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Item No. 26/C-III

O.A. No. 282/2016

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

O.A. No. 282/2016

This the 20^th day of January, 2023

Hon’ble Mr. Ashish Kalia, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Shri Gurdeep Singh

S/o Shri Jang Singh

Sr Ticket Examiner

Ferozpur Division

Northern Railway

Railway Station Ludhiana

…Applicant

(By Advocate : Ms. Meenu Mainee)

Versus

1. General Manageer

South Eastern Railway, Calcutta

2. General Manager

Northern Railway

Baroda House, New Delhi

3. Divisional Railway Manager

Northern Railway

Ferozpur Cantt.

….Respondents

(By Advocate : Ms. Dharam Deshna)

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Item No. 26/C-III

O.A. No. 282/2016

ORDER (ORAL)

Hon’ble Mr. Ashish Kalia, Member (J)

By virtue of the present OA, the applicants are seeking the

following reliefs:

“8.1 That the Hon'ble Tribunal may be graciously pleased to allow

this application and direct the respondents to release two out of

turn promotions to the applicant from the date these promotions

were due with all consequential benefits like arrears, seniority

etc.

8.2 That the Hon'ble Tribunal may further be pleased to direct

the respondents to release additional increments as due to the

applicant as per para 9.4.1. and 9.4.2 of the aforesaid circular

from the date such increments were due with all consequential

benefits like arrears etc.

8.3 That the Hon'ble Tribunal may also be graciously pleased to

give the benefit of additional increments to the applicant as per

para 9.2 of Railway Board circular.

8.4 That the Hon'ble Tribunal may be pleased to direct the

respondents to pay all consequential benefits, including arrears.

8.2 That the Hon'ble Tribunal may further graciously be pleased

to pass any, other or further order as may be deemed fit and

proper on the facts and circumstances of the case.

8.3 That the Hon'ble Tribunal may further be graciously pleased

to grant costs against the respondents and in favour of the

applicant.”

2. The applicant was appointed as a Ticket Collector against

sports quota and he was transferred from South Eastern

Railway to Northern Railway on mutual request basis. As per

the Railway Board circular dated 20.06.2006, some extra and

additional benefits have been provided by the Railway Board to

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Item No. 26/C-III

O.A. No. 282/2016

sport persons like out of turn promotion additional increment

etc., which was not given to the applicant.

3. The applicant made a detailed representation to the

respondents on 28.09.2014 which is stated to have been

rejected by the impugned order dated 01.12.2015.

4. Notices were issued to the respondents. They put

appearance and filed reply. It is submitted that the OA is not

maintainable at Principal Bench as admittedly, the applicant is

posted in Ludhiana.

5. The first objection raised is for territorial jurisdiction. The

present OA is also not maintainable for non-joinder of

necessary parties in as much as the applicant has not

impleaded any person who is adversely affected in case the

relief is granted. Further, the OA is premature, the applicant

has not addressed the representation to the South Eastern

Railway. It is stated that the applicant was selected as Ticket

Examiner in South Eastern Railway in the pay-scale of Rs.

3050-4590 on 5.4.2007 against sport quota. It is further

submitted that applicant was promoted on 01.12.2015 as per

his seniority. He is not entitled for out of turn promotion as per

the policy of Railway Board as the applicant has not got three

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Item No. 26/C-III