CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 27th day of February, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Sri. P.Sarat Babu S/o P. Gangadhar Reddy, Gr 'C'

aged 48 years., Occ: Sr. Tech., O/o Dy. Chief Engineer, Engineering workshop, Lallaguda, S.C.Railway, Secunderabad..

.....Applicant.

(By Advocate: Mr. G Pavana Murthy)

Vs.

UOI rep by its, 1. The General Manager, South Central Railway, Secunderabad.

2. The Principle Chief Personnel Officer, 4th Floor, S.C.Railway, Rail Nilyam, Secunderabad.

3. The Deputy Chief Engineer, Engineering workshop (EWS), Lallaguda, Secunderabad.

4. The Senior Personnel Officer (gazetted) Headquarters, S.C.Railway, Secunderabad.

5. The Workshop Personnel Officer, Carriage workshop, Lallaguda, S.C.Railway, Secunderabad.

6. Sri.J.S.Maheshwar, Working as Trainee (JE) O/o Engineering workshop (EWS), Lallaguda, Secunderabad..

... Respondents (By Advocate: Mr. V Vinod Kumar, Sr. PC for CG)

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ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“ This Hon'ble Tribunal may be pleased to quash and Set-aside :-

(1) Respondent No.3 Nonspeaking order dated 29.09.2022 , (2) Respondent No.3 Proceedings 20.12.2021 And (3) Respondent No.5 Memorandum dated 31.12.2021 as these orders are Nonspeaking, biased, illegal, arbitrary, and against Rules in force but also against Principles of Natural Justice and in violation of Art 14, 16 and 21 of the Constitution of India., and direct the Respondent to empanel the applicant for the post of JE (workshop) 25% LDCE quota since the applicant has secured highest marks in the written examination and Record of service on the strength of Bangalore Bench Judgment in O.A No. 170/01843 of 2018 Dt. 27. November 2019 and as such other order/ orders as this Hon'ble tribunal deems fit and proper in the interest of principles of Natural Justice. .”

2. The brief facts of the case are that the applicant was initially appointed as substitute Khalasi against Group 'D' vacancies as Substitute Helper and posted to work at Engineering Workshop, Lallaguda on 14.03.2005. His Date of Birth is 22.9.1974. Consequent on completion of 4 months of continuous service, he has been granted temporary status on 15.07.2005. The applicant was promoted as Technician Gr-III on 01.06.2012, further promoted as Technician Gr-II on 29.01.2018. He was also promoted as Technician Gr-I on 20.02.2019 and thereafter, as Senior Technician in Level-6 on 05.04.2022. The 3rd Respondent issued notification dated 31.01.2020 for conducting selection to the post of JE against LDCE Quota. As the R3 failed to process the selection, the applicant filed O.A No.208/2021 before Hon'ble CAT/HYB and therefore, the Hon'ble Tribunal ordered the Respondent on 11.03.2021 to complete the selection within 3 months time. Thereafter, written examination was conducted and the result was published on 29.06.2021 and the applicant secured the highest marks. However, the Respondents failed to finalize the selection within the time stipulated by the Hon'ble Tribunal and therefore, on 20.09.21, C.P. No. 87/2021 Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= Page 2 of 10 DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

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was filed by the applicant for not finalizing the se