CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH Original Application No.1139 of 2022 This….. ^th day of _________, 2026 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER Surendra Singh Chauhan, S/o Shri Ram Singh Chauhan, Aged about 54 years, Working as Sr. Technician (TCM), Western Railway, CTO/Ratlam, R/o Katju Nagar, Ratlam M.P. PIN-457001 Mob.:

9752492623 -Applicant Advocate for the: Shri Arun Kumar Soni V e r s u s

1. Union of India, through its General Manager, Office of the General Manager, Western Railway, Head Quarters Office, M.K. Marg, Churchgate, Mumbai PIN 400020.

2. Divisional Railway Manager, Western Railway Office of DRM Do Batti Ratlam -457001.

3. Sr. Divisional Personal Officer, Office of DRM Do Batti Ratlam

457001.

4. Kanhaiya Lal R. Sr. Technician TCM Indore Service through Sr.

DPO Office of DRM Do Batti Ratlam 457001.

5. Umesh Kanik, Sr. Technician TCM Indore Service through Sr. DPO Office of DRM Do Batti Ratlam 457001.

-Respondents Advocate for the respondents: Shri N.K.Mishra for official respondents, Shri Amardeep Gupta for respondent No. 5

O R D E R

By MallikaArya, Member (A)-

By means of the instant Original Application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed for the following reliefs:-

8.2 to set-aside impugned panel for promotion dated 22/11/2022(Annexure-A/4) only to the extent of granting promotion to private respondents.

8.3 to set aside the impugned promotion/posting order dated 22/11/2022 (Annexure-A/4) so far it relates to private respondents providing illegal reservation in promotion.

8.4 to order and direct respondents to immediately promote the applicant to the post of Junior Engineer (Tele) Grade pay level -6 Rs. 4200 30% Quota with effect from 22/11/2022 with all consequential benefits of arrears of pay, pay fixation or seniority, etc.

2. The facts of the case, in brief, are that the applicant by way of present Original Application is challenging the panel dated 22/11/2022, to the extent of granting promotion to private respondents who belong to the reserved category in respect of vacancies specifically notified for general category. One post of SC category which has been duly notified is being carrying forward as vacant. He is also seeking direction to the respondents to immediately promote him on the post of Junior Engineer (Tele) Grade pay of Rs. 4200/-, level -6, in accordance with procedure along with all consequential benefits. The applicant has placed reliance on the judgments of the Hon’ble Apex Court in the case of M. Nagraj Vs. Union of India, 2006 (8) SCC 212 and Jarnail Singh Vs. Lachhmi Narain Gupta, 2018 (10) SCC 396 wherein it has been stated that reservation in promotion is not permissible. Vide notification dated 06/07/2022, six vacancies were notified, four for General category candidates, one for SC category candidate and one for ST category candidate. The result was declared on 07/10/2022. It is evident that ST candidates could not clear the exam and two SC and six general category candidates were declared pass in the exam. Vide order dated 22/11/2022 the panel was finalized and two vacancies of general category were allotted to two SC category candidates. If the SC candidates had not been adjusted against the general vacancy the applicant could have been promoted. The applicant has relied on the case of Jarnail Singh Vs. Lachhmi Narain Gupta, 2018 (10) SCC 396 which clearly states out that no reservation in promotion shall be made without carrying out the basic exercise of collection of quantifiable data. Therefore, respondents vide this impugned action have impinged on the legal and the fundamental right of the applicant enshrined under Act 14 of the Constitution of India.

3. From the records it is evident that M.A.No. 200/27/2023 was filed by the interveners for modification of the interim order dated 30.11.2022 passed by this Tribunal with a prayer for direction to the responden