Union Of India v. Anil Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2943 of 2026 ====================================================== 1.

Union of India through the Chairman, Railway Board, Rail Bhawan, New Delhi-110001.

2.

The General Manager, Central Railway, CST Mumbai-400001. 3.

The Divisional Railway Manager, Central Railway, Pune-411001. 4.

The Sr. Divisional Personnel Officer, Central Railway, Pune-411001. 5.

The Chief Administrative Officer, Rail Wheel Plant, Bela, Saran-841221. 6.

The Dy. Chief Personnel Officer, Rail Wheel Plant, Bela, Saran-841221. 7.

The Assistant Personnel Officer, Rail Wheel Plant, Bela, Saran-841221. ... ... Petitioner/s

Versus

Anil Kumar Son of Late Shatrughan Prasad, resident of H. No. 107, BlockRailway Staff Colony, Rail Wheel Plant, Bela, Saran, now working as Junior Clerk in Rail Wheel Plant Bela, Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Sr.C.G.C Mr. Arvind Kumar, C.G.C.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 20-07-2026 The present writ petition has been filed against the order dated 29.04.2025 passed by the Ld. Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "Ld. CAT") in O.A. No. 050/00695/2021, whereby and whereunder the original application filed by the sole respondent has been disposed of in the following terms:- "8. Adopting the above principles laid down by Hon'ble High Court in the aforesaid order, the instant OA is allowed. The impugned order dated 22.04.2019 (Annexure- A/17) is quashed and set aside. The respondents are directed to grant notional promotion to the applicant to the post of Junior Clerk (Grade Pay of Rs. 1900/- in Level-2)

Patna High Court CWJC No.2943 of 2026(3) dt.20-07-2026 2/3 with effect from date of the juniors promoted in Pune Divisions, Central Railway in the month of January, 2013. Such retrospective promotion to the post will be considered only on a notional basis, in other words, for the purpose of fixation of pay and consequential service benefits. It is made clear that the applicant is not entitled to any monetary benefits from the date of his junior's promotion till regular promotion awarded to him by the ECR Hazipur. This exercise will be done within a period of three months from the date of receipt of this order. MA No. 706/2021 is disposed of accordingly. No order as to cost."

2.

We had on an earlier occasion requested the Ld. Counsel appearing for the petitioners to supply a copy of the judgment dated 25.01.2024 passed by a coordinate Bench of this Court in somewhat similar case i.e. CWJC No. 11512 of 2021 (Prabhat Kumar vs. The Union of India & Ors.), relying upon which the impugned order dated 29.04.2025 has been passed. Today the aforesaid judgment dated 25.01.2024, passed in the case of Prabhat Kumar(supra) has been produced before us, which we have perused.

3.

Upon a query having been put to the Ld. Counsel appearing for the petitioners as to whether the said judgment dated 25.01.2024 passed by a coordinate Bench of this Court in the case of Prabhat Kumar(supra) has been assailed or not, the

Patna High Court CWJC No.2943 of 2026(3) dt.20-07-2026 3/3 Ld. Counsel for the petitioners has submitted that it appears that no further challenge has been made to the said judgment dated 25.01.2024, hence it is submitted that since the present case is squarely covered by the judgment dated 25.01.2024, rendered by a coordinate Bench of this Court in the case of Prabhat Kumar(supra), on the basis of which the impugned order dated 29.04.2025 has been passed by the Ld. CAT, the present case may be disposed of accordingly.

4.

Having regard to the fact that the Ld. Counsel for the petitioners has admitted that the present case stands squarely covered by the judgment dated 25.01.2024, rendered by a coordinate Bench of this Court in the case of Prabhat Kumar(supra), no error can be said to have been committed by the Ld. CAT while passing the impugned order dated 29.04.2025 in O.A. No. 050/00695/2021, hence the present writ petition stands dismissed.

(Mohit Kumar Shah, J) (Sourendra Pandey, J) S.Sb/- U