Hemlata Mathur vs Union of India - 2023 Supreme(Del) 5102

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5102

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Hemlata Mathur – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Arun Bhardwaj, Senior Advocate with Mr. Nikhil Bhardwaj, Mr. Nishant Bahuguna, Mr. Abhishek Sharma and Mr. Gauraan, Advocates, for the Petitioners.
Mr. K.D. Sharma, Advocate, for the Respondents.

JUDGMENT

V. Kameswar Rao, J.

1. The challenge in this petition is to an order dated September 5, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in the Original Application being OA 3276/2013, whereby the Tribunal has adjourned proceedings sine die on the ground that similar issue is sub judice before this Court in W.P.(C) 1024/2014 which arises from OA No.3133/2012, titled Sunder Singh & Ors v. Union of India & Ors..

2. The facts as noted form the record are that, in the Indian Railways prior to the year 2003, the selection criteria for Office Superintendent Grade-II (`OS Grade-II', for short) was 100% promotion from the post of Head Clerk. With the cadre restructuring scheme issued by the Railway Board vide circular No. RBE No 177/2003, dated October 9, 2003, the selection criteria of OS Grade-II cadre was re-organised and 20% of the posts were made to be filled through Direct Recruitment quota and remaining 80% through promotional quota from the lower grade of Clerk. Later on, the element of 20% of Direct Recruitment quota was replaced by Limited Departmental Competitive Examination LDCE vide circular No. RBE No. 102/2005 d