Hon’ble Mr. Ashish Kalia, Member (J)

In the present OA, the applicant has prayed for the

following reliefs:-

“i.

That this Hon’ble Tribunal may graciously be

pleased to allow this Original application directing the

respondents to consider his case for retrospective out of

turn promotion of Sr. Comml Clerk alongwith Arrears of

Salary from when he achieved the 3^rd Medal winning

performance as per Railway Board instruction with all

consequential benefits.

ii.

That this Hon’ble Tribunal may graciously be

pleased to directing the respondents to extend the

similar and identical benefit to the applicant which was

extended by the Hon’ble co-ordinate Chandigarh Bench

of this Tribunal in Shri Mandeep Singh (Athlete) case

and same benefits accorded by the respondents to Shri

Mandeep Singh on similar & identical circumstances.

iii.

That this Hon’ble Tribunal may graciously be

pleased to direct the respondents to produce all relevant

records before this Hon’ble Tribunal in the interest of

justice.

iv.

That any other or further relief which this Hon’ble

Tribunal may be deem fit and proper under the

circumstances of the case may also be granted in favour

of the applicants.

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v.

That the cost of the proceedings may also be

awarded in favour to the applicants.”

This

matter

is

pending

since

long,

even

no

representation has been made on behalf of the respondents

on previous so may occasions. We are of this view that this

matter can be dealt with in the absence of the learned

counsel for the respondents.

Brief facts of the present OA are that the applicant

who was initially appointed as Commercial Clerk was

regularized on the said post on 28.02.2002 and entitled for

out of turn promotion to the post of Senior Commercial

Clerk w.e.f. 2005. He represented the Indian Railways in

the 42^nd All India Open Athletic Championship, the 43^rd

National Open Athletic Championship and the 45^th National

Open Athletic Championship. It is submitted that as

regards out of turn promotion, the Railway Board vide

letter dated 30.03.2007 laid down under para 9.4.1 1(ii),

which reads as under:-

“(ii) Sports persons represented Indian Railway in the

National Championship on three occasions with medal

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winning performance within a period of five year can be

considered for out of turn promotion.”

The applicant fulfilled all the condition mentioned in

the Railway Board instruction. Subsequently, he was

promoted as Senior Commercial Clerk on seniority basis on

07.09.2012 instead of due date i.e. in the year of 2005. The

case of the applicant was again put up to the competent

authority with the request to the competent authority to

accord the approval for out of turn promotion with effect

from the concluding day of the Championship where he has

achieved the 3^rd medal winning performance for Indian

Railways and later again put up to the higher authority for

seeking the similar approval. The applicant preferred a

detailed representation dated 20.06.2017 requesting the

respondents to grant him out of turn promotion with

retrospective effect when he achieved the 3^rd medal winning

performance with all consequential benefits but till date no

action has been taken so far. Being aggrieved, he has

approached this Tribunal seeking the aforementioned

reliefs.

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4.

No representation on behalf of the respondents. Mr.

Amit Anand, learned counsel who appears on behalf of the

applicant submits that since the applicant has obtained

three consecutive medals in the national games, he is

entitled for out of turn promotion as referred in the clause

9.4.1 1(ii) of the Railway Board Policy.

5.

Notices were issued. Respondents put appearance and

filed counter affidavit admitted therein the receipt of the

medals won by the applicant but they also stated therein

that the first out of turn promotion cannot be granted to

him from the date of conclusion of event as he has already

got promotion in GP Rs. 2800/- of PB-1 (5200-20200) at

his own seniority with effect from 07.09.2012.

6.

The short issue put