CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH CORAM :

Hon’ble Shri Jayesh V Bhairavia, Member (J)

Hon’ble Dr. Hukum Singh Meena, Member (A)

Reserved On : 01.12.2025 Pronounced On :17.12.2025 Vinod Kumar Meena, Aged 46 years S/o. Shri Girdhar Gopal Meena Age 46 years, Adu lt, Public Prosecutor, Ahmedabad Division (W.R.)

Ahmedabad

304/B-8, India Bulls Saraspur Near Haribhai Godoni Hospital Ahmedabad (Gujarat)- 380 018……………………… Applicant (By Advocate: Mr.Vinodchandra C. Thakar)

Versus

1. Union of India Through its Secretary, Ministry of Railway

256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi 110 001.

2. Ministry of Personnel, Public Grievance & Pension (Department of Personnel and Training)

Through its Secretary, North Block, Central Secretariat, New Delhi 110 001.

3. General Manager Western Railway Churchgate. Mumbai – 400 020.

4. Divisional Railway Manager Western Railway Chamunda Bridge. Naroda Road, Ahmedabad – 380 002.……………………. Respondents (By Advocate : Ms.R.R.Patel for Respondent Nos.1, 3 & 4)

O R D E R

Per : Hon’ble Shri Jayesh V Bhairavia, Member (J)

1. The applicant has filed the present OA under Section 19 of the A.T.Act, 1985 seeking the following reliefs:

“(A) The Hon’ble Tribunal be pleased to quash and set aside the impugned order dated 12.06.2019 vide which the new prosecution department for India Railway has been created.

(B) Be pleased to direct the respondents to consider the case of the applicant and to grant promotional benefits assuming that the prosecution department has been operationalised on 12.02.2013 itself when the applicant’s Ahmedabad post was re-designated as public / Assistant Procedures with all consequential benefits and interest @ 12% per annum on the dues payable to him, as per DoPT guidelines and equivalent of Central Agencies.

(C ) Be pleased to allow this petition with costs and be pleased to quantify the costs.

(D) Be pleased to direct the respondents to operationalise the prosecution department and frame recruitment rules for the prosecution department in the time bound manner.

(E) Be pleased to direct and command the respondents authorities to create separate cadre of prosecution by constituting a prosecution department having provision of benefiting career progression in terms of the judgment and order dated 29.09.2011 passed by the Apex Court in case of Sohan Singh Sheera and Another and also judgment dated 03/07/1997 passed by the Rajasthan High Court (Jaipur Bench) as also judgment dated 18.03.2020 passed by the Gujarat High Court in Special Civil Application No.67718/

2020 expeditiously within a period of three weeks.

(F) Pending admission and final hearing the Hon’ble Tribunal be pleased to issue an appropriate order restraining the respondents from in any manner adversely affecting the conditions of service of the applicant and be further pleased to direct respondent authorities to form uniform policy for PPS at Zone to Division level within a period of three weeks.

(G) Be pleased to grant such other and further relies as may be deemed just and proper by the Hon’ble Tribunal in the facts and circumstances of the case.”

2. The brief facts of the case is as under: -

2.1 The applicant herein was appointed as Public Prosecutors at Ahmedabad Division of Western Railway in Pay Band-II (9300-34800+4600/- (GP) vide order dated 12.01.2013 (Annexure A/1 refer).

2.2 It is stated that Hon’ble High Court of Rajasthan at Jaipur in the case of Sohan Singh Seera Vs Union of India, SB Civil Writ Petition No. 465/1999 and directed the respondents “....... to constitute a separate cadre of Public Prosecutors and Assistant Public Prosecutors etc. Either on divisional basis or zonal basis by creating a separate prosecution department for them Ahmedabad and making the head of the department to be appointed for such department directly responsible to the higher authorities of the Railways for their conducting of all the prosecutions by them before teh Magistrates, Court and for free administrative and discip