1 2025:CGHC:33965-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3001 of 2022 1 - Union Of India Through The General Manager, SEC Railway, Bilaspur Zone, Headquarters Office, Bilaspur (Chhattisgarh) 495004. 2 - The Sr. Divisional Personnel Officer, SEC Railway, Bilaspur Division Drms Office, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioners versus 1 - Amrit Lal Yadav S/o Shri Om Prakash Yadav, Aged About 40 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp), District : Shahdol, Madhya Pradesh 2 - Ashok Kumar Yadav, S/o Shri Rajmani Yadav, Aged About 32 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 3 - Mithilesh Kumar, S/o Shri H.C. Thakur, Aged About 41 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 4 - Binod Kumar Yadav, S/o Shri Satyanarayana Yadav, Aged About 40 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp), District : Shahdol, Madhya Pradesh 5 - Vinod Kumar, S/o Shri Ramdeo Ray, Aged About 34 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 6 - Batti Lal Meena, S/o Shri Megh Raj Meena, Aged About 37 2 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 7 - Shiv Shankar Suman, S/o Shri Shyam Pandit, Aged About 36 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 8 - Ajay Kumar Singh, S/o Shri Rajendra Prasad Singh, Aged About 37 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 9 - Dhananjay Kumar, S/o Late Ramji Singh, Aged About 43 Years Working As Goods Guard Under Csm, Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 10 - Ajay Singh, S/o Shri Rampal Singh, Aged About 35 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 11 - Pakaj Kumar Shit, S/o Shri Kamal Shit, Aged About 36 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 12 - Uma Shankar Prasad, S/o Shri Dayanand Prasad, Aged About 34 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 13 - Rakesh Kumar, S/o Shri Bindeshwar Kumar, Aged About 35 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp), District : Shahdol, Madhya Pradesh 14 - Mritunjay Singh, S/o Shri Bhuneshwar Singh, Aged About 35 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 15 - Santosh Kumar Jha, S/o Shri B.K. Jha, Aged About 40 Years Working As Goods Guard Under Csm, Sec Railway, Shahdol (Mp)., District : Shahdol, Madhya Pradesh 16 - Shri P. Easwar Rao Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 09777647) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 17 - Shri P. Someswar Rao Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 7560436) Through Senior Divisional Personnel Officer, 3 South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 18 - Shri Kamlesh Mishra Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 09ab0163) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 19 - Shri Alim Khan Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp.No. 09ab0368) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 20 - Shri Ajay Kumar Singh Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 08ab0611) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 21 - Shri Keswar Rao Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 7061638) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 22 - Shri Ramcharan Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 7531382) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 23 - Shri Santosh Kumar Dubey Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 7531187) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 24 - Shri Awadh Kishor Vishwakarma Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 13ab3090) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 25 - Shri Anuj Kumar Sarangi Senior Goods Guard, Under Chief Station Manager, Rajnandgaon (Chhattisgarh) Emp.No. 13ab3091) Through Senior Divisional Personnel Officer, South 4 East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 26 - Shri Avdesh Kumar Singh Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07el0935) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 27 - Shri Vipin Kumar Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 2014177) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 28 - Shri Subhash Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp.No. 14ab0473) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 29 - Shri Rajnish Kumar Singh Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 08ab0279) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 30 - Shri Manoj Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Bijuri, District Anuppur (M.P.) (Emp. No. 07ab0915) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 31 - Shri Pritam Kumar Das Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 04ab0173) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 32 - Shri Rajesh Kumar Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 08ab0014) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 33 - Shri P. Easwar Rao Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh)(Emp. No. 09777647) Through Senior Divisional Personnel Officer, 5 South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 34 - Shri Mukesh Kumar Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07ab0897) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 35 - Shri Mukesh Kumar Gupta Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 05ab0256) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 36 - Shri Neel Kamal Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 14ab0467) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 37 - Sunil Kumar Rai Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Shahdol (M.P.) (Emp. No. 07ab0766) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 38 - Shri Sanjay Kumar Prabhat Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 