The selection process for promotions in Indian Railways must strictly follow the prescribed sequence—seniority quota first, followed by the LDCE merit quota—and any deviation, including obtaining post-selection unwillingness, vitiates the entire process as it violates established guidelines and the principle of balancing seniority with merit.

ORAL ORDER

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

The applicant filed the OA seeking the following relief:

“In view of the facts stated above, the applicant humbly prays that this Hon'ble Tribunal may be pleased to call for the records pertaining to Memorandums dated 27.06.2024 and 28.06.2024 as well as Memorandums dated 31.07.2024 with the backdated Office Order dated 12.08.2024 and direct the respondents to replace the names of the respondents No. 8, 9 and 10 with respondents No. 5, 6 and 7 in the Memorandums dated 31.07.2024 and accordingly modify the Memorandums dated 27.06.2024 and 28.06.2024 by enlisting the name of applicant as selected against 16-2/3% quota for promotion as Junior Clerk-cum-Typist by evaluating the answer sheet deleting Q. Nos. 93 and 100 from the purview of evaluation and awarding marks for Q.Nos. 19 and 107 and grant of all consequential benefits.”

2. Facts of the case, in brief, are as follows:

(I) The applicant is presently working as General Assistant in the divisional office of Vijayawada Division of South Central Railway, which is under the administrative control of 3rd respondent. The 4th respondent is responsible to conduct selections in Vijayawada division and for issuing the Notifications and also follow the due process of finalizing the selections correctly in terms of the provisions of Indian Railway Establishment Manuel (IREM) as well as administrative instructions issued by the 1st respondent on the subject.

(II) It is submitted by the applicant that in terms of Para 189 of IREM, a quota of 33-1/3% was earmarked for filling up the lower grade posts of Commercial Clerk, Ticket Collector, Office Clerk etc., for promotion of Group 'D' staff working in the Division and the said quota has been increased to 50% vide Railway Board letter dated 10.10.2000 with a direction to fill up the vacancies against 16-2/3% with matriculate Group 'D' employees having 2 years service in the concerned seniority unit making the said enhanced quota as competitive and on the basis of merit. The 1st respondent issued an Advance correction slip No. 154 to IREM, inter alia, stipulating to fill up the posts in various categories in the pay scale of Rs.3050-4590 (presently Level 2 in VII CPC with GP Rs.1900) against the quotas specified therein. It is envisaged at Para V of the said correction slip that the posts in the category of Office Clerks will be filled 50% by direct recruitment, 33-1/3% by promotion and 16-2/3% by promotion on merit.

(III) It is stated by the applicant that the 4th respondent earlier issued two Notifications for formation of panel for filling up of posts in the cadre of Junior Clerk-cum-Typist against 33-1/3% quota and 16-2/3% quota on 18.05.2023 and 19.06.2023 respectively. In the same sequence selection was finalized ensuring that the seniors are promoted at the first instance against 33-1/3% and next seniors/juniors are promoted against 16-2/3%. Thereafter, the 4th respondent issued a Notification on 21.11.2023 for forming a panel of Junior Clerk-cum-Typist against 16-2/3% quota followed by Notification dated 22.11.2023 to conduct a selection against 33-1/3% quota. However, after conducting the written examination pertaining to the 33-1/3% initially and conducting the written examination for 16-2/3% quota subsequently in the correct sequence, due to certain irregularities pointed out in the selection pertaining to 33-1/3% quota, the selection against 33-1/3% quota was cancelled vide proceedings dated 21.03.2024 and written examination was conducted again on 13.04.2024. In the interregnum, written examination scheduled to be held against 16-2/3% Merit