Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 10798

CENTRAL ADMINISTRATIVE TRIBUNAL
Ajay Pratap Singh, J
Prashant Kumar – Appellant
Versus
Union of India – Respondent
O.A. No. 051/00432/2024|O.A. No. 051/00437/2024|O.A. No. 051/00438/2024|O.A. No. 051/00439/2024|O.A. No. 051/00440/2024|O.A. No. 051/00441/2024|O.A. No. 051/00447/2024|O.A. No. 051/00454/2024

Advocates:
For the Appellants/Petitioners: Shri S.B. Gupta, Shri Baban Prasad
For the Respondents: Shri Rajendra Krishna Sr. CGSC, Shri Amit Sinha

Applications before Tribunal premature if representations pending; Section 20 AT Act mandates exhaustion of remedies or 6-month wait; department must decide representations timely; OAs disposed directing decision within 30 days. (38 words)

Headnote:(A) Administrative Tribunals Act, 1985 - Section 20 - Exhaustion of remedies - Applications challenging promotion orders despite pending representations on unwillingness for promotion - Tribunal shall not ordinarily admit application unless applicant has availed all remedies under service rules, including representations, or six months have elapsed without decision - Representations submitted after cut-off date but impugned orders issued without deciding them - OAs not maintainable at admission stage due to non-exhaustion of remedies, though department obliged to decide representations timely. (Paras 14, 15, 16, 20)

(B) Service Law - Promotion - Unwillingness - Employees expressed unwillingness for promotion from Loco Pilot (Shunter) to Loco Pilot (Goods) in same pay level, accepted earlier, but included in subsequent eligibility list and posted without deciding fresh representations seeking debarment - Competent authority directed to decide pending representations by speaking order within 30 days, liberty to re-approach if aggrieved. (Paras 21, 22)

Facts of the case:
Multiple consolidated original applications filed by railway employees promoted from Loco Pilot (Shunter) Grade-I to Loco Pilot (Goods) in Level-6, aggrieved by eligibility lists, suitability results, and posting orders issued despite prior acceptance of unwillingness and pending representations seeking debarment from promotion and posting at same station.

Findings of Court:
OAs disposed at admission stage without merits; competent authority to decide pending representations by speaking order within 30 days per rules; applicants at liberty to re-approach if still aggrieved post-decision.

Issues: Maintainability of OAs without exhausting remedies under Section 20; obligation to consider unwillingness representations before issuing promotion and posting orders.

Ratio Decidendi: Section 20 mandates exhaustion of departmental remedies including undecided representations; issuing adverse orders without deciding representations does not cure prematurity; Tribunal directs decision on representations to fulfill statutory scheme, balancing employee rights and procedural obligations.

Result: Original applications disposed with directions.

Table of Content
1. parties and representatives listed (Para 1 , 2)
2. applicants seek quashing of promotion orders (Para 3 , 4)
3. unwillingness for promotion ignored (Para 5 , 6 , 7 , 8)
4. applicants' and respondents' arguments (Para 9 , 10 , 11 , 12)
5. section 20 at act exhaustion required (Para 13 , 14 , 15 , 16)
6. precedents mandate representation decision (Para 17 , 18 , 19 , 20)
7. oas disposed directing representation decision (Para 21 , 22 , 23 , 24 , 25 , 26 , 27)

ORDER

Per Ajay Pratap Singh, Member [Judicial]:

1. Aggrieved by the common order dated 13.06.2024, whereby all applicants posted on promotion from post of Loco Pilot Shunter- Grade I to E.L.P. (Goods) in PB-II (Rs. 9300-34800) with Grade Pay Rs. 4200, Level-6 in 7^th CPC on administrative grounds, order dated 10.06.2024, whereby 2^nd phase provisional result issued for Loco Pilot (Goods ) on seniority-cum- suitability with prescribed mark of Electrical (Operating) Department and notification dated 17.05.2024 2^nd phase provisional eligibility list for promotion to the post of Loco Pilot (Goods ) in Level-6 of Chakradharpur Division issued by Sr. D.P.O., South Eastern Railway, Chakradharpur, whereby to fill up 379 (UR-302, SC-69 AND ST-8) vacancies of Loco Pilot (Goods ) in Level-6 pertaining to Electrical (Operating) department, notification dated 11.03.2024 issued but only 55 (UR 42, SC-07, ST-06) candidates empaneled for promotion to the post of Loco Pilot (Goods) , now to fill up remaining vacancies of Loco Pilot (Goods ) i.e. 324 (UR-260, SC-62, ST-01) 2^nd phase provisional eligibility list is hereby published as per their seniority position and name of applicants included inspite of unwillingness and representation, if any regarding enclosed provisional eligibility list sought latest by 22.05.2024 and the connected matters, the applicants therein have filed these OAs.

2. The facts involved in these cases are similar, grounds, contentions and pleadings being one and the same, all these OAs are considered together for final disposal. The cases are at admission stage on consent heard and argued by Shri S. B. Gupta, learned counsel for applicant in OA No. 432/2024 and Shri Baban Gupta, learned counsel for applicant in OA No. 437/2024, OA No. 438/2024, OA No. 439/2024, OA No. 440/2024, OA No. 441/2024, OA No. 447/2024 and OA No. 454/2024 and Shri Rajendra Krishna, Learned Senior Central Government Standing Counsel with Shri Amit Sinha, ASC appearing for all respondents.

PRAYER

3. With the consent of learned counsel appearing for the parties the facts are being extracted from lead case OA No. 432 of 2024, Prashant Kumar Versus Union of India and others. The present OA has been filed under Section 19 of the Administrative Tribunals, Act 1985 seeking the following relief(s) as extracted from the OA:-

“(i) For setting aside the Office Order No. SER /p- ckp/lr/210/LP(goods)/posting/124/2024 dated 14.06.2024 in respect to the Applicant (whose name is appearing at Sl. No. 09)by which partial modification has been made by the Assistant Personnel Officer, CKP Division in the Office Order No.: SER / P- CKP/LR/210 /LP (GOODS) POSTING/123/2024 dated 13.06.2024 and "Revised Particular" of the Applicant has been changed from ELECTRICAL (ELECTRICAL) /LP /SHUNTING-I SER/ CKPD/JRLI/CCC(E)/JRLI to ELECTRICAL/ LOCO PILOT GOODS (ELECTRICAL) SER/ CKPD/ JRLI/ CCC(E)/ JRLI in most arbitrary manner.

(ii) For further direction upon the concerned Respondents / competent authority to consider and decide pending representation of the Applicant dated 06.06.2024, although only about one month before Unwillingness application of the Applicant for the Promotion in the same post i.e. Loco Pilot (Goods) Level-6 has been accepted by the competent authority and his name has been placed under Annexure- B of un-willing candidates at Sl. No. 138 in the Office Order No.: SER/P- CKP/LR/210/LP(GOODS)/SUITABILITY/2024 dated 10.04.2024.

(iii) For further direction upon the concerned Respondents to take a decision t

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