Union Of India v. O.P. Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1690 of 2018

1. Union of India Through The Secretary Ministry of Railways, Rail Bhawan New Delhi.

2. General Manager South East Central Railway New GM Building, Bilaspur District-Bilaspur Chhattisgarh.

3. Senior Divisional Personnel Officer, South East Central Railway Bilaspur Chhattisgarh.

4. Assistant Personnel Officer, South East Central Railway Bilaspur Division, Bilaspur Chhattisgarh.

---- Petitioners

Versus

1. O.P. Singh S/o S/o Late B.N. Singh Working As VI / SECR, R/o Qtr. No. 24/4, New Construction Colony Behind Mahesh Sweets Bilaspur.

2. Deepak Kumar Baghel Section Controller O/o Senior Divisional Operations Manager South East Central Railway Bilaspur Division Bilaspur. ---- Respondents For Petitioners : Shri H.S. Ahluwalia, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Judgment on Board P. R. Ramachandra Menon, Chief Justice 02.12.2019 1.

Heard the parties.

2.

Keeping in mind the Constitution Bench decision which has been rendered in SLP (C) No. 30621 of 2011 i.e. Jarnail Singh & Ohters Vs. Lacchmi Narain Gupta & Others and analogous cases decided on 26.09.2018, the law laid down by the Hon'ble Supreme Court in M. Nagaraj Vs. Union of India reported in (2006) 8 SCC 212 still holds the field.

3.

No interference is warranted with the impugned order dated 23.10.2017 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in O.A. No. 203/00606/2015 since the order/orders granting promotion in breach of the ratio of the M. Nagaraj case by the Railways cannot be sustained; as already held by this Court on 23.10.2018 in WPS No. 5113 of 2018. Writ petition stands dismissed accordingly.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Hem