CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 593/2020 Reserved on : 09.01.2026 Pronounced on : 19.01.2026 Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Sh. Houshila Prasad Upadhyay (Aged about 63 years)

S/o Sh. Ram Chandra Upadhyay Presently Residing at:

H.No. F-156, 4^th Floor, Vijay Vihar, Phase-II, Rohini, Sector 4, Delhi-110085 ….Applicant (By Advocate : Mr. T. D. Yadav)

Vs.

1. Union of India Through Secretary Railway Board, Rail Bhawan, New Delhi 2. The General Manager East Central Railway Hajipur (Vihar)

3. The Divisional Railway Manager East Central Railway Mughal Sarai (U.P.)

4. The Senior Divisional Personnel Officer East Central Railway Mughal Sarai, UP ….Respondents (By Advocate : Mr. U. Srivastava)

ORDER Hon'ble Dr. Sumeet Jerath, Member (A):

This is the second round of litigation. The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

"(a) Set aside and quash the impugned order dated

12.7.2019 (Annexure A-1)

(b) Direct the respondent to grant extension of the benefit of order dated 30.4.2004 in OA No. 2279/2003 and comply DOPT OM instructions dated 20.11.1989 in the case of applicant.

(c) to direct the respondent to grant 3% reservation for the physically handicapped (applicant) in the posts filled by promotion since 20.11.1989.

(d) to direct the respondent to revise all the pensionery benefits including pension and also grant pay and allowances arrears to the applicant.

(e) to pass any other order as may be deem fit and proper in present case.

(f) Award cost.”

2. The factual matrix of the case as per the counsel of the applicant is that initially the applicant was appointed as Clerk under handicapped category on 05.01.1983 after he met with an train accident in the year 1977 as a substitute. During his service, he earned promotions as Sr. Clerk on 16.06.1989 and as Head Clerk on 07.02.2005. While posted at Personnel Branch DRM Office, Mughal Sarai (UP), he was granted MACP on 15.03.2013 in the grade pay of Rs.4600/-. Counsel for the applicant submitted that while the applicant was in service OM dated 20.11.1989 was issued by the DoPT regarding reservation for physically handicapped employees to be granted promotion. However, on 10.07.1987 i.e., much before the DoPT’s OM, the Railway Board vide its policy decision had identified posts for employment of physically challenged persons in the Railways which are promotional posts and are quoted below :-

Thereafter, a similarly situated employee through the Railway Association had filed OA No. 2279/2003 which was allowed vide order dated 30.04.2004. However, the same was challenged by the Railways before the Hon’ble Delhi High Court which was dismissed with cost of Rs.10,000/-levied upon the respondents. The Civil Appeal No. 5265-5267/2008 filed by the Railways was also dismissed on 04.09.2014 by the Hon’ble Apex Court. Though the Railways circulated letter dated 20.11.2015 for Implementation of the order of the Hon’ble Courts however, the applicant was not promoted further. Subsequently, the applicant superannuated on 31.07.2017 without any further promotion as per the DoPT OM dated 10.06.2009. Thereafter, he preferred a representation dated 14.11.2017 seeking 3% reservation in the post filled by promotion w.e.f. 20.11.1989. The same was not answered which made the applicant to file OA No. 4606/2018. The same was disposed off prima facie vide order dated 18.12.2018. However, the respondents failed to consider the merits of the case and passed impugned order dated 15.07.2019. Aggrieved, the applicant filed the present OA.

3. The grounds on which the counsel of the applicant has based his arguments are as under :-

“1. The action of the respondents is illegal, arbitrary, unjust and discriminatory which is violative of Article 14 & 16 of the Constitution of India.

2. The respondents have not passed reasoned and speaking order as per law.

3. Without appli