Versus

1. Union of India,

through the General Manager (Personnel),

North Western Railway (Headquarter),

Jawahar Circle, Jaipur 302 018.

2. The Divisional Rail Manager (Establishment),

North Western Railway, DRM Office, Mall Road,

Ajmer 305 001.

3. The Assistant Personnel Officer – I,

Office of Divisional Rail Manager,

North Western Railway, Mall Road, Ajmer 305 001.

4. Mr. Prakash Chand Meena son of Shri Ratan Lal,

Loco Pilot (Goods), at present posted at

Office of Chief Crew Controller,

Abu Road Railway Station,

Abu Road, District Sirohi 307 026.

5. Mr. Mahendra Kumar son of Shri Dayaram Chauhan,

Loco Pilot (Goods), at present posted at office of

Senior Section Officer (Loco),

Ajmer Railway Station,

Ajmer 305 001. - Respondents

(By Advocates Shri Abhishek Sharma for Shri Naresh Chand Goyal and Shri H.L.Gothwal)

Reserved on 09.04.2026

Pronounced on 05.05.2026

ORDER

Per: Ms. Ranjana Shahi, Member (J)

The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

“8(i). An appropriate order or direction to the respondents quashing the impugned communication dated 30.09.2024 (Annex-1) only to the extent of eligibility list as well as office order dated 21.10.2024 (Annexure-1A) passed by respondent No.2 & 3 to the extent of consideration of incumbents of reserved category against the vacancy of unserved category {as mentioned in para 4(vii) of OA} for the purpose of promotion in pursuance to notification dated 30.09.2024 with all consequential relief.

8(ii). An appropriate order or direction to the respondents for consideration of the applicants in the eligibility list with consequential relief of promotion to the post of Loco Pilot (Passenger) in Pay Matrix Level-06 against the vacancies of unserved category in order to their seniority and roster point in pursuance to Notification dt.309.09.2024 with all consequential relief.

8(iii). An appropriate order or direction to the respondents to quash any order, if passed, during pendency of the original application frustrating the cause of the instant application in pursuance to the Notification dated 30.09.2024 or otherwise.

8(iv). Any other appropriate order or direction to the respondents which this Hon‘ble Tribunal deems just and proper in the circumstances of the case.

8(v). Cost of the application.”

2. The brief facts of the case as stated by the applicants are that on 30.09.2024, the office of the respondent No.3 issued a notification for promotion to the post of Loco Pilot (Passenger) in Pay Matrix Level-6 on seniority-cum-eligibility basis wherein total 44 vacancies were notified, 33 vacancies for unreserved category (UR), 10 vacancies for Schedule Caste (SC) and 01 vacancy for Schedule Tribe (ST).

It is stated by the learned counsel for the applicants that alongwith the aforesaid notification, the eligibility list / reserved list was published wherein many incumbents belonging to reserved category have been considered eligible for promotion against the vacancy of unreserved on the premise of their general seniority.

The applicants further that 22 incumbents who belong to reserved category either due to their appointment in their respective reserved category or availing the benefit of reservation on previous promotions, have been considered eligible against the 33 vacancies of unreserved category, infringing the rights of the applicants as well as other incumbents of general category for consideration for promotion against the 33 vacancies of unreserved category on the premise that aforesaid incumbents are higher in seniority to the present applicants.

Applicants state that the instant promotion to the post of Loco Pilot (Passenger) is to be made purely on seniority-cum-eligibility basis according to which, each incumbent of a particular category is to be considered for promotion against the respective category roster point and not otherwise.

It was fur