Central Administrative Tribunal Principal Bench, New Delhi OA No.4419/2025 MA No.4924/2025 Order reserved on :20.11.2025 Order pronounced on :09.12.2025 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

1. Manish Aggarwal s/o Sh. Govind Saran Aggarwal,, age about 28 years, Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055. 2. Priyanka Rajpoot/Surendra Kumar, aged about 32 years. Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055.

3. Harsh Negi s/o Sh. Dan Singh Negi, aged about 28 years, Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055.

4. Tarun Rana s/o Sh. Bijender Rana, aged about 30 years, Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055.

5. Krishan s/o Sh. Ramesh Chand, aged about 33 years, Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055.

6. Ujjwal s/o Sh. Inderjeet Tulsani.

Aged about 29 years, Sr. Clerk, P/Branch, DRM'S Office, State Entry Road, New Delhi-110055. ... Applicants (By Advocate: Mr. B.C. Nagar)

Vs.

1. Union of India, Through General Manager, Northern Railways Head quarter, Baroda House, New Delhi-110001.

2. DRM, DRM office, State entry Road, New Delhi-110055.

3. Sr. DPO, DRM office, State entry Road, New Delhi-110055.

4. Smt. Swati Rawat (Sr. Clerk), DRM Office, New Delhi

5. Smt. Yamini Singh (Sr. Clerk), DRM Office, New Delhi-110055. ...Respondents (By Advocate: Mr. Ronak Karanpuria)

O R D E R

By Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

The present Original Application has been filed by the applicants, who are six in number, seeking the following relief(s) :-

“(i) To quash and set aside the impugned order passed by the respondents vide letter no.758/906/P-

III/P-8 dated 01.09.2025 & 08.09.2025.

(ii) To direct the respondent to consider the name of the applicants in eligible candidate list and permit the applicants to appear in the examination for the post of Office Superintendent Level-6 against 20% LDCE Quota (ii) Any other relief, which this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case, may also be passed.

(iii) Cost of the present case may be awarded in favor of the Applicant and against the Respondents.”

2. The claim of the applicants is that they are direct recruits and are seniors. They had applied in response to the Notification issued by the respondents for conducting Limited Departmental Competitive Examination (LDCE) for the next higher post of Office Superintendent. The applicants have not been permitted to sit in the said examination since their names do not appear in the final eligibility list whereas their juniors who are the promotee officers of the feeder cadre, have been permitted to sit.

3. Counsel for the applicants submits that the applicants ought to have been provisionally permitted to sit in the said examination since their juniors have been allowed to do so.

4. Counsel for the respondents, who appears on advance service, submits that applicants have not been permitted since they do not fulfil the eligibility condition of minimum two years approved service. He submits that this being a case of LDCE quota, the juniority/seniority clause does not come into the picture while considering the eligibility of the candidates. Since, the requirement of the Recruitment Rules is two years minimum experience/approved service and admittedly applicants do not possess the same, they cannot be allowed to sit in LDCE quota.

5. Counsel for the applicants has relied on Rule 215 of Rules Governing the Promotion of Group „C‟ staff of Railway, which states as under :-

“215. Selection Post "Selection post shall be filled by a positive act of selection made by Selection Boards, from amongst the staff eligible for selection. The positive act of selection shall consist of only written test to assess the professional ability of the candidates, for which reasonable advance notice should be sent, except in the case of selection for promotion to posts in the ca