1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITIOIWIO. €840}? 200% WRIT PETITION UNDER ARTICLE 226 / 227 OF THE CONSTITUTION OF INDIA SEEKING A WRIT OF CERTIORARI. PETITIONER :(1‘ Union of India, through Secretary Ministry of Railways, New Delhi 8a Others 2. General Manager, / South East Central Railway, Bilaspur (C.G.) /3. General Manager, South Eastern Railway, Garden Reach, Kolkata—43 VERSUS RESPONDENTS : 1. K. Srinivas, S/o Late K. Ram Mohan Rao, Aged about 31 years, Coaching Depot Officer, South East Central Railway, Bilaspur, R/o Rly. Qr. No. 233/ 3, Bungalow Yard, near Bada Girja, Bilaspur (C‘G.) 2. Central Administrative / Tribunal, Jabalpur Bench, Jabalpur (M.P.) @ HIGH conn'r OF cHHATTIsGARH AT Bn.AsPUR WRIT PETITION (S) No.‘679/-2oo7 Union of India‘and athers - = PETITIONERS Versus Ashok- 'K m 5;},‘imNayak' and. _. r oers . viPETmON (s1 No. 684/2007 PETITIONERS' Union of India and others Vet-sun mPONDEMS K. Srmivasnndanotimm WRIT WON (s) No; 68512007' PETmos'J-s Union: of India and others Vex-out OmvPxakashnndanother _ ~ WRrrPETITION (s) No 1471200' / Umon of India and others Versus KKPathakand others- PETITIOHERS DB:— KON’Bm 3m Ll. QUDDUSI & HON’BLE Sm H,K. AGmAL, JJ PRESENT i4 i Shr P S Koshy, Advocawfor the peutionar 8m Ranbn' Smgh Marhas, Advocate for the respondent ORAORDER ..(5-8-201'0) These four wnt pet1t10ns am me amt tho orders dated d m ' K 2-8 2096 30-8 2096 30-8-2006, 30-8-2006 passed wither Cenu'ai Admnnstratjve Trilmnal Jabalur in Gngnauo.. Applicatlons No 448/2005 7/2006 9/2006 2500 p ns 126 ' respectively Since common question is involved m aH / " 1 th m ‘ . s L “ / these writ petitions, they are being disposed of by this ”common order The ongnal applications med by the employees wormng in w South East Central Railway (for slum, 9E0 Railway? ‘ challenged the order dated 13- -2005 by which their claim g ~v ,for administrative udusfer of their lien flow South Eastern Railway (for short ‘SE Railway? to SEC RaJlway A '«was rejected and. they were advised to seek transfer Ion bottom seniority basis. n Before proceeding further, 1t is necessary to yve the relevant dates The SE Railway was split into three new f zones, meaning thereby on nifurcation of SE Railwa“ three new zones were created namely’SE RWaYi‘EaSt *Oost Rallway and Scum East Central Railway with effect / from 1-4-2003 At that nme, the respondents wem holding Group—C posts An option was sought from the‘ux". ‘ respondents for absorption in any of ttm mes, last date of u : which was 23-9-2002 for group B but as they did note pass Group-B examinatlon at that nme, no one on that date gave any option. r They were allowed to appear in the examMon for youp- ; “B posts conducted on 20 12 2002 1 e much after tin last “date of givmg option. Consequendy, they were declared :v U r snccessihl vide order dated 10 3 2003 and with ed'eot ham ‘ ‘27 3-2003 they were glven promotions on w! posts ‘ «Therefore, a questhnhas arisen as to how they oeul ‘Wfor absorptlon as group-B without qualifying group-Bra examination but when they were declared sueoessful on» I examination of youp-B posts they moved an application for giving their opdon in South East Cwtral Railway asf ‘5: they were working m South East Central Railway at that? time But the same was rejected. Hence, the respondents approached the Tribunal which allowed then orignal “applications for the reasons mentioned in Para 8 and 9 of [L its judgment, which are quoted below - 4:. // ‘ t d .w:’ // / / ‘ “ y. w t ; w ‘ “‘8. r W circular dated 17-5-2002 (annexure A-5)_ Maw LDC'Efor 13 vacancies Since itwas done - much before Wreation, the MW must have ‘ ‘ taken mto accmmt the tatal number of vacanaes m ~ undivided SE rmlway However; bejbre panel was H - declared, Wardated 25-9-2002 (annexure A/21) a 4. was Issued advising the mat manager to operate ~ ~ ‘ panels awarding to vacandes available in the ‘ V Cresidual jurisdiction of the nulway ayter ’tri‘mmation Thefvctl thatthepmelwasdeclared ' on 25-3-2003 (annexure A-14) te much ajier the i ‘ , rissueoflmsciradarandthesubsequentm'der H issued on 27-3-2003 (Annexure A-I5) posted the selected candwlates without takmg their apuon, not only tn the jurisdiaion of lesidual SE railway, but e also in the Jurisdwtwn of the newly created SEC and EC railways wtth the approval of the ‘Competent Authority (as mentioned in the opening ' " sentence oftlc said order; we have nodoubt in a mmdthatthiswasdonemacoordaneewahthe ~’-gu1delmes laid down in the cmlar dated 259‘!» H 2002 (annexure A/21) 9 7hefactthattheapplicantswereretamedwithm K‘ - he jurisdictwn of SEG ratlway even qter‘ ' trifuroauon clearly shows thm they were selected in r- group-B posts taking vacancies ofSEC railway mto I ‘ accountanditwdlnotbelegallytenabletoaskr them to apply for transfer oflien to SEC ratlway on” the basis ofbottom seniority“ rule 7he respondens have stated in thea- written statementthat the options exemised by them as group-C employees -‘ ”have become redundant on amount q‘ their: I ‘ ’promotwntogroup—Bpost Ethatissatherea >1 ~alsonopossibilgoftheaemashgjieshwtwnas~ v r, \ “ u g t togroup-Bpost Itwouldbemtantyunfwr but alsoillegaltaaskthemtoiasemev seniorit Vthey want to continue an a-permwuent basism their extstmg position They have become entitled to pemmnentretentionhSEGrmhuayMthewby fortrWerofthetrhenMmtheersMluleSE t railway to SEC railway, by virtue ofhaving beenV‘ posted there after they succeeded in an LDCE thwt ’was notgied uchbqhrethetrwumionandwasa “held for a specgkd number of uacanaes worm outfor the undwudedSEraMay Mommas :Mhermngthenedmmef tthatthaywercriw 'cnot mldinadvance tMtheywoutdhavetoiose " thetr smiomy fthey wanted to eontinue wtthin the _,, Junsdwtwn of the SEC radway, and we became a theyweremtairwdhSECramoaywttmuthavm \é, - In View of above mentioned rfactsandlcircumsmnéewwe do ‘ > . not ‘see any good’ gound' to mterferein the impumed: w judgment mid order passed by the Tribunal in exam of :— the jurisd1ction oonferned to this Court under Article 26/227 of the Constitution of India ’In View of above, the writ petitions are dismissed. y * . No order asto costs. Sd/- Sd/- I.M.Quddusi N.K. Agarwal Judge Judge