{"id":779,"date":"2019-09-20T22:24:08","date_gmt":"2019-09-20T16:54:08","guid":{"rendered":"http:\/\/railsamachar.com\/english\/?p=779"},"modified":"2019-09-20T22:25:07","modified_gmt":"2019-09-20T16:55:07","slug":"promotee-officers-will-be-demoted-from-ad-hoc-jag-posts","status":"publish","type":"post","link":"https:\/\/railsamachar.com\/english\/?p=779","title":{"rendered":"Promotee officers will be demoted from Ad-Hoc JAG posts"},"content":{"rendered":"

Railways’ promotee may lose 5yrs ante-dating seniority benefit<\/strong><\/p>\n

Direct officers having 5yrs of service will get promotion in Ad-Hoc JAG<\/strong><\/p>\n

Supreme court directed ASG to explain repercussion of contempt to Railway officials<\/strong><\/p>\n

Suresh Tripathi<\/strong><\/p>\n

\"\"Supreme Court has taken an indignant view on the contemptuous attitude of Railway Board<\/strong>\u00a0in taking a biased view against direct officers. The main issue heard by the apex court on 3rd May 2018 was that of 5 years antedating. The court was of the view that ante-dating is not permissible especially when the delay in DPC has already been taken into account in Parmar judgment.<\/p>\n

Further judges were already aware that ante-dating has been declared unconstitutional in Sudhakar Rao judgment by the same judge (Justice Madan Lokur) of the apex court.<\/strong><\/p>\n

Justice Madan Lokur observed that the effect of RBE 33 is that direct officers despite winning in CAT and the High Court have become aggrieved and the losers are celebrating new seniority. The court acknowledged serious flaws in the new seniority list.<\/p>\n

\"\"The court also took note of mischievous act on part of promotee officers of filing identical stay applications in 16 different CATs despite knowing that stay was not granted by Supreme Court.<\/strong><\/p>\n

Further, promotees argued that respondent R. K. Kushwaha has filed a writ petition in High Court at Patna and Supreme Court should wait for high court\u2019s judgment to decide the matter finally. The judges observed that this is a ‘Delay Tactics’ adopting by promotees. To which advocate for the Kushwaha suggested transferring the writ in Supreme Court would save time. Promotee officers did not object to it.<\/p>\n

Advocate for promotees kept requesting for vacating stay given by the High Court on RBE 33 (and new seniority lists) but the apex court refused to do that. Supreme Court ordered to simply transfer the writ from the high court to supreme court so that matter can be decided in totality.<\/strong><\/p>\n

Then promotee officers asked of maintaining stay on present situation (no promotion, no demotion till next date), to which Supreme Court specifically mentioned that most of the promotee officers have already been promoted to higher grades, and direct officers will only lose if the present situation is frozen.<\/strong><\/p>\n

Finally, judges revisited their earlier order dated 15.12.2017 and said,\u00a0\u201cRailway Board by issuing RBE 33 has tried to mischievously overrule courts order which allowed reversion of promotee officers”.<\/strong><\/p>\n

\"\"\"\"Therefore court finally maintained the position that orders dated 15.12.2017 will be given effect and any order issued by any court of the board in contravention of that be declared null and void.<\/p>\n

Apex court also advised Additional solicitor general (ASG) appearing for the railways that it\u2019s his duty to communicate what has been discussed in court today and also about the consequences of messing it up again.<\/strong><\/p>\n

Finally, the orders have been published and the effects of these orders are summarized below-<\/strong><\/p>\n

1. Stay given by Patna High Court on RBE 33 which is valid till next date of hearing will continue until August. (Next date of hearing in supreme court).<\/strong><\/p>\n

2. Railway Boards order dated 06.12.2017 (reversion of promotees) and 07.12.2017 (not affecting new promotions of direct officers) will stand valid and have to be given effect to.<\/strong><\/p>\n

Only regular promotion given to promotee officers before 12.07.2016 will remain unaffected. All other promotee officers are to be reverted like they did earlier.<\/p>\n

3. Kushwaha\u2019s writ petition in Patna High Court has been transferred to Supreme Court and will not be heard in Patna now. (Some relief for the Railway Board).<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Railways’ promotee may lose 5yrs ante-dating seniority benefit Direct officers having 5yrs of service will…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"koo_publish_custom_meta":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[1],"tags":[],"class_list":["post-779","post","type-post","status-publish","format-standard","hentry","category-main-story"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/779","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=779"}],"version-history":[{"count":3,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/779\/revisions"}],"predecessor-version":[{"id":782,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=\/wp\/v2\/posts\/779\/revisions\/782"}],"wp:attachment":[{"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=779"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=779"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/railsamachar.com\/english\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=779"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}