WP.CT/210/2024 of UNION OF INDIA AND ORS Vs SRI AMARJEET SINGH AND ANR on 14 August 2026

14.08.2026 rpan/12

WPCT 210 of 2024 Union of India & Others

– Versus – Sri Amarjeet Singh & Another

Mr. Shyamal Kr. Mukherjee, Ms. Priti Jain …. for the Petitioners. Mr. Saptarshi Roy, Ms. Kakali Das Chakraborty … for the Respondent No.1.

The present writ petition has been preferred by the Union of India and its functionaries challenging an order dated 31st January, 2024 passed by the learned Tribunal in the original application (in short, OA), being OA No.350/326/2020. Mr. Mukherjee, learned advocate appearing for the petitioners submits that the judgment of the Hon’ble Supreme Court delivered in the case of Union of India Vs. C. R. Madhava Murthy & Others in Civil Appeal No.2087 and 2088 of 2022 upon which reliance was placed by the learned Tribunal is not applicable to the facts and circumstances of the case since the order passed in the case of Union of India (supra) was a case where a junior was drawing more pay on account of upgradation under the ACP Scheme. The sources of promotion of the original applicant and Sri B. L. Narayana were different and distinct.

He further argues that the learned Tribunal failed to appreciate that the judgment delivered by a co- ordinate Bench of this Court in Shyamapada Roy & Others Vs Union of India & Others was challenged before the Hon’ble Supreme Court and upon hearing it was categorically observed that the question of law concerning the interpretation of the relevant rules is left open to be considered. He contends that the learned Tribunal erred in law in not taking into consideration the rules framed under the Railway Rules, being Estt. Srl. No.5/1995 & IREC Volume-II as regards stepping up and that as such the impugned order is not sustainable in law. Mr. Roy, learned advocate appearing for the original applicant/respondent no.1 herein submits that the issue involved in the present writ petition is no longer res integra. Initially the issue was considered in the case of Shyamapada Roy & Others (supra) and the order passed in the same was not interfered with by the Hon’ble Supreme Court and subsequent thereto, considering the judgment delivered in Shyamapada Roy & Others (supra), a co- ordinate Bench of this Court in the case of Union of India & Others Vs. Koneru Chiranjeevulu has already decided the issue finally and the order passed in the same has already been complied with. In view thereof, the present writ petition is not tenable and is liable to be dismissed. We have heard the learned advocates appearing for the respective parties and considered the materials on record. Indisputably, the original applicant was senior to Sri B. L. Narayana, the pro forma respondent herein in the promotional post of Chief D.T.I. since he was promoted in the said post on and from 23rd February, 2000 whereas Sri B. L. Narayana was promoted to the said post about two years thereafter with effect from 1st December, 2002. In the case of Shyamapada Roy & Others (supra) as well as in the case of Union of India & Others Vs. Koneru Chiranjeevulu the issue involved was as regards stepping up of pay in promotional post. The orders passed in the same have already been complied with. In view thereof, the learned Tribunal by the order impugned rightly quashed and set aside the order impugned in the OA and directed the petitioners herein ‘to consider the claim of the applicant for stepping up of his pay at par with Mr. B.L. Narayana, in the light of the judgment of Hon’ble Supreme Court in the case of Union of India & Others Vs. C.R. Madhava Murthy & Another (supra) and to pass appropriate order by allowing him the benefit of stepping up of pay with other consequential benefits’. The learned Tribunal upon dealing with the factual issues arrived at specific finding and we do not find any error in the same. For the reasons discussed hereinabove, the writ petition, being WPCT 210 of 2024 is dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. (Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.)