Central Administrative Tribunal Mumbai Bench, Mumbai Original Application No. 50/2017 Order reserved on: 16.07.2025 Order pronounced on: 04.12.2025 Coram :

Hon’ble Mr. Shri Krishna, Member (A)

Hon’ble Mr. Umesh Gajankush, Member (J)

SHANKAR SIDDAPPA HOSOOR son of Siddappa Parappa Hosoor, age: 32 years (Date of Birth 20.10.1984), and residing at: Room No.3, Santosh Nagar, Daulat Nagar, Borivali (East), Mumbai 400066, State Maharashtra, Pin Code 400066.

....Applicant (By Adv: Shri R.G. Walia)

Versus

1. Union of India, Through: General Manager, Central Railway, Headquarters Office, C.S.T.

Mumbai 400001.

2. Chief Personnel Officer, Central Railway, Headquarters Office, CST, Mumbai 400001.

3. Railway Recruitment Cell, Through: Personnel Officer, Central Railway, Chief Project Manager (Conv)'s Office Bldg., Goods Shed,Wadibunder, P.D'Mello Road, Mumbai 400010.

... Respondents

(By Adv: Shri Rishi Ashok i/b Shri B.K. Ashok)

ORDER

Per : Umesh Gajankush, Member (J)

The present Original Application has been filed by the applicant seeking therein the following reliefs:

A) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the passing of the impugned order i.e. Provisional Panel 8 dated 5.7.2016 (i.e. annx. "A1" hereto) and after going through its proprietary, legality and constitutional validity be pleased to quash and set aside the same only to the extent it denies appointment to the Applicant.

B) This Hon'ble Tribunal will be pleased to order and direct the Respondents to appoint the Applicant immediately in the Railways on appropriate post as notified in the Employment Notice No.1/2007 from the date a candidate having lesser merit /marks was appointed and accordingly grant consequential benefits i.e. pay fixation, Seniority, arrears of salary etc.

C) Any other and further orders as this Hon'ble Tribunal deem fit, proper and necessary in the facts and circumstances of the case.

D) Costs of this Original Application is provided for;

2. The brief facts as stated by the applicant are that respondent No. 3, i.e. Railway Recruitment Cell, issued notification No. 1/2007 with a closing date of 02.07.2007.

By the said notification, applications were invited from

individual candidates for filling out 6413 post in group-D category of Gangman/Trackman, Khalasi, Platform Porter, Parcel Porter and Safaiwala. The applicant accordingly applied against the said employment notice as he was eligible and fit for the same.

3. The recruitment was to be done in all five Divisions of Central Railway. In para 09 of the notification, procedure of selection consists of the written examination. It was further stated that candidates to limited extent, in order to merit, out of those who obtain the prescribed minimum passing marks will be called for medical examination of relevant standard. Paragraph 9.4 further provides that appointments of candidates there being found after the antecedent verification and medical fitness as per the rules.

4. In pursuance of the aforesaid notification, as the applicant was holding the requisite eligibility condition, it was issued a letter for Physical Efficiency Test. The examination of candidates was conducted during the period from 01.01.2011 till the end of March 2011. The applicant was found fit in the same and he was issued an attendance

slip for the written examination. The written examination

was conducted on 16.10.2011. The result of the written test was declared in employment news dated 12/18.11.2011. On being declared successful in the written test, the applicant was issued attendance slip for document verification which was conducted from 19.11.2011 to 25.12.2012.

5. During document verification, the respondents verified the genuineness of photocopies submitted along with the application. Only such candidates who cleared the document verification were immediately issued memo to undergo medical examination. The applicant was also issued a medical memo for the medical examination. During the document ver