SMT. ANURADHA MUKHERJEE AND ORS. ETC. ETC. versus UNION OF INDIA AND ORS. ETC.

Citation: [1996] 3 S.C.R. 276 · Decided: 12-03-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off

Judgment (excerpt)

A 
SMT. ANURADHA MUKHERJEE AND ORS. ETC. ETC. 
v. 
.. 
>-
UNION OF INDIA AND ORS. ETC. 
MARCH 12, 1996 
B 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Service Law : 
Railway Establishment Manual (Volume I) : 
¥ i 
c 
Para 302-Graduate C1erks Grade-II-Appointment as Clerks Grade 
I-Seniority-Held in service graduate Clerks Grade II appointed as Clerks 
Grade I would get only profonna promotion as Clerks Grade I from 
1.10.1980, b11t would be entitled to emoluments from the date they actually 
took over charge-T7iose appointed after 1. 10.1980 would not get promotion 
D from 1.10.80 but only from the date of their actual appointment as Clerks 
Grade-II notionally upgraded as Clerk Grade I. 
~ 
Government Litigation : 
~ 
Government not assisting their counsel properlr-Steps to be takeir-
E Explained. 
In the Railways vacancies in the cadre of Clerks Grade I in the pay 
scale of Rs. 330-560 prior to 1.10.1980 were filled up, 20% of the cadre 
strength by direct recruitment from open market and by in service 
graduate Clerks Grade II by way of limited recruitment through 
) 
F departmental examination, and 80% posts were filled by promotion of 
.. 
non-graduate clerks Grade-II. After October 2, 1980 in-service graduate 
Clerks Grade-II were recruited on principle of seniority-cum-merit and in 
the event of non-availability of suitable in service candidates, the balance 
vacancies were filled up alongwith other vacancies by direct recruitment. 
G 80% vacancies remained available to non-graduate Clerks Grade-II for 
promotion on the basis of seniority-cum-suitability. Later, as one time 
measure, recruitment through Railway Service Commission was dispensed 
.-~ 
with and limited recruitment by departmental competitive examination 
was conducted for selection of the graduate Clerks Grade II. 
H 
The present appeals were filed against the judgments of various 
276 
)-
A. MUKHERJEEv. U.0.1. 
277 
Benches of Central Administrative Tribunal in the cases arising out of A 
disputes regarding claim to seniori1y and emoluments in Clerk Grade-I of 
._.· A 
in service graduate Clerks Grade-II appointed as such on different dates 
from 1968 to 1982. 
1 
Disposing of the appeals, this Court 
B 
HELD : 1.1. All in-service graduate Clerks, Grade II appointed to 
Grade I Scale would get only proforma promotion as Grade I Clerks from 
October 1, 1980 without any monetary benefits except for the purposes of 
pension. They are entitled to emoluments with eD'ect from the date they 
actually took over the charge. The inter se seniority would be as per para C 
302 of the Railway Establishment Manual (Vol.I). i.e., the date of seniori1y 
in the grade is the date of appointment to a post in that grade. The grant 
of higher pay, as a rule, does not confer seniority above the existing incum-
be.nts regularly appointed to the post. Among direct recruits and 
promotees, the date of joining the working post is the date for the direct 
recruits and date of regular promotion, after completion of the process to D 
order promotion, is the date for the promotees. Inter se seniority is alterna-
tive, i.e., promotee first and direct recruit would be below him and the same 
would continue in the order of merit in the respective lists and the roster 
maintained by the Railway Administration. Promotee would thus be senior 
to direct recruits. (283-F-H; 284-A] 
E 
1.2. Such of the graduate Clerks though appointed as Grade II Clerks 
after October 1, 1980 by process of selection through open competitive 
examination or limited recruitment by departmental examination and 
upgraded under the rules, would not get the promotion with effect from the 
proforma date of October 1, 1980 but only from the date of their actnal F 
appointment as Grade II Clerks, notionally upgraded as Grade I Clerks 
since their appointments are after October 1, 1980. The inter se seniority of 
the 20% direct recruits on the one hand and limited recruitment graduate 
Grade II Clerks and promotees on the other, shall be determined in accord-
ance with para 302 of the Railway Establishment Manual (Volume I). 
(284-B·C] 
1.3. The persons appointed on ad hoc basis de hors the rules can get 
seniority not from the date of their initial appointment but from the date 
G 
on which they are actually selected and appointed in accordance with the 
rules and their appointment and seniori1y would take effect from the date H 
278 
SUPREME COURT REPORTS 
[19%] 3 S.C.R. 
A 
of selection after due completion of 

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