The court established that procedural irregularities in promotion processes warrant correction, emphasizing the responsibility of authorities to ensure fairness in selection.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:

“(i) This Hon’ble Tribunal may graciously be pleased to quash and set aside the impugned order dated 25.03.2019 (Annexure A-1) passed by respondent no.3.

(ii) This Hon’ble Tribunal may graciously be pleased to direct the respondents to amend the select list dated 22.08.2018 by incorporation the name of the applicant in place of Brij Pal (Serial No.32).

(iii) This Hon’ble Tribunal may graciously be pleased to direct the respondents to allow all service consequential benefits of promotion such as fixation of pay in promotion grade and arrears of pay with admissible interest.

(iv) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case, may be given in favour of the applicant.

(v) Award the costs of the original application in favour of the applicant.”

2. Brief facts of this case are that the applicant was initially appointed on 21.05.1996 on the post of Assistant Loco Pilot and was promoted as Loco Pilot (Goods) on 03.07.2009. In the year 2018, the respondents have notified general selection in TRO cadre of Jhansi division for promotion to the post of Chief Loco Inspector level-7, GP of Rs. 4600/-. Total 38 posts were notified out of which 29 posts for Unreserved category, 4 posts of SC category and 5 posts for ST category. The applicant having all the education qualifications and experience for promotion on the post of Chief Loco Inspector level-7, GP of Rs. 4600/-, applied in the aforesaid selection in SC category,took part in the aforesaid selection process and secured 55.5 marks out of 80 marks (69.34%). On 24.08.2018, the respondents issued posting orders in respect of all selected candidates. It is mentioned that against 39 posts of Chief Loco Inspector level-7, GP of Rs. 4600/-, only 36 candidates were finally posted out of which 3 were from SC category. So far as the posting of Brij Pal is concerned, it is stated that as he has been permanently transferred to Ambala Division on mutual basis and was relieved from respondents division on 19.07.2018, his posting order could not be issued. Within the currency period of panel, the applicant submitted representation on 08.11.2018 before the respondents for inclusion of his name in the final select list dated 23.08.2018 in place of Brij Pal, as he has been permanently transferred to Ambala Division and his place got vacant due to transfer and no posting order has been issued. The representation of applicant was forwarded by personnel department before the competent authority (D.P.C.) for appropriate action vide letter dated 26.11.2018. On 25.03.2019, respondent No.3 (Personnel department) issued impugned order and thereby rejected the claim of applicant for empanelment of his name in final select list dated 23.08.2018 on the ground that there is no provision / guideline available to include the name of any other candidate in the selection list in place of the candidate selected / included in the selection list under the selection process. Hence, it is not possible to include the name of Shri Rampal Arya in place of Shri Brijpal as per rules.

3. Submission of learned counsel for the applicant is that the Ministry of Railways, Railway Board has issued the Master Circular-31 on the subject of "Promotion of Non-Gazetted (Group-C) Staff to the selection post". Para 13 (Amendment to and representation against the panel) of the aforesaid Master Circular clearly provided that if any representation against the panel is rec