Ranveer Singh and Ors v. Union of India and Ors

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. DECEMBER 17, 2020 SU

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th December, 2020. + W.P.(C) 920/2020 ASHOK SINGH BHADAURIA AND ORS. ..... Petitioners Through: Mr. Suhail Dutt, Sr. Adv. with Mr. D.K. Thakur, Mr. Abhishek Kumar, Mr. Rituparn Uniyal, Mr. Sankalp Goswami and Mr. Azhar Alam, Advs. Versus THE UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Jagjit Singh, Adv. for Railways. Mr. Rajan Sabharwal with Mr. Raghav Sabharwal, Advs. AND + W.P.(C) 3683/2020 & CM No.13232/2020 (for interim relief) RANVEER SINGH AND ORS ..... Petitioners Through: Mr. Suhail Dutt, Sr. Adv. With Mr. Abhishek Kumar and Mr. Azhar Alam, Advs. Versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Jagjit Singh, Adv. for Railways. Mr. Rajan Sabharwal and Mr. Raghav Sabharwal, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW 1. On 18th November, 2020, after substantially hearing the counsel for the petitioners, the following order was passed:- "1. The two petitions, impugning reversion of the petitioners from the post of Assistant Sub Inspector (ASI) to the post of Head Constable, in the Railway Protection Force (RPF), are ripe for final hearing. 2. The senior counsel for the petitioners has contended, (i) that the petitioners, between 1980s and 1990s joined the Railway Protection Special Force (RPSF) as Constables; (ii) that the petitioners, between the years 2001-2002 were promoted as Head Constables; (iii) that the petitioners, between the years 2006 to 2008 were transferred from RPSF to RPF North Central Zone and as per the then Standing Order, were put at the bottom of the seniority list of Head Constables; and, (iv) that the petitioners, in the year 2016 were promoted as ASI. 3. The senior counsel for the petitioners states that in the year 2020, after the petitioners had served at the post of ASI for four years, they were reverted to the post of Head Constables. It is contended that the said action has been taken purportedly pursuant to the order of a Division Bench of this Court in a petition filed by certain Head Constables of the North Zone challenging the seniority list and which petition was allowed. It is informed that the different Zones of the Railways have different and not common seniority lists and pursuant to the challenge to the seniority list in one Zone, the seniority lists in other Zones which have not been challenged, cannot be changed, after have attained finality. It is contended that the petitioners, on being transferred to the RPF were placed at the bottom of the seniority list of Head Constables, and the seniority list could not have been changed after 12 years, in 2020. It is further contended that without any challenge to the seniority list being made, in any case it could not have been altered. 4. Mr. Rajan Sabharwal, Advocate for the respondents has interrupted at this stage and has contended that we had in our order dated 5th August, 2020, on being informed that 24 matters entailing similar issues were spread over different High Courts, suggested moving the Supreme Court for consolidation of the matters before one High Court and in pursuance thereto, though an application has been filed in the Supreme Court but has not been listed till today. Adjournment is sought, to await the orders of the Supreme Court in the application stated to have been so moved. 5. The senior counsel for the petitioners opposes the adjournment contending that while some High Courts have granted interim stay of reversion, the petitioners herein stand reverted. It is even otherwise stated that the case of the petitioners is distinct inasmuch as in North Central Zone to which they belong, there was no challenge to the seniority list and the outcome of a writ petition in respect of another Zone cannot have application to a seniority list which has gone unchallenged and attained finality. 6. We have enquired from Mr. Rajan Sabharwal, Advocate for the