(Reserved on 03.09.2025)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

This is the 15^th Day of September, 2025 Original Application No.1119/2013 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

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

Raj Yash Sharma son of Shri S.R. Sharma, r/o LIG 15 Ratan Lal Nagar Kanpur. Presently posted as Upper Division Clerk (SG) (presently designated as Senior Social Security Assistant) in the office of the Employee Provident Fund Regional Office-

Kanpur.

………..Applicant By Advocate: Shri Rakesh Kumar Dixit Versus

1. Union of India through the Secretary, Ministry of Labour Government of India, New Delhi.

2. The Central Provident Fund Commissioner, Employee Provident Fund Organization, Bhavishya Nidhi Bhawan, 14 Bhikhaji Cama Place New Delhi.

110066.

3. The Regional Provident Fund Commissioner, Employee Provident Fund Organization, Regional Office, Nidhi Bahwan, Sarvodaya Nagar, Kanpur.

4. Ashok Kumar Agarwal S/o Shri C.L. Agarwal, r/o Birma Nagar, Sewla Sarai, P.O. Naina, Gwalior Road, Agra, presently posted as EO, EPFO, SRO, Agra.

……….… Respondents By Advocate: Shri Satyajeet Mukherjee SUSHIL KUMAR SRIVASTAVA O R D E R Delivered by Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Heard Rakesh Kumar Dixit, learned counsel for the applicant and Shri Satyajeet Mukherjee, 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 relief(s):-

“i. issue an order or direction in the nature of mandamus commanding the respondents to consider the case of the applicant for promotion to the post of EO/AAO and grant the same forthwith along with all consequential benefits of seniority and arrears of pay etc.

3. The brief facts of the case, as stated by the applicants in the Original Application, are as under:-

3.1 The applicant was initially appointed as Lower Division Clerk (LDC) in the office of the Regional Provident Fund Commissioner, Regional Office, Kanpur (Respondent No.3) on 16.08.1982 vide office order dated 01.09.1982. He was promoted on ad hoc basis as Upper Division Clerk (UDC) in February 1987, after recommendation of the Departmental Promotion Committee and was subsequently regularized on the said post on 03.01.2001.

3.2 The Employees’ Provident Fund Organisation (EPFO) introduced the Examination Scheme of 1992 for promotion to the posts of Enforcement Officer/Assistant Accounts Officer (EO/AAO). As per the scheme, 25% of the posts were to be filled through departmental examination, 50% through seniority quota, and 25% through direct recruitment. The applicant, being eligible as a UDC with more than five years of service, appeared in the departmental examination held in December 2009 pursuant to Notification dated 01.09.2009, which had SUSHIL KUMAR advertised 15 vacancies for the General category, 2 for SC, and 3 for ST SRIVASTAVA candidates.

3.3 The result of the said examination was declared showing 12 successful candidates in the General category and keeping 3 vacancies unfilled pursuant to interim orders passed by this Tribunal in connected Original Applications (O.A. No.1453/2009, O.A. No.1518/2009 and O.A. No.1519/2009). The applicant’s name appeared at Serial No.13 in the merit list under the General category. He contends that, but for the interim orders, he would have been promoted against one of the three kept-vacant posts.

3.4 The applicant came to know that certain candidates who had appeared in an earlier examination of 1999, but were unsuccessful, had approached this Tribunal through the aforesaid O.As. and obtained interim orders directing the respondents to keep posts vacant. According to the applicant, such candidates had neither qualified in the 1999 exam against notified vacancies nor participated in the 2009 exam and hence had no legal claim. Despite this, their O.As. led to three posts being kept unfilled in 2009.

3.5 The applicant has made s