O R D E R (ORAL)

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) Declare the impugned order No.B/P.612/1/SMs & Con/Vol-II. dated 02.08.2022 as arbitrary and illegal and set aside the impugned order at Annexure A1 and consequential benefits under Annexure A22.

(ii) Direct the Respondents to revise the inter-se seniority list of Station Masters, SBC Division, by clubbing both the batches and considering the marks secured at the end of the training.

(iii) Direct the Respondents to provide the Applicant with all consequential benefits.

(iv) Any other relief which this Hon’ble Tribunal deems fit, in the interest of justice and equity.”

2. Briefly stated the facts as narrated by the applicant are that the applicant successfully cleared the preliminary examination, main examination and the Aptitude Test, held pursuant to the advertisement vide Centralized Employment Notice CEN No.03/2012 for the post of Assistant Station Master in Operating Department, Bangalore Division, South Western Railway. The applicant was issued with a letter by the Respondent No.2 for RRB appointment in Group ‘C’ calling for documents verification. On verifying the documents, the applicant was issued with an offer of appointment as Probationary Assistant Station Master and the said offer was accepted by the applicant on 13.05.2014. Further, the applicant was subjected to medical test on 14.05.2014. Thereafter, the applicant was informed that the initial training would commence from 27.10.2014. Accordingly, the applicant was sent for training from 27.10.2014 to 19.03.2015 in batch no.08/14 of South Western Railway ZRTI/MLY (Moulali). Some of the other candidates, who were qualified in the same RRB CEN 03/2012 along with the applicant had undergone training in batch No.3/2012 at MDRTI/DWR (Dharwad) from 23.06.2014 to 18.11.2014. The applicant successfully cleared the training in his first attempt and secured highest marks in the training with 348 marks. Pursuant to the same, the applicant was posted as Station Master, PRNT (Peryanagathunai, Tamil Nadu). Later, Respondent No.2 released seniority list wherein consistently the applicant was considered to be the senior. On 02.08.2022, the Respondent No.2 released the revised provisional seniority list of Station Masters in Level-6 of Operating Department of SBC Division and placed the second batch including the applicant below the first batch candidates. Being aggrieved, the applicant submitted a representation dated 06.08.2022. Subsequently, letters dated 17.08.2022 and 12.09.2022 were submitted, but no response was received. Hence the applicant filed an application under RTI on 03.11.2022 demanding for information regarding the reply against representation given by the applicant. Along with the said RTI reply, the applicant received the reply dated 07.09.2022 said to have been issued to the applicant’s representation dated 06.08.2022 rejecting any correction in the said seniority list. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri Shashank Kumar representing the applicant argued that the South Western Railway has failed to adopt the uniform practice, while other Divisions of Mysuru (MYS) and Hubballi (UBL) are clubbing the inter-se batches and the seniority is decided as per the marks obtained in the examination held at the end of the training period, the SBC Division has adopted a different practice particularly for the batch CEN 03/2012. Though the applicant has scored highest marks in the examination held at the end of training period, on misinterpretation of provisions of Para 303(a) of IREM Vol-I, revised the seniority list placing the applicant at Sl.No.21. The applicant has been punished for no fault from his side and that only due to administrative reason and lack of accommodation, the applicant has been sent for training in the second batch. The ap