Petitioner filed a writ petition challenging a promotion panel for Train Clerks, seeking seniority-based appointment over those with higher merit marks. The Court examined seniority versus merit rules across different feeder categories and units.
Writ petition dismissed; no interference with the Tribunal order quashing the selection panel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
AND
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P. No. 22273 of 2016
R. Ramesh ...Petitioner
Vs.
1. Union of India,
Rep. By The General Manager,
Southern Railway,
Park Town,
Chennai – 3.
2. The Divisional Railway Manager,
Southern Railway, Madurai Division,
Madurai – 625 016.
3. The Divisional Personnel Officer,
Southern Railway, Madurai Division,
Madurai – 625 016.
4. I. James Arputha Xavier
5. D. Vigneswari
6. S. Muthulakshmi
7. The Registrar
The Central Administrative Tribunal,
Madras Bench, Chennai ...
Respondents
Prayer: Writ Petition filed under Article of 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the order of the 7th respondent made in O.A. No. 138A of 2012 dated 28.07.2014 and to quash the same and to consequently direct the respondents to redraw the panel in the order of strict seniority as stipulated in para 189 of the Indian Railways Establishment Manual and to extend all other consequential service and
pecuniary benefits arising thereto.
For Petitioner : Mr. L. Chandrakumar
For Respondents :Mr. S.R. Sundaram,
for R1 to R3 No appearance for R4 to R6 R7 - Tribunal
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.)
The petitioner made a representation seeking cancellation of the panel for the post of Train Clerk against 33-1/3% PRQ published on 30.11.2011 and to issue a fresh panel.
the High Court of Punjab and Haryana which has been approved by dismissal of the SLP by the Apex Court in SLP No. 16774 of 2008 dated 05.01.2009.
s/d-
Assistant Registrar(CS VIII)
True Copy
Sub-Assistant Registrar
ssm/mmi
To
1. The General Manager, UOI
Southern Railway,
Park Town,
Chennai – 3.
2. The Divisional Railway Manager,
Southern Railway, Madurai Division,
Madurai – 625 016.
3. The Divisional Personnel Officer,
Southern Railway, Madurai Division,
Madurai – 625 016.
W.P. No. 22273 of 2016
AK(CO)
SP(05/12/2018)
2 issues framed by the court
Whether the seniority criteria for promotion and selection of clerks override merit in cross-unit and cross-feeder category scenarios under railway establishment rules.
Whether the Tribunal erred in not granting cancellation of the selection panel for Train Clerk posts based on petitioner's assertion of higher seniority despite lower merit marks.
Colour shows how this judgement treated each authority
High Court of Punjab and Haryana : SLP No. 16774 of 2008 (dismissed by the Apex Court)Referred¶24
SLP No. 16774 of 2008 dated 05.01.2009
R. Ramesh
Union of India
Divisional Railway Manager, Southern Railway
Divisional Personnel Officer, Southern Railway
I. James Arputha Xavier
D. Vigneswari
M.M. Sundresh
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.M. Sundresh and Krishnan Ramasamy
Parties & counsel
