Patna High Court
The Union Of India vs Jayanta Kumar Sinha on 7 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17022 of 2024
======================================================
1. The Union of India through the General Manager, the East Central Railway,
Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur (Sadar), Dist.- Vaishali, Pin-
844101.
2. The Divisional Railway Manager, East Central Railway, Samastipur- 848101
(Bihar).
3. The Sr. Divisional Personnel Officer, East Central Railway, Samastipur-
844101 (Bihar).
4. The Sr. Divisional Operations Manager, East Central Railway, Samastipur-
848101.
5. The Principal, Zonal Railway Training Institute, East Central Railway,
Muzaffarpur- 842001 (Bihar).
... ... Petitioner/s
Versus
Jayanta Kumar Sinha S/o Late Ananga Kumar Sinha Medically Decategized
Chief Trains Clerk, Control Office, East Central Railway, Samastipur, resident
of Quarter No.- T/21-A, Road No.- 2, Gandhi Park Railway Colony, District-
Samastipur- 844101 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Anurag Singh, CGC
For the Respondent/s : Mr. Munna Pd Dixit, Advocate
Mr. S.K. Dixit, Advocate
Mr. S.K. Chaubey, Advocate
Mr. Shailendra Kumar, Advocate
Mr. Milind Raj Dixit, Advocate
Mr. Punit Ranjan Dixit, Advocate
Ms. Swastika, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-05-2025
In the instant writ petition, petitioners have prayed for
the following relief :
"That petitioners are praying for quashing the
order dated 30 May 2024 passed by the Central
Patna High Court CWJC No.17022 of 2024 dt.07-05-2025
2/5
Administrative Tribunal, Patna Bench in OA No.
050/00035/2024
in which the Central Administrative
Tribunal wrongly directed to complete formalities as
expeditiously as possible and post the Respondent to join
on redeployment and retraining on the post of Sr. Goods
Train Manager. The Central Administrative Tribunal
passed the order ignoring the law and circumstances of
the case. The respondent is already superannuated on
31/07/2024."
2. Brief facts of the case are that respondent - Jayanta
Kumar Sinha while working as Chief Trains Clerk, such posts
were held to be surplus on 22.12.2022. In order to accommodate
all those Chief Trains Clerks, Screening Committee was
constituted and all those Chief Trains Clerk officials were asked to
appear on 24.03.2023. Thereafter, results were not notified,
resultantly, among others respondent filed representation on
30.08.2023. Thereafter, list was notified that they would be
accommodated against Senior Goods Trains Manager in Level - 6.
Respondent's name did not appear in the list dated 08.01.2024,
thereafter, respondent's name was reflected in a separate
notification on 13.01.2024 and on the same date i.e. on 13.01.2024
itself notified reflecting inclusion of the respondent's name was
withdrawn. In this backdrop, respondent had invoked remedy in
filing O.A. No. 050/00035 of 2024 before the Central
Administrative Tribunal, Patna Bench, Patna (hereinafter referred
Patna High Court CWJC No.17022 of 2024 dt.07-05-2025
to as 'the CAT'). The CAT granted interim order on 30.05.2024
directing the petitioners to permit the respondent to participate in
training and other consequential programs relating to Senior
Goods Train Manager/Operating. The petitioners filed written
statement in which they have pointed out withdrawal of the
inclusion of the respondent's name in their Notification dated
13.01.2024. It is to be noted that withdrawal of inclusion of
respondent's name on 13.01.2024 has not been brought to the
notice of the respondent. It is necessary to reproduce Annexure -
R/4 dated 13.01.2024 which reads as under :
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Patna High Court CWJC No.17022 of 2024 dt.07-05-2025
Reading of the aforementioned Notification, no reasons
have been assigned as to why it has been withdrawn. That apart, it
is not an isolated case of respondent to be accommodated to the
post of Senior Goods Train Manager/Operating in Level - 6, on the
other hand, number of persons have been provided the benefit of
surplus read with accommodating such of those persons against
Senior Goods Train Manager/Operating in Level - 6. The CAT
proceeded to allow the O.A. filed by the respondent on
30.05.2024, hence the present writ petition on behalf of the
Railways Department.
3. Learned counsel for the petitioners could not apprise
this Court as to why respondent has been discriminated insofar as
accommodating him against the post of Senior Goods Train
Manager/Operating in Level - 6 on par with the similarly situated
persons. In fact, junior has been accommodated. For no reasons,
respondent's name was not reflected in the initial Notification
dated 08.01.2024 and subsequently it was included on 13.01.2024
and on the same date it was withdrawn without assigning any
reasons. Taking note of these facts and circumstances, petitioners
have not made out a case so as to interfere with the impugned
Patna High Court CWJC No.17022 of 2024 dt.07-05-2025
order of the CAT dated 30.05.2024 passed in O.A. No. 050/00035
of 2024.
4. The petitioners are hereby directed to extend all
service and monetary benefits to the respondent - Jayanta Kumar
Sinha on par with his immediate Juniors whose names have been
reflected in the Notification dated 08.01.2024 till his retirement
and extend all retiral benefits in the post of Senior Goods Train
Manager/ Operating in Level - 6, if the aforementioned post is a
pensionable post.
5. With the above observation, writ petition stands
dismissed.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2025
Transmission Date NA
