KUTTIYAPPAN versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 216 · Decided: 26-08-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Dismissed

Judgment (excerpt)

A 
KUTTIYAPP AN 
v. 
UNION OF INDIA AND ORS. 
AUGUST 26, 1996 
B 
(K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Service Law : 
Railway Establishment Mallual-Rules 302, 306-lllter-se seni01ity be-
C tween regularly promoted in-service candidates alld those selected by direct 
recrnitment-Held, For direct recruits date of first enfly and joining the post 
is the c1iteri<r-F or promotees it would be the date Oil which they start working 
ill the post after completion of the process-Oiteiia under Rule 306 not 
applicable ill detennining illter-se se11io1ity between promotees alld direct 
recrnits. 
D 
E 
F 
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) 
No. 18584 of 1996. 
From the Judgment and Order dated 30.1.96 of the Central Ad-
ministrative Tribunal at Madras in O.A. No. 1470 of 1993. 
S. Muralidhar for the Petitioner. 
The following Order of the Court was delivered : 
Delay condoned. 
This SLP has been filed against the order of the Central Administra-
tive Tribunal, Madras Bench made on January 30, 1996 in QA No. 1470/93. 
The admitted position is that th1: petitioner along with others came to be 
selected by internal selection for promotion under 25% quota. Undoubted-
ly, the process of selection was started in 1988 but the incumbents actually 
G joined the promotional posts in October 1990. Though the process of 
selection for direct recruits under 25% quota reserved for the candidates 
from open market was started in 1989, they came to join the posts after 
completion of the selection process earlier to the petitioner & others in 
August 1990. The petitioners claimed seniority over them. The Tribunal 
H has rejected their claim. Thus, this SLP. 
216 
r 
( 
c
KUIBYAPPAN.v. U.O.L 
217 
It is contended for the petitioners, relying upon Rule 302 read with A 
Rule 306 of the Indian Railway Establishment Manual that since the 
process of selection had been made earlier to the direct recruits, the 
petitioner is entitled to seniority over the direct recruits since they were 
selected earlier to the respondents and, therefore, they should be made 
seniors to the direct recruits. We find no force in the contention. Rule 302 B 
reads as under : 
"302. Seniority in initial recruitment Grades - Unless specifically 
stated otherwise, the seniority among the incumbents of a post in 
a grade is governed by the date of appointment to the grade. The 
grant of pay higher than the initial pay should not, as a rule, confer C 
on a Railway servant seniority above those who are already ap-
pointed against regular posts. In categories of post partially filled 
by direct recruitment and partially by promotion, the criterion for 
determination of seniority should be the date of regular promotion 
after due process in the case of promotees and the date of joining D 
the working post after due process in the case of direct recruit 
result subject to maintenance of inter-se seniority of promotees 
and direct recruits among themselves. When the dates of entry into 
a grade of promoted railway servants and direct recruits are the 
same they should be put in alternate positions, the promotees being 
senior to. the direct recruits, maintaining i11ter-se seniority of each E 
group." 
Note - In case the training period of a direct recruit is curtailed 
in the exigencies of service, the date of joining the working post 
in case of such a direct recruit shall be the date we would have 
normally come to a working post after completion of the prescribed 
period of training. 
(No. E (NG) 1-78-SR-6-42 dt. 7.4.1982 ACS 132) 
Similarly, Rule 306 reads 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 para 305." 
F 
G 
A reading of these Rules would clearly indicate that the process of H 
A 
B 
c 
218 
SUPREME COURT REPORTS (1996) SUPP. 5 S.C.R. 
selection 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,

Excerpt shown. Read the full judgment & AI analysis in Lexace.