Court Rules Seniority Sacrificed but Eligibility for Promotion Remains Intact for Transferred Officers
In a significant judgment, the Calcutta High Court's Division Bench, comprising Justices Madhuresh Prasad and Prasenjit Biswas, has reaffirmed the eligibility of officers transferred on request within the Railway Protection Force (RPF) for promotion, despite their loss of seniority. The court ruled that while such transfers impact seniority, they do not obliterate the past service length essential for promotion eligibility.
The case originated when several Sub-Inspectors, including Atul Kumar Sarkar, contested their exclusion from a promotion list to the rank of Inspector. The petitioners had been transferred on request, leading to a loss of seniority as per Rule 99.2 of the Railway Protection Force Rules, 1987. The Railways had argued that the officers were ineligible for promotion due to their lower seniority at the new posting location.
However, the court found that the past service length of eight years, a requirement for promotion, remained intact despite the transfer. The bench pointed out that the Railway Board's directive requiring completion of eight years at the new location was inconsistent with the statutory rules and was promptly corrected by the Board itself within nine days.
The court concluded that while the officers must wait for those above them in seniority to be considered for promotion, their eligibility based on past service remains valid. Thus, the court dismissed the appeal by the Railways and upheld the single judge's earlier decision.
Bottom Line:
Rule 99.2 of the Railway Protection Force Rules, 1987 - Seniority affected due to transfer on request or mutual transfer, but eligibility for promotion based on past service remains unaffected.
Statutory provision(s): Rule 99.2 of the Railway Protection Force Rules, 1987
Union of India v. Atul Kumar Sarkar, (Calcutta)(DB) : Law Finder Doc id # 2863701
