CENTRAL ADMINISTRATIVE TRIBUNAL
Neeraj Sharma – Appellant
Versus
Central Railway – Respondent
O.A./1026/2023
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No.060/1026/2023 Pronounced on: 16.01.2026 Reserved on: 09.01.2026 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Neeraj Sharma, S/o Sh. Santram, Aged 29 Years, R/o House No. 166, Balmiki Basti, Near Jasminder Hospital, Karala, North West Delhi, Delhi-
110081. Group C Post.
... Applicant By Advocate: Mr. Sunil K. Nehra, Sr. Advocate along with Mr.
Arjun Dosanjh Versus
1. Union of India through Secretary, Ministry of Railways, Office Address Rail Bhawan, Rafi Marg, New Delhi-110001.
2. Chief Workshop Manager, Northern Railway, Jagadhari Workshop, District Yamunanagar, Haryana.
3. Deputy Director, Establishment (Sports), Ministry of Railways, Office Address Rail Bhawan, Rafi Marg, New Delhi-110001 Digitally ... .Respondents By Advocate: Mr. A.K. Sharma through Video Conferencing
O R D E R
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(i) For regularizing the applicant as Technician Grade-III from the date of his appointment i.e. 05.08.2014 being a sportsman in view of the instructions dated 22.04.2018 (Annexure A-14), 13.06.2018 (Annexure A-15) and 26.03.2019 (Annexure A-16) or in the alternative regularizing the applicant as Technician Grade-III w.e.f. 05.08.2017 by treating the period of sparing as duty period in view of the instructions issued, along with all consequential benefits.
(ii) For setting aside the order dated 09.03.2022 (Annexure A-17) to the extent the applicant has not been regularized w.e.f.
05.08.2014/05.08.2017.
2. The facts of the case, in brief, are that the applicant was appointed as Trainee Technician Grade-III (Fitter) vide appointment order dated 04.08.2014 w.e.f. 05.08.2014 under Sports Quota in the discipline of Weightlifting (Annexure A-1). He is an International level sportsman having won medals in Asian, Commonwealth, Senior National and Inter Railway Championships both before and after appointment. After joining, the competent authorities regularly granted Digitally signed by sparing to the applicant for participating and training in various National/International sporting events and championships and such sparing orders are placed on record as Annexure A-2 to Annexure A- 12. The sparing included long spells including 330 days in some years and the period was treated as Special Casual Leave meant for sports. Initially, the applicant was posted in Mechanical Department, CRW Mancheshwar, Odisha and later he was transferred to Jagadhari Workshop, Yamunanagar vide order dated 20.11.2020 (Annexure A-
13).
3. The Ministry of Railways had issued detailed instructions dated 22.04.2008 providing that participation in National/International sporting events, travelling period and coaching camps shall be treated as duty period (Annexure A-14). Thereafter, vide communication dated 13.06.2018 issued by Chairman Railway Recruitment Cell, it was clarified that National/International sports persons are exempted from initial training though otherwise three years training is prescribed for Technician Grade-III (Annexure A-15). Subsequently, further instructions dated 26.03.2019 were issued providing that such participation period shall be treated as “On Duty” on submission of Release Proforma of the Chief Coach (Annexure A-16). The applicant was later regularized vide order dated 09.03.2022 issued by Chief Workshop Manager, Jagadhari Workshop (Annexure A-17) by counting that he completed three years training period, which according to the applicant is incorrect.
4. The applicant submitted representation dated 26.09.2022 (Annexure A-18) requesting that he is entitled to regularization w.e.f. 05.08.2014 itself or at least from 05.08.2017 by treating his sparing Digitally signed by period as duty period in terms of Railway instructions, but no decision was taken by the competent authority.
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