Central Administrative Tribunal, Allahabad Bench Allahabad ****

This is the 10^th Day of September, 2025 Original Application No.738/2016 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

Ram Pravesh Prasad S/o Late Suraj Nath R/o Pansarhi Chhoti P.O. Sardar Nagar Gorakhpur, presently working as Stenographer in the Office of Controller of Stores N.E. Railway, Gorakhpur.

………..Applicant By Advocate: Shri Sanjay Kumar Om Versus

1. Union of India through General Manager, North Eastern Railway, Gorakhpur.

2. Chief Personnel Officer (Admin) N.E. Railway, Gorakhpur.

……….… Respondents By Advocate: Shri Arvind Kumar

O R D E R

Delivered by Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Heard Shri Pradeep Kumar Mishra holding brief of Shri Sanjay Kumar Om, learned counsel for the applicant and Shri Arvind Kumar, SUSHIL KUMAR SRIVASTAVA learned counsel for the respondents.

2. Instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main relief(s):-

“A. to issue a writ order or direction in the nature of certiorari quashing the order dated 10.06.2015 passed by Resp. No.2 (Annexure No.1 to Compilation No.I)

B. to issue a writ order or direction in the nature of mandamus commanding the respondents to promote the applicant as Stenographer in the Pay Band of Rs.9300-34800 Grade Pay Rs.4200 from the date other empaneled candidate of the selection have been promoted.

C. to issue a further writ order or direction in the nature of mandamus to commanding the respondents to grant the seniority and arrears of salary etc. from the date the same has been made applicable to other empaneled candidates.

D. To grant all the consequential reliefs which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

3. The brief facts of the case, as per the Original Application, are that; 3.1 The applicant, belonging to the Scheduled Caste category, was initially appointed on 08.06.1996 as Stenographer Grade–III in the scale of Rs.1200–2040 (revised to Rs.5200–20200 with Grade Pay Rs.2400)

under North Eastern Railway.

3.2 Respondent no.2 issued a notification dated 13.06.2013 for filling up 13 vacancies of Stenographer in Pay Band–2, Rs.9300–34800 with Grade Pay Rs.4200, including 2 posts reserved for Scheduled Caste category.

3.3 The applicant applied and appeared in the test, but though he was not declared successful, he secured more than 20% marks and his name was placed at serial no.6 in List ‘B’, above certain other candidates including respondent no.4.

SUSHIL KUMAR SRIVASTAVA

3.4 The applicant claims that in terms of Railway Board’s circulars dated 28/30.07.1971 and 03.03.1997, Scheduled Caste candidates securing at least 20% marks in non-safety categories are eligible for promotion on ad hoc basis under the scheme of “Best Amongst Failures”. He, therefore, submitted a representation on 20.08.2013 seeking such promotion. However, respondent no.2 rejected his request stating that the benefit was not applicable to Stenographers, though in earlier years similarly placed candidates had been promoted under the same scheme. 3.5 The applicant further states that despite Railway Board’s clarification dated 17.04.2014 confirming applicability of the scheme to Stenographers, his claim was turned down by order dated 10.06.2015 on the basis of Railway Board’s subsequent circular dated 27.03.2015, which, according to him, could not be applied to the 2013 selection.

3.6 He alleges that the reserved vacancies were wrongly diverted to others junior to him, and being aggrieved, he has filed the present OA seeking promotion with consequential benefits.

4. Counter Affidavit has been filed from the side of the respondents wherein they have denied the claim of the applicant and stated that;

4.1 The applicant appeared in the selection held pursuant to notification dated 13.06.2013 but failed to qualify in the stenography test, as he