Reserved category candidate topping merit without relaxations must be placed against unreserved vacancy, not reserved quota, per DoP&T and Railway Board guidelines.

O R D E R

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. Being aggrieved by the order No.E(G)1024/8/2 (AME/AWM) (CPGRAM) dated 13.04.2022, No.E(G)1024/8/2 (AME/AWM) (CPGRAM) dated 07.04.2022, No.E(G)1024/8/2 (AME/AWM) (CPGRAM) dated 29.10.2021, No.E(G)1024/8/2 (AME/AWM) (CPGRAM) dated 13.10.2021 and No.E(G)1024/8/2 (AME/AWM) (LDCE-2020) dated 12.04.2021 whereby the applicant was not considered for the promotion and panel of AME Mechanical Department, the applicant has filed the present OA under Section 19 of the Administrative Tribunal Act, 1985 seeking following relief:-

“8.1 Lord ships be pleased to admit this petition. And be pleased to issue order quash and setting aside the following order:

(i) Order no. E(G)1024/8/2 (AME/AWM) (CPGRAM) Date 13.04.2022 Passed by General Manager (A/1),

(ii) Order no. E(G)1024/8/2 (AME/AWM) (CPGRAM) Date 07.04.2022 Passed by General Manager (A/2),

(iii) Order no. E(G)1024/8/2 (AME/AWM) (CPGRAM) Date 29.10.2021 Passed by General Manager (A/3)

(iv) Order no. E(G)1024/8/2 (AME/AWM) (CPGRAM) Date 13.10.2021, Passed by General Manager (A/4), and (v) E(G)1024/8/2 (AME/AWM) (LDCE-2020) Dated 12.04.2021 Passed by General Manager (E), as Annexure A/5.

8.2 And be pleased to direct the respondent to reissue the panel by promoted the respondent no. on own merit and treated as UR and consider the applicant as ST candidates (reserve seat) in the panel as per the RBE no. 91/2018 with all consequential benefit.

8.3 That the Hon'ble Tribunal may be kindly pleased to call for the entire record of the applicant in possession of the respondent for its kind perusal.

8.4 Any other relief which the Hon'ble Tribunal deems fit.”

8.5 That the Hon'ble Tribunal in the facts and circumstances of the present case may further be pleased to grant cost of the application to the applicant.

2. Brief facts of the case of the applicant are as follows:-

2.1 The applicant was working as a Loco Pilot (Passenger) at Bhavnagar Terminus, Bhavnagar Para. He had applied for the post of AME/AWM in response to the notification issued vide order No.E(G) 1024/8/2 (AME/AWM) (LDCE-2020) dated 17.08.2020 for the post of AME/AWM (LDCE-30%) Mechanical Department for 02 vacancies. The applicant submitted that pre-qualifying examination was scheduled on 09.01.2021; main written exam held on 27.02.2021 and viva voce on 30.03.2021. After completion of the examination, other pre-requisite test/examination, the respondent issued the selection order bearing No.E(G)1024/8/2 (AME/AWM) (LDCE-2020) dated 12.04.2021 wherein two candidates were selected viz., Shri Dharammveer C.Meena against ST post and Shri Ajit Kumar against General Category. He further submitted that although Shri Dharmveer got highest marks and top in the merit list however, he was selected against ST vacancy. The applicant further submitted that after selection panel was issued, the respondent communicated the marks of pre-qualifying examination and final written test. Accordingly, Shri Dhramveer C Meena got the total Marks of 108.5; Shri Ajit Kumar got the total marks of 104 and the applicant got the total marks of 95.

2.2 Being aggrieved by the decision of the respondent, the applicant submitted representation dated 13.08.2021 (Annexure-A/8) to the respondent in addition to the grievance received through CPGRAM. In response to the representation, respondents replied vide Memo No.E(G)1024/8/2 (AME/AWM) (CPGRAM) dated 13.10.2021 and mentioned that Shri Dharmveer C Meena ST was placed on the panel of AME/AWM (LDCE) against ST point in terms of Railway Board’s letter RBE No.117/2016 which is against the statutory rules pro