08ab0339) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 39 - Shri Sunil Kumar Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07ab1019) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 40 - Shri Sikandar Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Bijuri, District Anuppur (M.P.) (Emp. No. 07ab1109) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 41 - Shri Anuj Kumar Pandey Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0900) Through Senior Divisional 6 Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 42 - Shri Marisaria Sukhakara Rao Senior Goods Guard, Under Chief Station Managar, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0508) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 43 - Shri Ram Narayan Prasad Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 075b0363) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 44 - Shri Dharmendra Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Shahdol (M.P) Emp. No. 07ab0592) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 45 - Shri Baidya Nath Paul Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 14ab0469) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 46 - Shri Uday Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0217) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 47 - Shri Sanjeet Ray Senior Goods Guard, Under Chief Station Manager, South East Cental Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0115) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 48 - Shri Amit Kumar Chourasia Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Shahdol (M.P.) (Emp. No. 20142165) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 49 - Shri Manish Raj Senior Goods Guard, Under Chief Station Manager South East Central Railway, Shahdol (M.P.) (Emp. No. 14ab0472) Through Senior Divisional Personnel Officer, South 7 East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 50 - Shri Deepak Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) Emp. No. 14ab0471) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 51 - Shri Sjeet Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 14ab0471) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 52 - Shri Anuj Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0828) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 53 - Shri Nirmal Kumar Singh Senior Goods Guard, Under Chief Station Managar, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 07ab0341) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 54 - Shri Hariom Sharan Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 14ab0470) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 55 - Shri Gopinath Das Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07ab0789) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 56 - Shri Indrajit Ghosh Senior Goods Guard, Under Chief Yard, Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07ab0253) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 57 - Shri Bibhuti Prasad Rao Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No 07ab1069) Through Senior Divisional 8 Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 58 - Shri Ravi Kumar Senior Goods Guard, Under Chief Station Managar, South East Central Railway, Shahdol (M.P.) (Emp. No. 07ab0827) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 59 - Shri Anshu Bharti Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Bijuri, District Anuppur (M.P.) (Emp. No. 07ab1153) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004rh) 60 - Shri Dinesh Barla Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 20142461) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 61 - Shri Bhupendra Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Raigarh (Chhattisgarh) Emp. No. 08ab0021) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 62 - Shri Sumit Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0468) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 63 - Shri Jitendra Kumar Gupta Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 07ab0575) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 64 - Shri Raghuvansh Mani Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 14ab0544) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 65 - Shri Tara Kant Mishra Senior Goods Guard, Under Chief Yard Master, South East Central Railway Bilaspur (Chhattisgarh) (Emp. No. 07ab0688) Through Senior Divisional Personnel Officer, 9 South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 66 - Shri Dharmlok Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0557) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 67 - Shri Shashi Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0558) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 68 - Shri Sandeep Kumar Senior Goods Guard, Under Chief Station Manager, South East Cental Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0555) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 69 - Shri Ravishankar Singh Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0564) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 70 - Shri Mukesh Kumar Singh Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0563) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 71 - Shri Subhash Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0556) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 72 - Shri Sunil Kumar Senior Goods Guard, Under Chief Yard Master, South East Central Railway, Bilaspur (Chhattisgarh) (Emp. No. 14ab0541) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 73 - Shri Nitish Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0553) Through Senior Divisional 10 Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 74 - Shri