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High Court Of ChhattisgarhWPS/4346/2018dismissed

Union Of India v. B. Ravikant

2018-10-23Hon'Ble The Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4346 of 2018

1. Union of India General Manager South East Central Railway Bilaspur, District Bilaspur, Chhattisgarh.

2. Sr. Divisional Personnel Officer, South East Central Railway Bilaspur, Chhattisgarh.

3. Divisional Railway Manager, South East Central Railway Bilaspur, Chhattisgarh.

4. Chief Personnel Officer, South East Central Railway Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. B. Ravikant S/o Late B. S. N. Murty Aged About 52 Years Working As Loco Pilot Goods R/o HIG-B/ 2, Deorikhrud, H. B. Colony, Bilaspur, Chhattisgarh.

2. Nalini Ranjan Mishra, S/o Braj Mohan Mishra, Aged About 54 Years Working As Loco Pilot Goods R/o Rly Qtr. No. 104/1, SECR, Near Samudayik Bhawan, Raigarh, Chhattisgarh.

3. P. Nageshwar, S/o P. Mohan Rao Aged About 50 Years Working As Loco Pilot Goods R/o. H.No.S-1/41, Annapurna Vihar, Ganesh Nagar, Bilaspur, Chhattisgarh.

4. R.C. Kamal (Loco Pilot Goods), Under Chief Crew Controller, South East Central Railway, Bilaspur, Chhattisgarh.

---- Respondents For Petitioners :

Shri H.S. Ahluwalia, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 23.10.2018 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 & Others Vs. Lachhmi Narain Gupta & Others and analogous cases decided on 26.09.2018, the law laid

down by the Hon'ble Supreme Court in M. Nagraj Vs. Union of India reported in (2006) 8 SCC 212 still holds the field.

3.

If this be so, the writ application is dismissed. No interference is warranted with the impugned order dated 05.04.2018 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur in O.A. No.200/294/2015 since the order/orders granting promotion in breach of the ratio of the M. Nagraj case by the Railways cannot be sustained.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan