CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated, the 18^th day of February, Two Thousand Twenty Six CORAM :

HON’BLE MR.M.SWAMINATHAN, MEMBER (J)

&

HON’BLE MR.M.L.SRIVASTAVA, MEMBER (A)

M.Anbalagan, Retd. Travelling Ticket Inspector, Salem Division, Southern Railway … Applicant By Advocate M/s Ratio Legis Vs.

1. The Union of India, Rep by the General Manager Southern Railway, Park Town, Chennai 600 003.

2.The Sr. Divisional Personnel Officer, Madurai Division, Southern Railway, Madurai … Respondents.

By Advocate .. Mr.D.Hariprasad

ORDER

(Pronounced by Hon'ble Mr.M.L.SRIVASTAVA, Member(A))

The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“ To call for the records related to the letter No.SA/P.535/III/TE/Promotion dated 23.02.0215 and No.SA/P.535/III/Promotion/TC dated 18.03.2015 passed by the 2^nd respondent regarding promotion and to quash the impugned order dated 01.04.2016 and further direct the 2^nd respondent to do the necessary to reckon with the promotion already ordered and to upgrade the applicant to the post of Chief Ticket Inspector with a pay band of Rs.9300-34800 with grade pay of Rs.4600/- and further to direct the 2^nd respondent to give consequential arrears and fitment and retirement benefits and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice.”

2. The brief facts of this case as stated by the applicant are as follows:

2.1 The applicant joined the Southern Railway in the year 1984 and while working as Travelling Ticket Inspector in the pay band of Rs.9300- 34800 with GP Rs.4200/- he retired from service on superannuation on 28.02.2015. The grievance of the applicant is that consequent to the cadre restructuring in the category of Ticket Checking Staff when steps were taken to make promotions to the Chief Ticketing Inspector in pay band of Rs.9300-34800 with GP Rs.4600/-, even though the applicant was shown as one of the candidates suitable for promotion to the said post, vide letter dated 23.02.2015, in the promotion order dated 18.03.2015, the name of the applicant has been discarded and his junior has been granted the said promotion. The applicant made a representation dated 15.04.2015 and as per the orders of this Tribunal in OA 318/2016 dated 22.02.2016, the same was disposed of by the respondents vide order dated 01.04.2016 rejecting his request on the ground that he was not in service as on the date of promotion. Being aggrieved the applicant has filed the present OA seeking the aforesaid relief.

2.2 The applicant, in support of his contentions has placed reliance upon the judgment of the Hon. Apex Court in Maj Gen HM Singh, VSM v. Union of India and anr. [Civil Appeal No.192/2014 (arising of SLP (c)

No.2008 of 2010)].

3. After notice, the respondents have entered appearance through their counsel and filed their reply statement refuting all the averments made in the OA except those which are admitted on facts and also reiterating the statements made by them in the impugned order.

3.1 The respondents submitted that even though the applicant's name was there in the list dated 23.02.2015 of employees found suitable for the post of Chief Ticket Inspector, when the promotion order was issued on 18.03.2015, the applicant already retired on superannuation on 28.02.2015 itself. Further, out of 24 vacancies assessed for filing up of the post of Chief Ticket Inspector, 7 future vacancies which accrue due to retirment of employees up to the period 30.06.2015. The employees in the select list can be promoted only on accrual of vacancies duly maintaining the select list position. Hence they prayed for dismissal of the OA.

3.2 The respondents, in support of their contentions relied upon the following judgments:

(i) Judgment of the Hon. Apex Court in Dwarka Prasad vs. Union of India [2004 (1) AISLJ 383] and in the case of Ramchandra Shankar Deodhar Vs. State of Maharashtra (AIR 1974 SC 259) and in t