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Reserved on 06.05.2026 Central Administrative Tribunal, Allahabad Bench, Allahabad th This the 15 of May, 2026 Hon’ble Mr. Justice Om Prakash VII, Member (J)
Hon’ble Mr. Mohan Pyare, Member (A)
Original Application No. 891 of 2022
11. Vijay Kumar, aged about 45 years, S/o Sri Kripa Shankar, R/o Village - Pyagipur, Post Chaka Saidabad, District - Prayagraj-
221508.
22. Dhanpal Meena, S/o Sri Ramrarayan Meena R/o Village -Bhajera, Post-Chandpura Rajgarh, District - Alwar (Raj)-301414.
33. Jitendra Kumar Suman, R/o Bihari Lal Ram, R/o Village and Post Kharhatar, Police Station Simri, District Buxar (Bihar)-0802120.
44. Awadhesh Singh Yadav, S/o Haridwar Singh Yadav, R/o Village Todarpur, Post - Gumma, District - Ghazipur (U.P.)-233305.
55. Praveen Kumar, S/o Raj Kumar, R/o Mohalla Chajjapur, Post -
Tanda, District Ambedkar Nagar, U.P.-224190.
66. Pramod Kumar, S/o Banke Lal, R/o Village Salempur, Post Saraimohiuddinpur, Tehsil Shahganj, District Jaunpur U.P. 223103.
77. Anil Kumar Maurya, S/o Ram Murat Maurya, R/o 11/2016 L.I.
Avas Vikas Colony, Yojana-03, Jhunsi, Allahabad-211019.
88. Jitendra Kumar Singh, S/o Kamata Prasad Singh, R/o Village Dighiya, Post Ramapur Hathiwar, District - Varanasi-221204.
99. Uma Shankar Namdev, S/o Daya Ram Namdev, R/o Village and Post - Orchha, Tikamgarh-472246.
1010. Mahendra Kumar, S/o Palakdhari, R/o Village - Betauwa Urf Chanau, Post - Baghara, District - Gorakhpur. U.P.-273401.
1111. Veerendra Kumar Rai, S/o Ramadhar Rai, R/o Village Khadwal, Post - Mahana, District - Ghazipur-232333.
1212. Virendra Kumar, S/o Shyam Lal, R/o House No.8, Jiwanpura, Nagra, District Jhansi-284003.
1313. Pradip Kumar Pankaj, S/o Ram Charitar Ram, R/o Village -
Rupaich, Post - Usiri, District Arwal, Bihar-804428.
1414. Kamlesh Kumar Mahawar, S/o Ram Prasad Mahawar, R/o Village and Post - Gangdawadi, District - Dausa, Rajasthan-303502.
1515. Ram Pravesh Das, S/o Devnandan Das, R/o Village - Charkawan, Jahirganj, Post – Rafiganj, District - Aurangabad-Bihar-824125.
1616. Rajesh Kumar, S/o Madan Mahto, R/o Village Saidpur, Post Darbeshpurabind, Nalanda, Bihar-803213.
1717. Amrendra Kumar, S/o Nunnu Prasad, R/o Village Narayanpur, Post Makhdumapur, District Jahanabad - Bihar-804422.
1818. Mukesh Kumar (P. Handicap), S/o Ganauri Sharma, R/o Village Chaurai, Post Ekanagar, Sarai, District Nalanda, Bihar-801301.
1919. Ramesh Singh, S/o Santoshi Prasad, R/o Village - Harsos, Post -
Harsos, District - Varanasi U.P.-221302.
2020. Jayram Kumar, S/o Yamuna Prasad, R/o Village Basraj Bigha, Post Tehta, District Jahanabad - Bihar-804427.
2121. Pawan Kumar, S/o Antram, R/o Village Gazalpur, Post -
Babugarh, District Ghaziabad-245201.
2222. Vinod Kumar (P. Handicap), S/o Gopal Singh, R/o Village -
Nagla Bhumma, Post - Jagner, District - Agra-283115.
2323. Roop Ram, S/o Hulasi Ram, R/o Near Dr. Ali Akhtar, Town and Post - Pakwara, District - Moradabad U.P.-244102.
2424. Shivnandan Kumar, S/o Gore Lal Mahto, R/o Village Manserpur, Post Paharpur, District Begusarai, Bihar-851211.
2525. Pancham Kumar Verma (Handicap), S/o Ramhit Saw, R/o Village - Bamhanidih, Post - Lari, Police Station Ramgarh Cant., Ramgarh, Jharkhand-825101.
2626. Om Prakash Meena, S/o Lallu Ram Meena, R/o Village Shekhpur, Post Divli, Tehsil Laxmangarh, District - Alwar, Rajasthan-321633.
2727. Pawan Kewat, S/o Bheem Kewat, R/o Village Kadarbad Via Bachhwara, District Begusarai, Bihar-851111.
2828. Latoor Ram Meena, S/o Chhaju Ram Meena, R/o Village Pamadi, Post Unbadagav, District Dausa, Rajasthan-303313.
2929. Umesh Singh, S/o Ram Achhaibar Singh, R/o Village Mahmudabad Urf Mogalpura, Post Anaulla, Thana Pipraich, Gorakhpur-273152.
