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SCA/9307/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9307 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
HONOURABLE
MR.JUSTICE G.B.SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
MANILAL
R PARMAR - Petitioner(s)
Versus
UNION
OF INDIA THROUGH GENERAL MANAGER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MS TRIVEDI for
Petitioner(s) : 1,
MS REETA CHANDARANA for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 03/03/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. 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.
2. We
have heard Ms.Rita Chandarana, learned counsel appearing for the
respondents.
3. 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.
4. 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.
5. 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.
6. This
petition is devoid of any merits and is accordingly dismissed. Rule
is discharged. Parties to bear their own costs.
(V.M.Sahai,
J.)
Sreeram. (G.B.Shah,
J.)
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