Keshav Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0546) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 75 - Shri Vikas Tiwari Senior Goods Guard, Under Chief Station Managar, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0551) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 76 - Shri Karan Senior Goods Guard, Under Chief Station Managar, South East Central Railway, Raigarh (Chhattisgarh) (Emp. No. 14ab0540) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 77 - Shri Jai Prakash Burma Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0548) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 78 - Shri Suman Kumar Senior Goods Guard, Under Chief Station Manager, South East Central Railway, Rajnandgaon (Chhattisgarh) (Emp. No. 14ab0552) Through Senior Divisional Personnel Officer, South East Central Railway, Bilaspur Division, D.R.M. Office Complex, Bilaspur (C.G.)-495004 ... Respondents (Cause title is taken from CIS Software) For Petitioners : Mr. Ramakant Mishra, DSGI with Mr. Rishabh Deo Singh, Standing counsel. For Res. Nos. 1 to 15 : Mr. B.P. Rao, Advocate For Res. Nos. 16 to 78: None. Hon'ble Smt Justice Rajani Dubey & Hon'ble Shri Justice Amitendra Kishore Prasad 11 (Order on Board) Per Rajani Dubey, J. 18.07.2025 1. The petitioners have filed this petition under Article 226 of the Constitution of India challenging the legality, validity and propriety of the order dated 21.12.2021 (Annexure P/1) passed by the learned Central Administrative Tribunal, Jabalpur Bench Circuit Sitting at Bilaspur (CG) (for short “the CAT”) in Original Application No.203/00141/2018 whereby, the learned CAT directed the petitioners herein to assign the seniority of the respondent Nos. 1 to 15 herein (who were appointed as Goods Guard in terms of Employment Notice No.3/2007) over and above the candidates appointed under subsequent Employment Notification No. CEN 2/2010 and EN 3/2012. 2. Brief facts of the case, as projected by the petitioners, are that pursuant to Employment Notification No.3/2007 the respondents No.1 to 15 along with others had applied for the post of Goods Guard. On completion of the requisite selection process, the final result was declared on 30/3/2015 and in all 245 candidates were selected for the said post, out of which, 29 candidates have been allotted the SEC Railway. Thereafter, the selected candidates joined 12 the services on and after 18/1/2016. In the meanwhile, the RRB issued further notification in 2010 vide No. CEN 2/2010 for the post of Goods Guard, wherein it has been observed that as a special case the candidates of Panel of EN No.3/2007 be assigned higher seniority when the same materialises than the candidates of subsequent EN No.2/2010. 3. According to the petitioners, the respondents No.1 to 15 have not challenged any particular order but have prayed for assigning of seniority over and above the candidates appointed under EN No.02/2010 and 3/2012. In fact, no panel against 2/2010 has been received by the Division Railway in this regard and hence the guidelines issued by the Railway Board were only for Central Railways where candidates selected from both the notifications and posted in Central Railway. Further, the provisional seniority list of Goods Guard was published on 7/7/2017 and objection, if any, was invited within 30 days, but the respondents No.1 to 15 herein did not raise any objection and straightaway approached the Court. The learned CAT, after hearing the parties, allowed the O.A. filed by the respondent Nos. 1 to 15 herein and directed to assign the seniority to them (who were appointed as Goods Guard in terms of Empl. Notice No.3/2007) over and above the candidates appointed under 13 subsequent Employment notification No.CEN 2/2010 and EN 3/2012. Hence, this petition by the petitioners. 4. Learned counsel for the petitioners/Union of India would submit that the impugned order is arbitrary, illegal and contrary to the law applicable to the facts and circumstances of the case. The RRB issued further notification in 2010 vide No.CEN 2/2010 for the post of Goods Guard wherein it has been observed that as a special case the candidates of Panel of EN No.3/2007 be assigned higher seniority when the same materialises than the candidates of subsequent EN No.2/2010. Before the learned CAT the petitioners contended that the respondents No.1 to 15 have not challenged any particular order but have prayed for assigning of seniority over and above the candidates appointed under EN No.02/2010 and 3/2012. In fact, no panel against 2/2010 has been received by the Division Railway in this regard and hence the guidelines issued by the Railway Board were only for Central Railways where candidates selected from both the notifications and posted in Central Railway. Learned counsel further submits that the respondents No.1 to 15 cannot claim parity at par with Central Railway on the basis of guidelines issued by the Railway Board, as the same is not issued in general but issued in a general case. The petitioner SECR also 14 contended that the provisional seniority list of Goods Guard was published on 7/7/2017 and objections, if any, were invited within 30 days, but the respondents No.1 to 15 herein have not raised any objection and straightaway approached the Court, which is not tenable. Learned counsel referring the decision of Hon’ble Apex Court in the matter of Pawan Pratap Vs Reevan Singh reported in (2011) 3 SCC 267 wherein it has been held that that the seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service rules, submits that seniority cannot be given on retrospective basis when an employee has not even been borne in the cadre and by doing so it may adversely affect the employees who have been appointed validly in the meantime. Learned counsel also submits that it is settled law that ordinarily, notional seniority may not be granted from the backdate and if it is done, it must be based on objective considerations and on a valid classification and must be traceable to the statutory rules. The seniority has to be decided on the basis of rules in force on the date of appointment and no promotion or seniority can be granted from a date when an employee is not even there in the cadre. So, the impugned order (Annexure P-1) is liable to be set aside. 