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2026 Supreme(Online)(CAT) 4173
CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, J, Sanjiv Kumar, A
Ashok Kumar – Appellant
Versus
Chairman cum CEO, Railway board, Ministry of Railways – Respondent
ORIGINAL APPLICATION NOS.170/00122/2024
Important Points
Subject
Service Law - Promotion and Seniority
Act Referred
Headnote
(B) Confidential Reports - ACR Rules - Adverse remarks must be challenged within one month of communication - No expungement sought timely - Violation claims untenable after delay. (Para 18)
(C) DOP&T OM dated 03.07.1986 - Superseded officer promoted later loses seniority over juniors - No claim for batch parity after acceptance of delayed promotion with juniors. (Para 7)
Facts of the case:
Applicant, a Group ‘A’ officer, joined service in 1984 claiming prior service seniority from 1981, stagnated in senior scale till promoted to Junior Administrative Grade in 2006 (with 1994 batch) after non-selection in 11 panels (1993-2004) due to ACR performance, accepted promotion & Selection Grade in 2008, voluntarily retired in 2008. Filed OA in 2024 seeking retrospective promotions, salary, seniority till superannuation at 60.
Findings of Court:
OA dismissed as meritless & time-barred; delay condonation MA dismissed (12080 days delay unexplained); no interference with settled promotions/seniority.
Issues: Entitlement to retrospective promotion/seniority post 16 years retirement; applicability of delay/laches; validity of unchallenged non-selections & ACRs; limitation u/s 21.
Ratio Decidendi: Courts refuse relief on stale promotion claims allowing settled positions to be unsettled; promotion effective from grant date; must challenge non-promotions/ACRs expeditiously; post-retirement claims for ante-retirement benefits untenable (citing Supreme Court precedents on laches, no retrospective seniority).
Result: OA & MAs dismissed. No costs.
For the Appellants/Petitioners: Sujnaneshwari Shetty
For the Respondents: Vishnu Bhat
| Table of Content |
|---|
| 1. applicant's service history and promotion grievances. (Para 1 , 2 , 3 , 4) |
| 2. applicant's claims of delayed promotions and acr violations. (Para 5 , 6) |
| 3. respondents' defense: delay, laches, and performance-based non-promotion. (Para 7 , 8) |
| 4. undisputed facts and rejection of past service seniority. (Para 9 , 10 , 11) |
| 5. no right to retrospective promotion; delay bars claims. (Para 12 , 13 , 14) |
| 6. unchallenged non-selection and estoppel by acceptance. (Para 15 , 16) |
| 7. time-barred challenge to adverse acr remarks. (Para 17 , 18) |
| 8. penalty, transfer, and no parity with batchmates upheld. (Para 19 , 20) |
| 9. delay and laches preclude stale promotion claims. (Para 21 , 22) |
| 10. oa barred by limitation; unsettles settled seniority. (Para 23 , 24) |
| 11. oa dismissed for lack of merit and delay. (Para 25 , 26) |
ORDER
Per: Justice S.Sujatha ...........Member(J)
The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
(I) Applicant humbly pray to this Hon’ble court for granting relief to restore damages of due timely promotions salary since January, 1990, along with past service seniority from 01.01.81 upto March 2015, till actual Retirement on superannuation of 60 years of age, which is compiled in excel sheet 1 produced at page no. 69 to 70 as Annexure A-1.
(II) Applicant humbly pray to this Hon’ble court to grant relief to restore and recoup other reliefs for consequential actual damages compiled in excel sheet 2 to 8 produced at page No.71 to 85 as Annexure A-1. Other reliefs for consequential damages details are given application Para 5.
(III) For such other and further reliefs as this Hon’ble Court may deem fit to grant in the view of the offer side statement and circumstances of the case.”
2. Facts in brief as narrated by the applicant are that he after being selected in Group ‘A’ Engineering service of Union Public Service Commission (UPSC) 1979 Examination served as Assistant Director in Central Water Commission, Sewa Bhawan, R.K.Puram, New Delhi for 3 ½ years and later joined Indian Railways as Indian Railway Service of Engineers (IRSE) having got selected from UPSC 1982 examination. He held charges of various posts in Railways in different capacity till his voluntary retirement with effect from 20.08.2008, which was accepted by the competent authority.
The applicant contends that at the time of joining the Northern Railway on 18.06.1984, he submitted his request to provide due benefits of his past service with effect from 01.01.1981, but no benefits were extended with respect to the service rendered as Assistant Director in Central Water Commission, clearing UPSC examination in 1979. It is the grievance of the applicant that he was stagnated in senior scale grade from 1988 to 2006 sans granting timely promotions to Junior Administration (JA) Grade. The applicant was promoted to JA Grade on adhoc basis vide order No.37/05 dated 26.09.2005, but the same was denied by the applicant. The applicant was promoted to JA Grade vide order dated 17.02.2006 and further promoted to selection grade with effect from 01.01.2008.
3. The applicant submitted representation dated 21.08.2006 through proper channel to the Chairman, Railway Board, seeking for promotion to SAG (Senior Administration Grade) on par with his batch mates. The said representation was forwarded to the Secretary, Ministry of Railways as per the letter dated 12.09.2006 by the Deputy Chief Personnel Officer (Gaz). Subsequently letter dated 23.11.2006 was received by the applicant from the General Manager informing him that as Deputy CSO, he has not moved out on any field duties/inspections since joining Safety in August, 2006, obviously, his contribution could only be minimal. Further informing that he has not attended safety training course as nominated. Finally stating that the said note conveys General Manager’s displeasure in the hope of applicant’s self correction. Subsequently vide memor
