Kiran Kumari and Muni Kumari were

transferred at their request. However, on the other hand, it has Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

to be drawn that it was in the public interest. While passing

order of appointment by transfer of the aforementioned persons

to Central Hospital in the cadre of Nursing Sister, there is no

iota of material information like a specific format for request

transfer. Therefore, whatever the words used in the respective

documents to the extent that such transfer was at the request of

Madhumati Kumari, Nirmal Kumar Swatantra, Mina Sinha,

Urmila Kumari, Sarita Kumari, Rina Kumari, Anu Rana, Kiran

Kumari and Muni Kumari are held in the public interest.

6. Learned counsel for the review petitioners

submitted that Madhumati Kumari, Nirmal Kumar Swatantra,

Mina Sinha, Urmila Kumari, Sarita Kumari, Rina Kumari, Anu

Rana, Kiran Kumari and Muni Kumari have not given any

option, therefore, one has to draw inference that their

appointment by transfer in the Central Hospital is at their

request.

7. The aforementioned contention cannot be

examined in the Civil Review Petition, since paragraphs-24 and

25 answers the review petitioners' contention. Hence, review

petitioners have not made out a case so as to recall the order/

judgment dated 29.11.2019 passed in C.W.J.C. No.13946 of

2019.

Patna High Court C. REV. No.2 of 2020 dt.31-10-2023

8. The Hon'ble Supreme Court in the case of S.

Murali Sundaram vs. Jothibai Kannan and Ors. reported in

2023 SCC Online SC 185 elaborately considered scope of

Review Petition with reference to Order 47 Rule 1 and Section

114 of CPC. The principles are aptly applicable to the case in

hand.

9. Accordingly, the present Civil Review Petition

stands dismissed.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.11.2023.
Transmission Date       NA