CAT slams Railway officials for twisting former Solicitor General's undertaking to Supreme Court

The Jaipur bench of the Central Administrative Tribunal (CAT) has criticised railway officials for attempting to circumvent an undertaking given by former Solicitor General Ranjit Kumar before the Supreme Court regarding promotions of reserved-category employees against unreserved vacancies. [Puncham Singh Vs UoI].

A bench of judicial member Ranjana Shahi and administrative member Lok Ranjan observed that certain sections of the Railways were deliberately attempting to reinterpret judicial pronouncements and the undertaking given by the Solicitor General.

"However, certain sections within the respondent-department are trying to deliberately find ways to interpret / define and twist the above-cited judgments as well as the specific undertaking by their own Solicitor General," the CAT said.

The observations came while allowing three applications filed by railway employees challenging the promotion of reserved-category candidates against unreserved vacancies.

The dispute concerned whether employees who had entered service through reservation or obtained promotions against reserved vacancies could subsequently claim promotion against unreserved posts on the basis of their own merit.

The tribunal noted that in September 2016, then Solicitor General Ranjit Kumar had assured the Supreme Court that the government would not make further promotions of reserved-category employees against unreserved vacancies by relying on two circulars issued in 2010.

The assurance was given during contempt proceedings in Samta Andolan Samiti v. Sanjay Kothari, arising from litigation concerning reservation in promotions.

Following the hearing on September 29, 2016, Kumar wrote to the government explaining the undertaking and warning that its violation would invite contempt proceedings.

The tribunal reproduced his communication, in which Kumar stated:

"The Government would not pass any further order of promotion relying upon either of these two circulars or on the basis thereof."

The communication further warned that any violation of the assurance would bring about "a definite contempt".

Consequently, the Railway Board issued instructions on September 30, 2016, holding its earlier circular in abeyance.

However, the CAT observed that despite the assurance, certain railway officials continued to pursue promotions of reserved-category employees against unreserved posts.

It noted that the Supreme Court had refrained from passing further interim orders because of the Solicitor General's undertaking.

The CAT also rejected the Railways' reliance on instructions stating that promotions would remain subject to the outcome of pending Supreme Court proceedings.

It held that such a qualification could not justify promotions otherwise covered by the undertaking.

"The very undertaking of the learned Solicitor General before the Hon’ble Supreme Court is to not promote reserved category persons against unreserved vacancies during the interim period till the pendency of the SLPs," the tribunal observed.

It held that reserved-category employees who had already availed reservation benefits could not subsequently claim promotion against unreserved roster points on the principle of their own merit, under the legal position considered by the tribunal.

Accordingly, the CAT quashed a February 16, 2023 promotion notification and directed the Railways to prepare fresh eligibility and suitability lists.

Advocate Shobhit Tiwari appeared for the applicants.

Advocates MK Sharma, KC Meena, RD Meena, NC Goyal, VD Sharma and Arun Sharma represented the respondents.

[Read Judgment]