CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Reserved on: 30.08.2024 Pronounced on: 13.09.2024 OA No. 060/1513/2018 HON’BLE SH. RAMESH SINGH THAKUR MEMBER (J)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

Amandeep Singh son of Shri Mewa Singh, aged 32 years, R/o Village Shahpour, Post Office Barmalipur, Tehsil Payal, Ludhiana, Punjab-141416. Group „C‟.

………. Applicant (BY Advocate: Sh. H.S. Sehgal)

Versus

1. Union of India through the General Manager, Northern Railway, Baroda House, New Delhi-110001.

2. Deputy General Manager/G, Northern Railway, Baroda House, New Delhi-110001.

3. Joint Secretary, NRSA, Northern Railway, Baroda House, New Delhi-110001.

4. Divisional Railway Manager, Ambala Division, Northern Railway, Divisional Railway Office, Ambala Cantt-133001.

5. Sr. Divisional Personnel Officer, Ambala Division, Northern Railway, Divisional Railway Office, Ambala Cantt-133001.

6. Divisional Sports Officer, Ambala Division, Northern Railway, Divisional Railway Office, Ambala Cantt-133001.

……………..Respondents (BY Advocate: Sh. Sanjay Goyal, Sr. CGSC)

O R D E R

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This Original Application has been filed under Section

19 of the A.T. Act, 1985 seeking the following relief(s):-

“8(A). Issue appropriate orders or directions for quashing the impugned order dated 17.09.2018 (Annexure A-6), passed by the respondents whereby the case of the applicant for the grant of first out-of-turn promotion was rejected illegally and arbitrarily.

(B) Issue appropriate order or directions for grant of first out-of-turn promotion from the due date to the applicant, being an outstanding sportsperson as per clause 9.2.1 of the instructions dated 31.12.2010 (Annexure A-2) along with all consequential benefits and arrears from the due date with interest.”

2. The brief facts as enumerated in the Original Application are that the applicant initially joined the respondent department as a junior TC, Group “C” in pay grade of Rs. 3050-4050 with a salary of Rs. 3425/- p.m. on 13.03.2007 under the Sports Quota for Cycling at Mumbai in Mumbai (CSTM) Division and continued to perform on the same post to the entire satisfaction of his superiors.

3. On the recommendations of VIth Pay Commission, the salary of the applicant was fixed in the grade of Rs.

5200-20200 with Grade Pay of Rs. 1900/- p.m. with a salary of Rs. 5830 + GP of Rs. 1900.

4. It is further averred in the OA that the respondent department in order to uplift the spirit of the sportsperson introduced policy regarding the recruitment of sportspersons in Group “C” and Group “D” posts through talent scouting as well as providng incentives in the shape of additional increments and out-of-turn promotion to sports persons of the Railway Board which was revised from time to time. Subsequently, the respondent department issued a notification RBE No. 189 of 2010 dated 31.12.2010 (Annexure A-2) in supersession of all the earlier notifications/clarifications/corrigendum providing for “Instructors, Norms and Procedure for recruitment, norms for incentives and out-of-turn promotion and Sports Quota for Railway/Units etc.” – wherein the sportspersons working with the respondent department are entitled for out-of-turn promotion/incentive increments after specific achievements in the international and national games.

5. The applicant was granted performance linked increments other than those for the medal from time to time for being an outstanding sportsperson based on prevailing instructions of the respondent department for his excellence in different national championships for Cycling as is evident from his service record (Annexure A-1).

6. The applicant was promoted to the post of Senior T.C.

on 30.12.2010 on the basis of his own merit-cum- seniority in the pay grade of Rs. 5200-20200 + Grade Pay of Rs. 2400. The applicant submits that on the basis of prevailing Railway Instructions, on winning three consecutive medals in the national event, the applicant was also entitled for first out-0f-turn p