PRABHAT RANJAN SINGH & ANR. versus R.K. KUSHWAHA & ORS.

Citation: [2018] 13 S.C.R. 313 · Decided: 07-09-2018 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Disposed off

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Judgment (excerpt)

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PRABHAT RANJAN SINGH & ANR.
v.
R.K. KUSHWAHA & ORS.
(Civil Appeal No.9176 of 2018)
SEPTEMBER 07, 2018
[MADAN B. LOKUR, S. ABDUL NAZEER AND
DEEPAK GUPTA, JJ.]
Service Law – Seniority – Indian Railways Establishment
Manual (IREM) – rr.327-341 – Indian Railway Service of Signal
Engineers – Respondent-direct recruit challenged the seniority given
to the promotee officers in Railways, as promotee officers were
placed en bloc senior to all direct recruits – Direct recruit pleaded
that the seniority of the direct recruits should be fixed from the date
of sending of the requisition i.e. 23.10.2007 for the vacancies
relating to the year 2009 – Plea was rejected by CAT which held
that provisions of the IREM determining inter-se seniority based on
‘date of increment in the time scale (DITS)’ was flawed and
arbitrary – High Court further held that circulars of the DoPT  were
binding on Railways, and IREM is not statutory in nature and are
only codified set of guidelines – Aggrieved, appellant filed appeal
– During the pendency of the appeal in the Supreme Court,
Railways amended the IREM rules 327-341 by removing ‘DITS’ and
introduced the concept of ‘year of allotment’ – Direct recruit
contended that action of Railways violated the order issued by the
CAT and filed contempt petition before the CAT, which was
dismissed – Writ petition filed by direct recruit – Writ Petition
transferred to Supreme Court – Held: On perusal of the
Government of India (Allocation of Business) Rules, 1961 framed
u/cl. 3 of Art.77 of the Constitution, it is clear that Railways is
specifically excluded from the ambit of the scope of business
allocated to the DoPT, whether it be for classification of posts,
recruitment of  ministerial staff etc. and as such the DoPT could not
have issued binding circulars upon Railways – Furthermore, IREM
have  statutory force as they are issued in exercise of powers vested
under the proviso to Art.309 of the Constitution – The action of
Railways in amending rules and bringing them in line with the
[2018] 13 S.C.R. 313
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SUPREME COURT REPORTS
[2018] 13 S.C.R.
judgment of the CAT by removing ‘DITS’ as the determining factor
for fixing seniority and introducing the ‘year of allotment’ as
criteria for determining the seniority was in no manner violative or
against the order of the CAT – Insofar as seniority of the direct
recruits from the date of sending requisition is concerned, in
N. R. Parmar case it was laid down that the date of requisition for
filling up the posts by a particular recruitment process could be
taken as the year to which seniority could be given to persons
recruited under that process – However, the Court also clearly laid
down that this would apply only if the recruitment year is the same
as the year of vacancy – In the instant case, the requisition of direct
recruits was sent in the year 2007, the vacancies related to the year
2009 and therefore, the CAT as well as the High Court rightly held
that direct recruits were not entitled to promotion from the year
2007 – Constitution of India – Arts.77 and 309 – Indian Railways
Establishment Code – Government of India (Allocation of Business)
Rules, 1961 – cl.3.
Disposing of the matters, the Court
HELD: 1.  A perusal of the Government of India (Allocation
of Business) Rules, 1961 framed u/cl.3 of Article 77 of the
Constitution of India leaves no manner of doubt that the Railways
is specifically excluded from the ambit of the scope of business
allocated to the Department of Personnel and Training (DoPT),
whether it be for classification of posts, recruitment of ministerial
staff, appointment of non-indians to civil posts, fixing of service
conditions, including conduct rules, general policy regarding
retrenchment and revision of temporary service of the Railways
etc., and as such the DoPT cannot issue binding circulars upon
the Railways.  However, if the DoPT issues a circular and the
Railways specifically accepts the circular or makes it applicable,
then such a circular may apply but if the circular is not made
specifically applicable then it has no force so far as the Railways
and its employees are concerned.  [Para 20][326-H; 327-A-B]
2.  In the same Allocation of Business Rules, 1961 while
allocating business to the Ministry of Railways, power has been
given to it to deal with all matters including those relating to
Revenue and Expenditure.  Therefore, the Ministry of Railways
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has the power to l

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