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(RESERVED ON 09.12.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL

ALLAHABAD BENCH

ALLAHABAD

Pronounced on this the day 23^rd of December, 2025.

Original Aplication No.822 of 2018

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Hon’ble Ms. Manju Pandey, Member (A)

Khwaja Salman Khursheed, aged about 28 years Son of Sri Khwaja

Ziauddin R/o. 109 Yantrik Karkhana Railway Medical Colony

Gorakhpur, 273 012 (U.P.)

....Applicant

By Advocate: Shri Anil Kumar Singh

VERSUS

1. Union of India through, The General manager (Personnel) North

Eastern Railway, Gorakhpur.

2. The Divisional Rail Manager, North Eastern Railway, Lucknow.

3. Chief Personnel Officer, North Eastern Railway, Gorakhpur.

..Respondents

By Advocate:Ms. Vandana Srivastava.

O R D E R

By Hon’ble Ms. Manju Pandey, Member (A):-

Heard Shri Anil Kumar Singh learned counsel for the applicant

and Ms. Vandana Srivastava , learned counsel for the respondents.

2. This Original Application is filed under section 19 of the

Administrative Tribunal Act, 1985, seeking following reliefs:-

8(i) This Hon’ble Tribunal may graciously be pleaded to direct the

respondent authorities to appoint the applicant on the post of Sr.

Clerk in Pay Grade-2800/- considering his qualification (B.Com.,

M.B.A.) and eligibility.

(ii) To direct the respondent authorities to consider and decide to

case of applicant with reasoned and speaking order.

(iii) Any other relief, which this Hon’ble Court may deem fit and

proper in the facts and circumstances of the present case.

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(iv) Award cost of the original application in favour of the

applicant.

3. The Brief facts of the case as stated by the applicant are that the

mother of the applicant, Smt. S.B. Khwaja, passed away while serving

as Chief Matron at Railway Hospital Gorakhpur, thereafter the

applicant applied for a compassionate appointment under the Class III

(Graduate Level) category. Despite passing various medical tests and

receiving an offer for the Assistant Station Master (ASM) post, the

applicant was declared unfit due to vision issues and was later found fit

for C1 and C2 categories. The applicant was offered a Group D post as

a Helper, which was inconsistent with his qualifications (B.Com,

M.B.A.). Despite multiple requests and correspondence, including

meeting with the General Manager, the applicant was only offered a

Technician Grade III post (Fitter) in Pay Grade 1900/-, instead of the

desired position in Pay Grade 2800/-. The applicant is fully qualified for

the Sr. Clerk post (Pay Grade 2800/-) and that similar candidates have

been appointed to such posts, while his case has been ignored,

despite the ban on male candidates being lifted. The applicant seeks

justice for the unlawful denial of his rightful appointment. Hence this

Original Application.

4. On the other hand, the Respondents have filed counter affidavit

on 02.05.2019, wherein it is stated that the appointment of the

applicant was in accordance with existing guidelines and medical

standards. It is confirmed that the mother of the applicant passed away

in harness on 26.01.2014, and thereafter the father of the applicant

submitted a request for compassionate appointment on 26.03.2014.

The applicant underwent a medical examination and was found unfit in

the A2 category due to vision issues, as per the relevant medical

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standards. As a result, the applicant was not appointed as Assistant

Station Master (ASM). It is stated that the policy change regarding

clerical posts, which were to be filled by female candidates, excluded

male candidates like the applicant from such posts. Therefore, the

applicant was allotted a post with Grade Pay-1800 as per his medical

fitness (C1 and C2 category), and despite repeated re-medical

examinations, no higher category could be assigned. The General

Manager after considering the repeated representations of the

applicant, decided to offer him the post of Technician Grade-III (Fitter)

in Pay Grade 1900/-, which the applicant has accepted and joined the

induction training for. Th