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 3/5 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 : iwoZ e/; jsy dk;kZy; la0&dk@1@254@xqM~l xkMZ@2021] e.My jsy izca/kd¼dk0½ izkpk;Z] leLrhiqj {ks=h; jsy izf”k{k.k laLFkku fnukad&13@01@2024 iwoZ e/; jsy] eqtQ~Qjiqj fo’k;%& ifjpkyu foHkkx ds xqM~l xkMZ (Goods Guard) osru ysoy&5 ¼xzsM is&2800½ ds in ij lek;ksftr deZpkjh dks izf”k{k.k esa Hksts tkus ds laca/k esaA lanHkZ%& bl dk;kZy; dk lela[;d i= fnukad 13-01-2023 fo’k;kafdr ekeysa esa Jh t;Ur dqekj flUgk] vf/k”ks’k eq[; xkM+h fyfid ds vU; ij ij lek;kstu ij eq[;ky; ls fn”kk&funsZ”k izkIr fd;s tkus dk fu.kZ; fy;k x;k gSA vr% mijksDr fu.kZ; ds ifjizs{; esa bl dk;kZy; }kjk tkjh lanfHkZr i= dks rRdky izHkko ls okil fy;k tkrk gSA g0@& ¼fnyhi ikloku½ eaMy dkfeZd vf/kdkjh d`rs eaMy jsy izca/kd¼dk0½ leLrhiqj izfrfyfi lwpukFkZ ,oa vko”;d dk;Zokgh gsrq izsf’kr%& 01- lacaf/kr deZpkjh g0@& d`rs eaMy jsy izca/kd¼dk0½ leLrhiqj Patna High Court CWJC No.17022 of 2024 dt.07-05-2025 4/5 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 5/5 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. GAURAV S./- (P. B. Bajanthri, J) (S. B. Pd. Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2025 Transmission Date NA