Facts
Applicant No. 1, originally appointed as Senior Section Engineer (Level-7) in the Engineering Department in 2017, was medically de-categorized in 2021 and absorbed as Chief Depo Material Superintendent (CDMS) in the Stores Department in 2022.
Source reference: p. 2-3Applicant No. 2, a Junior Engineer (Level-6) appointed in 2017, was similarly de-categorized and absorbed as Depo Material Superintendent (DMS) in March 2023.
Source reference: p. 3On 18.04.2024, the Railways notified a selection for Assistant Material Manager (AMM) Group-B under a 30% LDCE quota, requiring five years of regular service in Level-6 and above.
Source reference: p. 3-4The applicants were initially listed as eligible, but via an order dated 11.07.2024, their names were deleted on the grounds that they had not completed five years of service specifically within the Store Cadre as of the cut-off date (01.01.2023).
Source reference: p. 4-5Applicant No. 1 passed the court-ordered provisional Computer Based Test (CBT), while Applicant No. 2 failed.
Source reference: p. 7Issues
1. Whether the service rendered by a medically de-categorized employee in a previous department should be counted toward the five-year eligibility criteria for promotion in the new department.
Source reference: p. 7-8 / para. 82. Whether the Railway Board's restrictive instructions regarding ministerial staff (RBE 40/2023) apply to non-ministerial Group-C staff.
Source reference: p. 8 / para. 10Law Applied
The "Indian Railways, Assistant Materials Manager (Group ‘B’ Gazetted) Recruitment Rules, 2019," which stipulate five years of regular service in Level-6 and above without specifying that such service must be in the Stores Department.
Source reference: p. 11Para 1312 of the Indian Railway Establishment Manual (IREM), Vol-I, which mandates that past service of a medically de-categorized employee absorbed in an alternative post must be treated as continuous for all purposes.
Source reference: p. 10Scientific Advisor to Raksha Mantri v. V.M. Joseph (1998 (5) SCC 305), holding that regular service in a previous post counts toward eligibility for promotion regardless of seniority loss.
Source reference: p. 10-11Reasoning
The Tribunal found that the 2019 Recruitment Rules only require "five years of regular service in Level-6 and above" and do not mandate that this service be exclusive to the Stores Cadre.
Source reference: p. 9-11The court reasoned that under Para 1312 of IREM, the applicant's past service in the Engineering Department must be treated as continuous with his service in the Stores Department for "all purposes," including promotion eligibility.
Source reference: p. 10The Tribunal determined that the respondents' reliance on Annexures A/5 and A/6 was misplaced, as those executive instructions applied specifically to ministerial cadre staff, whereas the applicants belonged to the non-ministerial cadre.
Source reference: p. 12-14Statutory Recruitment Rules were held to prevail over contradictory executive instructions.
Source reference: p. 13Holding
The Tribunal allowed the OA in favor of Applicant No. 1, holding that he met the eligibility criteria.
It quashed the order dated 11.07.2024 [Annexure-A/1] deleting his name and directed the respondents to include him in the list of eligible candidates for promotion to AMM (Group-B) under the 30% LDCE quota.
Source reference: p. 14The court declared the restrictive Railway Board orders (Annexures-A/5 and A/6) inapplicable to non-ministerial Group-C staff.
Source reference: p. 14No relief was granted to Applicant No. 2 as he failed the examination.
Source reference: p. 7Original Court PDF
SAJAL KUMAR SINGHvsN.F.RAILWAY
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