3030. Brijesh Yadav, S/o Gobardhan Yadav, R/o Village Rampur Bakhriya, Post Khurahat, District - Mau-276403.
3131. Vinay Kumar, S/o Ganesh Yadav, R/o Village and Post Tulsi Tola Paharpur Via Lakhminia, District - Begusarai - Bihar-851311.
3232. Nand Lal Paswan, S/o Akkal Paswan, R/o Village Mahpur, Post Shishua, District Munger, Bihar-813321.
3333. Unkar Sharma, S/o Ram Chandra Mistri, R/o Village and Post -
Kerap, District - Aurangabad Bihar-824125.
3434. Bhupendra Kumar, S/o Rajendra Prasad, R/o Village - Toibigha, Post - Keuti, Police Station Barbigha, District- Shekhpura - Bihar-
811101.
3535. Manoj Kumar, S/o Battan Prasad Singh, R/o Village Chaidha, Post Babu Bagicha, District - Khagaria-851214.
……….. APPLICANTS By Advocate: Ms. Nisha Tiwari, Shri R K Dixit and Shri Shiv Mangal Prajapati Versus
1. Union of India, through the Secretary/ Railway Board, Ministry of RITU RAJ Railway, Baroda House, Rail Bhawan, New Delhi.
2. Chairman, Railway Board & Chief Executive Officer (CEO) Rail Bhawan, Raisina Road, New Delhi – 110001.
3. Director Estt. (N) Railway Board, Rail Bhawan, Raisina Road, New Delhi – 110001.
4. General Manager, North Eastern Railway, Gorakhpur.
5. The Chairman, Railway Recruitment Cell, North Eastern Railway C.C.M., Annexe Building Rly Road No. 14, Gorakhpur – 273012.
East Central Railway (D.D.U)
.………RESPONDENTS By Advocate: Ms. Rachna Dubey
ORDER
(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)
1.Ms. Nisha Tiwari, learned counsel for the applicants and Ms.Rachna Dubey learned counsel for the respondents, were present at the time of hearing.
2. The present original application has been filed seeking following reliefs:
“(i) To issue an order or direction in the suitable nature directing the respondents / Railway Recruitment Cell, Gorakhpur to published the replacement panel as per direction of RBE 30/2022 dated 15.3.2022 as the panel still in operation as the waiting candidates are not been adjusted against the unfilled vacancies, with all consequential benefits.
(ii) To issue any order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.
(iii) To award the cost of the application in favour of the applicants.”
3. The instant original application has been filed by the applicants with a prayer to direct the respondents / Railway Recruitment Cell, Gorakhpur to publish the replacement panel as per direction of RBE No 30/2022 dated 15.03.2022 as the applicants claim that the panel is still in operation as the waiting candidates have not been adjusted against the unfilled vacancies.
The brief facts of the case are that vide Advertisement No.NER/RRC/D/2007/1 dated 06/12/2007, applications were invited for appointment on Group D Posts in North Eastern Railways to which the applicants applied. The applicants appeared in the physical eligibility test followed by the written examination and subsequent stage of medical examination and document verification. The applicants have contended that despite successfully clearing all the stages of the examination, they have not been issued offer of appointment and instead allege that by way of the illegal order dated 10.04.2013 the respondents had published the result but not on all the posts and the respondents recorded in that letter that the remaining 593 posts are available and candidates were given assurance that selection will be made from 20% extra candidates, however the same was not done. Several illegalities and irregularities are alleged to have been committed at the end of the respondents as the applicants have contended that the respondents have changed the terms and conditions of the advertisement midway through the selection process which is not permissible according to law. Allegation has also been made that the entire selection process has been arbitrarily carried out and furthermore the respondents have reduced the number of vacancies midway through the selection process which has inflicted irreparable loss and injury to several candidates and the same is also not permissible according to law. The applicants have also contended that upon non-issuance of the results, the applicants have approached the competent authority of the respondents and got assurance of their selection but no selection has been made.
The applicants have contended that although the matter relates to the notification of the year 2007, yet in view of the fresh Circular No. 30 of 2022 dated 15.03.2022, they are liable to be appointed against the vacancies published in view of the advertisement dated 06.12.2007.
Respondents have filed counter against the OA wherein it has been stated that several posts of Group “D” category were notified vide Advertisement No. NER/RRC/D/2007/1 dated 06/12/2007 in the North Eastern Railway and all the stages of the selection process viz., the physical eligibility test, written test, medical test and document verification have been conducted and carried out in accordance with extant rules and statutory provisions governing the subject matter. The applicants had successfully cleared the various stages of the examination / selection process but owing to the fact that their merit was lower than the merit of the last selected candidate which was mentioned in the select list issued by the respondents, the applicants were not granted appointment. There is no error in
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