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CENTRAL ADMINISTRATIVE TRIBUNAL
Justice Rameshwar Vyas, J, Dr. Amit Sahai, A
Ram Vyas Singh – Appellant
Versus
Union India through the General Manager, Northern Western Railway – Respondent
| Table of Content |
|---|
| 1. promotion request context. (Para 1 , 2) |
| 2. discussion on promotion based on community representation. (Para 3) |
| 3. arguments for seniority versus promotional structure. (Para 6 , 7) |
| 4. court analysis on reservation and promotion legality. (Para 8) |
ORDER
Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)
The applicant has preferred this OA praying for direction against the respondents to consider his candidature for promotion on the cadre of Senior Black Smith (BS) w.e.f. 01.12.2013.
2. Facts of the case in brief are as under:-
2.1 The applicant was initially appointed on the post of Black Smith- III with the respondent department. As per seniority list of Black Smith dated 19.12.2013, his name figures at serial no.2, after Harish Chandra Prathvi Ram. Vide RBE 102/2013 restructuring of certain Group ‘C’ in the Ministry of Railways took place. Pursuant to which cadre of C&W Mechanical Department and Vehicle Driver as on 01.11.2013 were revised resulting in arising of one additional post of Black Smith in the grade pay of Rs.4200/- in C&W Department w.e.f. 01.11.2013.
2.2 It is the grievance of the applicant that the respondents filled up that post by promoting his junior Bah
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