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2026 Supreme(Online)(CAT) 3731

CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Judicial Member, Anindo Majumdar, Administrative Member
Tanmoy Dutta – Appellant
Versus
Union of India – Respondent
O.A. 350/01314/2025



Advocates:
For the Applicant: Mr. C. Sinha
For the Respondents: Mr. S. Paul

For LDCE general selection posts, 50 marks professional ability + 30 marks service record (total 80) per IREM/Master Circular applies; earlier 85:15 RBE inapplicable; unchallenged procedure and participation bar challenge.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Railway recruitment rules - Limited Departmental Competitive Examination (LDCE) for promotional quota - Selection to general selection post through written examination and service record assessment - Marks allotment as per Master Circular 31 Para 8(viii)(a) and IREM Vol. I Para 219(j) - Professional ability (50 marks), Record of Service (30 marks), total 80 marks with qualifying 60% in professional ability and aggregate - RBE No. 102/2005 (85:15 weightage) held inapplicable as specific to other categories; subsequent Advance Correction Slips No. 183 (2006) and 209 (2009) substituting IREM procedure applicable - Notification specifying procedure not challenged, participation in process bars subsequent challenge - Marks correctly computed; candidate securing 68.02/80 not empanelled as below empanelled candidates' scores despite higher written marks. (Paras 6-12)

(B) Service law - APAR grading - Grievance against grading to be raised before deadline specified in notification (21.11.2023); post-deadline request for upgradation not entertainable. (Para 4)

Facts of the case:
Track Maintainer - IV challenged selection process for Junior Engineer (P.Way) post under 20% LDCE quota, claiming 85:15 marks weightage ignored, written marks improperly scaled from 100 to 50, APAR grading wrongly not upgraded to 'Outstanding', and lower-scoring candidate empanelled.

Findings of Court:
Procedure followed as per applicable IREM and Master Circular; no illegality in scaling written marks or assessing service record based on 3 years APARs; RBE inapplicable; OA not entertainable.

Issues: Applicability of 85:15 vs 50:30 marks weightage for LDCE selection; correctness of marks scaling and service record assessment; entitlement to APAR upgradation post-notification deadline.

Ratio Decidendi: For general selection posts under LDCE, 50:30 marks distribution per updated IREM governs over earlier RBE; unchallenged notification and participation estop challenge; merit determined by aggregate, not sole written performance.

Result: OA dismissed. No order as to costs. (Para 12)

Table of Content
1. applicant's background and selection grievances (Para 1 , 2)
2. respondents' defense of selection procedure (Para 3 , 4)
3. parties' conflicting positions on ldce criteria (Para 5 , 6)
4. rbe 102/2005 mandates 85:15 weightage (Para 7 , 8 , 9)
5. irem 219(j) supersedes with 50:30 weightage (Para 10 , 11)
6. oa dismissed; unchallenged rules apply (Para 12)

ORDER

Ms. Urmita Datta (Sen), Judicial Member:

The applicant has been filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-

“a) To set aside and quash impugned Letter No. E/E-22/JE (P.Way) /LDCE/2024 dated 27/29.08.2024 issued by the Sr. Divisional Personnel Officer, Eastern Railway, Asansol as regard the P. Respondent is concerned.

b) To set aside and quash impugned Letter No. E/E-22/JE (P.Way)/LDCE/2024 dated 26/28.11.2024 issued by the Sr. Divisional Personnel Officer, Eastern Railway, Asansol as regard the P. Respondent is concerned.

c) To set aside and quash impugned Letter No. DSC/ 5/Selection/JE (P . Way) / 20% LDCE/24 dated 31.07.2025 issued by the Sr. Divisional Personnel Officer, Eastern Railway, Asansol.

d) To direct the respondents to review the selection process for the post of JE (P. Way) under 20% Promotional Quota (LDCE) against Notification dated 19.10.2023 strictly based on merit as per the written examination for 85 marks and Record of Service for 15 marks and publish of final panel by recasting panel dated 27.08.2024.

e) To direct the respondents to revisit the grading in APAR of the applicant for the year 2022-2023 and upgrade the grading to outstanding instead of 'Very Good' and taken into consideration the said grading in the selection process under Notification dated 19.10.2023.

f) Any other order or orders as the Hon’ble Tribunal deems fit and proper."

2. As per the applicant, he was appointed on 26.10.2019 as Track Maintainer – IV (TM) through Railway Recruitment Cell, Eastern Railway vide Notification No. CEN 02/2018 and posted in the Asansol Division of Eastern Railway under immediate control of SSE/P.Way/ASN and is working in the same capacity under the overall control of the Divisional Railway Manager, Eastern Railway, Asansol. In terms of Notification No. E /E – 22 / JE (P.Way) / LDCE / 2023 dated 19.10.2023 issued by the Sr. Divisional Personnel Officer, Eastern Railway, Asansol, it was decided to form a panel of 03 vacancies (UR-2, SC-NIL, ST-1) for the post of Junior Engineer (P.Way) against 20% PR Quota (LDCE) through selection. The applicant being fully eligible as per the Notification, submitted an application and expressed his willingness to participate in the said selection process. Thereafter, vide Notification dated 14.05.2024, the respondent authorities decided to conduct a written test, which was scheduled to be held on 26.05.2024 and the applicant duly participated in the written test under UR quota. Thereafter, vide letter dated 11.06.2024, the authorities called for service record of some candidates, who had participated in the selection process, wherein his name appeared at Srl. No. 02. The applicant submits that as per the codifying mark sheet for the post of JE (P.Way) against 20% LDCE quota in Level – 06, in the Civil Engineering Department for the examination held on 26.05.2024, it is found that the applicant appears at Srl. No. 140 since he obtained 84.04 marks out of 100. On the contrary, Shri Bappa pati and Shri Vikash Kumar Jha’s name appeared at Srl. No. 176 and 292 of mark sheet upon obtaining 77.38 and 86.7 marks under the UR category. However, the applicant was surprise to find that vide letter dated 27/29.08.2024, 03 candidates were declared suitable and their names were placed in the provisional panel of JE (P.Way) against 20% promotional quota (LDCE) amongst whom the name of Shri Bappa Pati (UR) finds place at Srl. No. 02 of the said panel but he was declared unsuccessful. It is the specific claim of the applicant that though he secured higher marks than Sh

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