CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No.287/2018 Pronounced on : 30.03.2026 Reserved on : 18.02.2026 CORAM HON’BLE Mr. JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr. AMIT SAHAI, MEMBER (A)

Radha Kishan S/o Late Sh. Harji Ram, aged about 44 years, R/o H.No.8- H-72, Kuri Bhagtasani Housing Board, Jodhpur presently working on the post of MCM in the office of Sr. DME Diesel, Bhagat ki Kothi, North Western Railway, Jodhpur.

…..Applicants By Advocate : Mr. S.K. Malik Versus

1. Union of India through General Manager, North Western Railway, Jaipur.

2. Divisional Railway Manager, N.W. Railway, Jodhpur Division, Jodhpur.

3. Senior Divisional Personnel Officer, N.W.R. Jodhpur Division, Jodhpur.

...... Respondents By Advocate: Mr. B.L. Bishnoi ORDER Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

Being aggrieved by not getting promotion on merit in spite of finding him eligible in the examination, the applicant has preferred this OA with prayer to quash and set aside the communication 28.11.2017 (Annexure-A/1) and communication dated 23.08.2018 (Annexure-A/2), and prayed to promote him on the post of Junior Engineer (Electrician)

against unreserved post.

2. Brief facts of the case are under:-

2.1 The applicant was initially appointed on the post of Technician Grade III w.e.f. 20.12.2002 on compassionate ground. Thereafter, he was promoted to the post of Technician Grade-II and Technician Grade I and lastly on the post of MCM w.e.f. 29.08.2012. Respondents vide letter dated 04.07.2016 (Annexure-A/3) notified three posts of Junior Engineer (Electrician) for promotion against 25% promotion quota through Limited Departmental Examination. Out of 3 posts, one post was reserved for SC and 2 posts were for unreserved category.

2.2 Pursuant to the above letter, the applicant participated in the written examination. As per the result dated 09.09.2016 (Annexure-A/4) of written test held on 27.08.2016 for selection to the post of Junior Engineer/Diesel Electrician against 25% promotion quota, three persons including the applicant, were found eligible for paper screening for selection. The applicant who belongs to the ST category. The name of the applicant appears at serial No.1 in the list prepared as per seniority.

The second candidate in the list belongs to general category and third candidate Kishore Kumar belongs to SC category. However, respondents placed only two persons Ram Singh Rathore and Kishore Kumar on panel and promoted them on the post of JE/Electrician against unreserved and SC category post respectively and left one post vacant though the name of the applicant is placed at serial No.1 in result dated

09.09.2016 (Annexure-A/4.).

2.3 Being aggrieved with the above, the applicant made a representation clarifying that there is no restriction for ST category to participate in selection against unreserved post and requested to reconsider his case and promote him on the post of JE/Elect. That representation was rejected and through letter dated 28.11.2017 (Annexure-A/1) it was informed that selection of only two persons was made in view of the RBE No.117/2016. The applicant again submitted representation at (Annexure-A/9), but the respondents rejected the same vide order dated 23.08.2018 (Annexure-A/2) on the ground that RBE No.91/2018 was not yet available on 29.11.2017 and RBE No.117/2016 was available.

2.4 It is the case of the applicant that the reserved category candidate can compete for an unreserved post and in case of his selection he has to be promoted against an unreserved post. DOPT vide OM dated 15.06.2018 (Annexure-A/10) has clarified the position and same was circulated vide RBE 91/2018 dated 19.06.2018 to all concerned for strict compliance, still respondents are adamant not to grant promotion to the applicant.

Being aggrieved with the above, the applicant has preferred this OA to quash and set aside the order dated 28.11.2017 (Annexure-A/1) and 23.08.2018 (Annexure-A/2), whereby his representations w