15 In support of his submission, learned counsel placed reliance on the decision of this Court in the matter of Homanlal Hirwani Vs. State of Chhattisgarh [W.A. No.388/2019] and decision of Hon’ble Apex Court in the matter of Kuttiyappan Vs. Union of India reported in (1996) 10 SCC 340. 5. On the other hand, learned counsel appearing for respondent Nos. 1 to 15 (petitioners before CAT in original application) strongly supported the impugned order passed by the learned CAT and submits that the learned CAT minutely appreciated the rules and regulation of petitioners/Union of India and SECR & has rightly passed the impugned order. So, this petition being without any merit is liable to be dismissed. 6. None for respondent Nos. 16 to 78 despite service of notice. 7. We have heard learned counsel for the parties and perused the material available on record. 8. It is not disputed in this case respondent Nos. 1 to 15 ( petitioners in original application before the learned CAT) appeared in the exam which was held in furtherance of Employment Notice No. 3/2007. Total 359 vacant posts of Goods Guard were advertised. The said selection process was stalled for years and the written examination has held on 30.03.2014, 19.10.2014 and thereafter from 11.02.2015 16 to 19.02.2015 the documents verification of written test passed candidates was conducted, and thereafter on 30.03.2015 final list was published, whereby 245 candidates selected as Goods Guard were allotted to Central Railway, 60 candidates were allotted to Western Railway, 12 candidates were allotted to South Central Railway and 29 candidates has been allotted to the SEC Railway & respondent Nos. 1 to 15 were posted as Goods Guard in BSP Division, who joined the service on and after 18.01.2016. It is also not in dispute that in the meantime, the Railway Recruitment Board issued further Employment Notification in the year 2010 vide No. CEN 2/2010, in the year 2012 vide No. CEN 3/2012 etc. for the vacant post of Goods Guards in various Railway Zones, including SEC Railway, and looking to the delay in finalization of selection process of earlier Employment Notice No. 3/2007, the Central Railway vide its letter dated 27.11.2013 sought clarification from Railway Board regarding fixation of Seniority of Goods Guard selected/appointed as per subsequent Employment Notice(s). The Railway Board vide its letter dated 17.01.2014 informed the CPO/CR/Mumbai and Chairman, RRB/Mumbai that as a special case, the Railway Board agreed to finalise and release the panel for the post of Goods Guard and ECRC as per CEN 2/2010 but 17 the candidates of the panel of En. No. 3/2007 be assigned higher seniority when the same is materializes than the candidates of the subsequent Employment Notification i.e. CEN No.2/2010. The other Zonal Railways where Goods Guard were appointed through the EN 3/2007 were given higher seniority than those appointed/selected in subsequent Employment Notification but in SEC Railway, where the applicants/respondent Nos. 1 to 15 were posted have not been given seniority benefits. So, they filed Original Application before the learned CAT. 9. The main objection of the petitioners/Union of India is that the respondent Nos. 1 to 15 [petitioners in original application before the learned CAT] never challenged any particular order but have prayed for assigning of seniority over and above the candidates appointed under subsequent employment notification No. CEN 02/2010 and EN 03/2012. No panel against CEN 2/2010 has been received by this Divisional Railway and the guidelines issued in this regard by the Railway Board as claimed by the applicants were only for Central Railway where candidates selected from both the notifications and posted in Central Railway, and the provisional seniority list was published on 07.07.2017 and circulated to all the concerned and in this list, it is clearly mentioned that in case where there is any objection from 18 any staff regarding seniority, the same may be submitted to the concerned office within 30 days from the date of issue of said letter. But the applicants/respondent Nos. But the applicants/respondent Nos. 1 to 15 without submitting any objection directly filed the O.A. before the learned CAT. The respondent/Railway fixed the seniority as per the rules and also in terms of Para 303(a) of the Chapter 3 of IREM Vol. I. (Annexure R-1) and the applicants/respondents Nos.1 to 15 cannot claim the parity with Central Railway on the basis of guidelines issued by Railway Board which are not issued as general for all the railways but issued in a special case by the Central Railway. So, the impugned order is liable to be set aside. 10. The respondents have filed copy of circular dated 17.01.2014 (Annexure R-1) issued by Govt. of India, Ministry of Railway, Railway Board, New Delhi, which speaks as under :- “Sub.: Regarding release/issuance of panels for the posts of Goods Guard & ECRC (CEN No.02/2010) Ref.: CPO(A)/CR’s letter No. HPB/706/854/TDT/Guard Indent dated 27.11.2013. To ease the pressure & safe running of trains on Central Railway and the fact that finalization of panels for Goods Guard &b ECRS (under EN No.3/2007) by RRB/Mumbai may take time, Central Railway’s suggestion of finalizing the 19 panel of Goods Guard of CEN No. 02/2010 has been examined. 