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CENTRAL ADMINISTRATIVE TRIBUNAL
Narendra Kumar Johari, Judicial Member, Kumar Rajesh Chandra, Administrative Member
Anitesh Kumar – Appellant
Versus
Union of India – Respondent
OA/051/00693/2024
For the Appellants/Petitioners: Rishikesh Giri, Rishav Kumar
For the Respondents: Amit Sinha
Promotes senior to direct recruits with same entry date; employees not liable for administrative delay in promotion.
Headnote:The applicant, appointed as Porter in 2009, qualified for promotion to Ticket Examiner (TE) via departmental exam in 2018, completed training alongside direct recruits Gaya Pandit and Gopal Kumar in 2019, but joined belatedly due to respondents' delay. Court finds discrimination as comparators received Level VI promotion from 16.04.2023 per merger cadre rules under RBE 28/2018 and clarifications in RBE 59/2019, mandating separate seniority for pre-22.02.2018 appointees. Primary determinations: promotes senior to direct recruits when entry dates align; delay attributable to administration not to employee. Issues framed as discriminatory denial of promotion/seniority despite identical circumstances and training. Ratio: Per IREM para 302 and RBE 59/2019 para 8, pre-2018 promotees maintain separate cadre seniority, not merged; applicants not liable for administrative laches in relieving/joining (paras 17-24 of OA 266/2024 relied upon). OA allowed for prayers (i) and (ii); implement within two months.
| Table of Content |
|---|
| 1. applicant's selection, training, delayed joining due to admin laches. (Para 2) |
| 2. respondents defend seniority, merger per rbes; applicant rejoins. (Para 3 , 4) |
| 3. reliance on prior oa 266/2024 for identical promotee seniority. (Para 5 , 6 , 7) |
| 4. prayer (i)(ii) allowed; implement within two months. (Para 8 , 9) |
ORDER
Per Kumar Rajesh Chandra, A.M.:-
This OA has been filed by the applicant seeking the following relief:-
“(i) For a direction upon the respondent to promote the applicant to the post of TTI and fix the salary of the applicant at Level VI from the appropriate date3 or at least from the date, the similarly circumstanced persons namely, Gaya Pandit and Gopal Kumar have been extended the benefits of promotion and salary.
(ii) For further direction upon the respondents to segregate this applicant from the merger of three categories of posts in the Commercial Department over Indian Railways-viz. Ticket Checking (TC), Commercial Clerk (CC) and Enquiry- cum-Reservation Clerk (ECRC), as has been done in the case of Gaya Pandit and Gopal Kumar.
(iii) For further prayer to quash and set aside the transfer order passed by the Respondents vide Office order no. 1721/08/COMM /STATION TRANSFER/2024 dated 07.08.2024 upto the extent by which the trade of the applicant has been changed in the garb of transfer.
(iv) Any other order/s, direction/s as your Lordship may deem fit and proper in the facts and circumstances of this case and in the interest of justice.”
2. The brief facts of case, as per the applicant, are as follows:-
(i) The applicant was appointed as Porter in the year 2009, after following the due procedure of appointment and he was posted in Dhanbad Division and till date he is discharging his duty under Dhanbad Division. According to the applicant, he has discharged his duty to the utmost satisfaction of the respondents and his service record has been unblemished till date. An advertisement was issued on 10.11.2015 (Annexure A/1) for selection of T.E through Departmental Examination in 2015 but on one ground or the other the said exam was postponed on many counts which will be evident from perusal of the admit card. He has submitted that in one of the occasions, the applicant and other candidates reached up to the examination Centre and thereafter they came to know that the examination had been postponed. So, it can easily be said that due to laches on the part of respondents, examinations could not be held in time.
(ii) It is further submitted that ultimately the aforesaid examination was conducted /held on 24.11.2018 and the applicant was found successful which is evident from the result published on 10.12.2018 (Annexure-A/2).
(iii) A panel of 53 selected candidates was prepared for the post of Ticket Examiner (T.E.) in the pay band of Rs. 5200-20,200/- with Grade Pay of Rs. 2000/- (Level-III) against 33.3 % of the promotional quota.
(iv) It is alleged by the applicant that though the result was published on 10.12.2018 he was not given joining on the post due to lethargy and lackadaisical approach of the respondents. However, vide letter dated 26.03.2019 (Annexure-A/3) the applicant along with other successful candidates were intimated that promotional post training of a Ticket Examiner is scheduled to be held from 15.04.2019-15.05.2019.
(v) In the meanwhile, RRB also conducted an examination for direct recruitment of T.E. in which Gaya Pandit and Gopal Kumar were also successful along with many others. The applicant along with Gaya Pandit and Gopal Kumar was sent for training on the same date and vide letter dated 28.05.2019 (Annexure-A/4) they passed the training successfully. Thereafter, the applicant was appointed and posted as Ticket Examiner Level-III at Dhanbad Station vide order dated 12.06.2019 (Annexure-A/5).
(vi) The applicant has further alleged that though the said Gaya Pandit and Gopal Kumar were appointed as TE on 16.04.2019 but the applicant who got training along with them was given joining belate
