Claims for promotion or restoration of seniority must be made within a reasonable time, otherwise they are barred by limitation.

ORDER

PRAMOD KUMAR DAS, MEMBER (A):

Filtering the case establishes that while the applicant was working in one seniority Unit [S.E.Rly. Bondamunda] as Khalasi since 21.01.1989, he was transferred to another seniority Unit [Dongoaposi], in his present capacity, where he reported to duty on 25.12.1996. On 05.06.2003, seniority list of Tech.III of Bondamunda seniority unit was published wherein his name did not find place. He was repatriated back to his parent seniority Unit on 16.07.2003. Departmental examination was held for promotion to the post of Jr. Engineer but the applicant could not get the chance to appear since his name did not figure in the Seniority List of Tech.III. However, subsequently, on his repatriation and, on consideration of his representation, he was granted promotion to Tech.III w.e.f. 03/04.10.1997, i.e. the date when his immediate junior Sri H.Nag Bansi was promoted. On restructuring of cadre of JE, some of the JEs were empanelled for Sr. Section Engineer w.e.f. 01.11.2003 vide order dated 19.02.2015. According to the applicant, he was deprived of appearing at the JE Examination earlier since his name did not figure in the list of eligible employees to appear at the examination for promotion to JE (TRS and RSO) in absence of his name in the gradation list of Tech.III published 05.06.2003. It is further stated that the respondents published the names of eligible Tech.III vide letter dated 23.12.2019 to appear at the JE examination sought to be held on 02.01.2020 but even though he was promoted retrospectively to Tech.III w.e.f. 03/04.10.1997, his name also did not figure in the said list. Hence, he has filed this OA wherein his prayer is to direct the respondents to consider his case for promotion to the post of SEE w.e.f. 01.11.2013 when his juniors, i.e. Resp. Nos. 5 and 6, got promoted and to restore his seniority above his juniors in the provisional seniority list of Tech.III within a time to be fixed by this Bench.

2. In this OA, 1 to 4 are official respondents and Sri Ramesh Chandra Meena and Kumari Sangita Mishra are respondents 5 and 6 respectively. Notices were issued to all the respondents. No separate counter has been filed by Res. 5 & 6 despite several adjournments given in this OA.

3. Respondents 1 to 4 filed their counter stating inter alia that applicant joined as Khalasi on 21.11.1989 under S.E.Rly. at Bondamunda in Chakradharpur Division. In his present capacity, he was transferred to Dongoaposi Railway Station in Chakradharpur Division of S.E.Rly. where, after availing medical leave, he reported to duty on 25.12.1996. The place where he initially joined and the place to which he was transferred are two different seniority units. A selection for promotion to Tech.III was held on 16.03.1997, 21.05.1997 and 30.05.1997 and a provisional panel containing 22 names for promotion to Skilled Fitter (Tech) Gr.III against 25% vacancies of literate quota (LDCE) of Electrical Loco Shed, Bondamunda was published on 25.06.1997. The name of the applicant did not contain therein since he was serving in another seniority unit in Dongoaposi Railway Station. At his own request, on 12.07.2001 he was transferred to Rourkela against existing vacancy and, thereafter, he was transferred back to Bondamunda on administrative interest without affecting his original seniority in existing grade and capacity vide order dated 16.07.2003.

Considering his grievance, although, he was not within the same seniority group of TRS, Bondamunda, the benefit of promotion to Tech.III was extended to him w.e.f. 04.10.1997 against 20% departmental quota under next below rule, i.e. from the date his j