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O.A./1089/2015

(Reserved on 17.12.2025)

Central Administrative Tribunal, Allahabad

Original Application No.1089 of 2015

Pronounced on this the 23rd Day of December, 2025

Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Jugal Kishore Shahu s/o Shri Marihan Shahu R/O Quarter No. 645 L

Jalalipatti D.L.W. District-Varanasi.

………..Applicant

By Advocate: Shri P.C. Pandey

Versus

1. Union of India through Ministry of Railway, Railway Board, New

Delhi.

2. General Manager (Karmik) D.L.W. Maduadih Varanasi.

3. Up- Mukhya Karmik Adhikari D.L.W. Maduadih Varanasi.

4. Sahayak Karmik Adhikari, D.L.W. Maduadih Varanasi.

…Respondents

By Advocate: Shri Krishna Kumar Ojha

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:

“A. A direction may be issued to respondents concerned to

promote the applicant on the post from the date when the

junior than the applicant have been promoted with

immediate effect with all promotional consequential

benefits.

B. A direction may be issue to authority concern to decide

the application/ representation of applicant with in

stipulated period which are still pending before them.

C. Any other/relief which the Hon’ble Tribunal may deem fit

and proper under the circumstances of the case may be

Digitally

granted in favour of the applicant.

MADHU signed by

KUMARI MADHU

KUMARI

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O.A./1089/2015

D. Award the caste of the application in favour of the

applicant against the contesting respondents.”

2. Brief facts of this case as narrated in the O.A. are that a select list

dated 06.03.1992 was prepared according to seniority from the

office of General Manager Karmik of D.L.W. Varanasi for the

purpose of promotion/ transfer of the fourth class employees of

the D.L.W. for the post of khalasi in D.L.W. Varanasi and the

applicant was placed at Sl.no. 182 in the said list. One Siyaram (at

Sl. No. 185), one Rajkumar (at Sl. No. 212) and one Angad Yadav

(at Sl. No. 222) who were junior to the applicant in the select list

were transferred on 26.03.2002 but the applicant was not

transferred. Being aggrieved the applicant preferred an Original

Application No. 1412 of 2007 (Jugul Kishore Shahu Vs U.O.I.

and others) before this Tribunal which this Tribunal has disposed

of on 22.8.2008 in terms of two decisions (Ram Lal Maurya Vs

U.O.I. and others.) and (Ashiq Hussain Vs U.O.I. and others.) in

which both promotion/transfer has been given to the candidates

who were in the select list. The applicant has served the copy of

order dated 22.08.2008 upon the respondent concerned and in

pursuance of order dated 22.08.2008, the applicant was transferred

on 05.12.2008 under the 40% quota to helper grade II in the

D.L.W.

3. We have heard learned counsel appearing for the parties.

4. Submission of learned counsel for the applicant is that transfer of

the applicant was not according to seniority as the juniors of the

applicant were earlier transferred and are now senior to the

applicant. In this regard, the applicant has moved an application

before the respondents concerned on 05.02.2009 in which it has

been requested that the seniority may be provided as per the select

list prepared. After the application moved by the applicant, the

respondent concerned has issued a letter on 16.05.2009 in which it

has been mentioned that transfer of the applicant has been

according to the seniority list prepared on 06.03.1992 and the

seniority will be provided from 27.03.2002 when the junior has

Digitally

MADHU signed by been transferred. It is submitted that when seniority was not

KUMARI MADHU

KUMARI

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O.A./1089/2015

provided to the applicant as per letter dated 16.05.2009, then the

applicant again moved an application on 29.12.2009 in which it

has been stated that the transfer has not been done as per seniority

given in the select list and requested therein that applicant may be

provided the seniority as per select list. In the meantime ju