ARUN KUMAR CHATTERJEE vs SOUTH EASTERN RAILWAY & ORS.

The Supreme Court held that Rule 312 of the Railway Establishment Manual, along with Railway Board’s Circular No. 1565A, mandates that a railway servant transferred on their own request must be placed below all existing confirmed and officiating staff in seniority. The Court clarified that the term 'officiating' does not include temporary staff, and thus the appellant, who was transferred, should be ranked below permanent clerks but above temporary clerks. The appeal was allowed, and the earlier decision regarding the appellant's seniority was overturned, affirming his rightful position in the seniority list.