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1 OA No.287/2018

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

S S R O H A N Y D G A H A M E R A DSDTb33BCCRLDF 3f4 o R o O 9 i N ANe a d g c 2 c x D a t I 9 c : = Ni e Bf a i 0 t s t 87 F8 a C R : G t U o P 00 i 6 l 0 o2 = A 6 n Ay Ncf D4 D n0 0 I , D: 4 NR 3 A s B :2F 3S I c H 1 i ,A 6 L 8 2 g 3 a = R 2 E O . , 0 E n b m R 0 F e O 3 e = E 7 4 S a5 a 6 d C t 4U . 7 j H 3 h d0 ba 5 5 E= b F e e1 f Y s d 6 1 y JN r 0 t Aa 7 1 h 7 4 O V T R u 6 0 M a 0 a F DR e t 8 A : n 4 4 h 0 7 r 9H S , A 8 7 D s o 7 2 3 S2 P O L i r H : 0 o 2 0 A fE U o 9 3 N n E A 0 R f 7 6 : Rc G D + E S t 4 9 2 I 8 h 0 A M A9 B C b H 0 9 i 5 s L BR e 2 EI 2 A Y ' N 3 N, 5 A d 4 A N 1 A 0 I P . U o 7 B S 5 1 C M ' c 6oM B . TH 0 u as 89 R B m t3, 3 a A E 6P 6 e l B C T R h F n F 3o Io t A= V , 2d n 5 E 7e e 4 b = =

2 OA No.287/2018

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.

S S R O H A N Y D G A H A M E R A DSDTb33BCCRLDF 3f4 o R o O 9 i N ANe a d g c 2 c x D a t I 9 c : = Ni e Bf a i 0 t s t 87 F8 a C R : G t U o P 00 i 6 l 0 o2 = A 6 n Ay Ncf D4 D n0 0 I , D: 4 NR 3 A s B :2F 3S I c H 1 i ,A 6 L 8 2 g 3 a = R 2 E O . , 0 E n b m R 0 F e O 3 e = E 7 4 S a5 a 6 d C t 4U . 7 j H 3 h d0 ba 5 5 E= b F e e1 f Y s d 6 1 y JN r 0 t Aa 7 1 h 7 4 O V T R u 6 0 M a 0 a F DR e t 8 A : n 4 4 h 0 7 r 9H S , A 8 7 D s o 7 2 3 S2 P O L i r H : 0 o 2 0 A fE U o 9 3 N n E A 0 R f 7 6 : Rc G D + E S t 4 9 2 I 8 h 0 A M A9 B C b H 0 9 i 5 s L BR e 2 EI 2 A Y ' N 3 N, 5 A d 4 A N 1 A 0 I P . U o 7 B S 5 1 C M ' c 6oM B . TH 0 u as 89 R B m t3, 3 a A E 6P 6 e l B C T R h F n F 3o Io t A= V , 2d n 5 E 7e e 4 b = =

3 OA No.287/2018

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