Manilal R. Parmar vs Union of India (UOI) and Others

V.M. Sahai, J.—List of this Final Hearing Board of Special Civil Applications has been revised. No one appears for the Petitioner. Ms. Rita

Chandarana, learned Counsel for the Respondents is present.

We have heard Ms. Rita Chandarana, learned Counsel appearing for the Respondents.

This petition has been filed challenging the order of Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad, dated 19.12.2008 by

which O.A. No. 148 of 2007 filed by the Petitioner has been dismissed.

The case of the Petitioner is that he was initially appointed in Baroda Division of the Respondents and was transferred from Baroda Division to

Ahmedabad Division on his request. As per para 311 and 312 of the Indian Railway Establishment Manual, in case of transfer on request, the

employee will be placed at the bottom of the seniority list at the transferred place. Since the Petitioner had requested for transfer, he was placed

junior in the seniority list in Ahmedabad Division in the year 1982. The seniority list for promotion was prepared on 20.7.2004 and was published

on 17.8.2004, and the select list was published on 5.7.2004. But the Petitioner did not submit any representation against the seniority list. Since the

Petitioner was placed at the bottom of the seniority list of Ahmedabad Division, he was junior to other employees who were promoted. Moreover,

the order dated 7.4.1982 by which the Petitioner was transferred and placed at the bottom of the seniority list, was never challenged by the

Petitioner nor the persons who would be affected by the challenge to the seniority list were made party before the Tribunal, nor any specific

grievance has been raised against them.

For the aforesaid reasons, we do not find any illegality in the impugned order of the Tribunal dated 19.12.2008 passed in O.A. No. 148 of

2007.

This petition is devoid of any merits and is accordingly dismissed. Rule is discharged. Parties to bear their own costs.