2. As a special case, Board have agreed to finalize and release the panels for the posts of Goods Guard & ECRC (CEN No. 02/2010). However, while releasing the panel, it shall be mentioned clearly that the seniority of the RRB empanelled candidates in this panel is provisional. 3. In such situation, as assured by Central Railway, the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No.02/2010. 11. The respondents have filed copy of Master Circular No. 35 (Annexure R-5), by which the seniority of the employees is governed. For ready reference, relevant para 6 of the said circular is reproduced herein as under :- “6. Candidates selected for appointment at an earlier selection shall be senior to those selected later, irrespective of the date of posting, except in the cases coming under para 5 above.” 12. Rule 306 of the India Railway Establishment Manual provides as under :- “306. Candidates selected for appointment at an earlier selection shall be senior to those selected later irrespective of the dates of posting except in the case covered by paragraph 305 20 above.” 13. The Hon’ble Apex Court in the matter of Kuttiyappan (supra) held in para 4 and 5 as under :- “4. A reading of these Rules would clearly indicate that the process of election bears no relevance. What is material in determination of the inter-se seniority between regularly promoted in-service candidates and those selected by direct recruitment during the process of selection is that in the case of the former the seniority starts from date on which they joined the working post after completion of the process while in the case of direct recruits their inter se seniority would start from the date of their entry into the grade. Therefore, as regards the direct recruits, the date of first entry and joining the post is the criteria, in the case of the promotees it would be the date on which they start working in the post after completion of the process. It is not in dispute that training is one of the conditions for completion of the process. Unless the training is completed, they cannot work on regular basis in the promotional post. 5. As regards Rule 306, it regulates in an area where the selected candidates were appointed earlier to the candidates who subsequently came to be selected and the earlier candidates become senior to the subsequent selectees irrespective of the date of posting. That criteria is inapplicable in determining the inter se seniority between the 21 promotees and the direct recruits. The Tribunal, therefore, was right in rejecting the claim. It does not, therefore, warrant interference.” 14. The learned CAT also minutely appreciated all the documents and rules governing the seniority criteria and observed in paras 9 to 12, which read thus :- “9.From the record it is itself clear that the Railway Board has issued circular Annexure A-5 dated 17.01.2014 whereby it has been specifically indicated that Board has agreed to finalize and release the panel for the posts of Goods Guard and ECRC (CEN No. 2/2010) but the candidates of the panel of EN No. 3/2007 be assigned higher seniority that to selected CEN i.e. CEN No. 02/2010. The relevant para of Annexure A-5 reads as under:- "To ease the pressure & safe running of trains on Central Railway and the fact that finalization of panels for Goods Guard & ECRC (under EN No. 3/2007) by RRB/Mumbai may take time, Central Railway's suggestion of finalization the panel of Goods Guard of CEN No. 02/2010 has been examined. 2. As a special case, Board have agreed to finalize and release the panels for the posts of Goods Guard & ECRC (CEN No. 02/2010). However, while, releasing the panel, it shall be mentioned clearly that the seniority of the RRB empanelled 22 candidates in this panel is provisional. 3. In such situation, as assured by Central Railway, the candidates of the panel of EN No.3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No. 02/2010." 10. So it is clear from Annexure A-5 dated 17.01.2014 that the candidates of the panel of EN No. 3/2007 be assigned higher seniority (when the same materializes) than the candidates of the subsequent CEN i.e. CEN No. 02/2010. 11. Resultantly, this Annexure A-5 dated 17.01.2014 is very clear. The applicants were selected in furtherance of notification dated 03/2007 and the applicants are entitled for appropriate position as per Annexure A-5 12. In view of the above position, this Original Application is allowed and the respondents are directed to assign the seniority of the applicants, (who were appointed as Goods Guard in terms of Empl. Notice No. 3/2007) over and above the candidates appointed under subsequent Employment Notifications No.CEN 2/2010 and EN 3/2012 in compliance of Annexure A-5.” 15. It is not disputed in this case that the respondents Nos. 1 to 15 were selected vide earlier E.N. No. 03/2007 and other similar selected candidates were given seniority as per 23 Annexure R-5 dated 17.01.2014, who are posted in Central Railway, and the learned CAT having considered the relevant circular/rules and all the grounds of the petitioners herein, rightly allowed the application of respondent Nos. 1 to 15 (petitioners before the CAT) and passed the impugned order. 16. We do not find any infirmity or illegality in the impugned order passed by the learned CAT warranting any interference by this Court. Thus, the petition being without any merit liable to be and is hereby dismissed. No costs. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) Judge Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE