This Original Application having been heard on 17.08.2026, the Tribunal on 02.09.2026 delivered the following:

O R D E R

Per: Justice Sunil Thomas, Judicial Member

– The sole applicant who is presently a Clerk at Diesel Shed, Ernakulam in Trivandrum Division of Southern Railway challenges Annexure A5 order issued by the 2nd respondent on an allegation that it nullifies the out of turn promotion granted to the applicant by Annexures A1 and A2 and the alleged delay on the part of the respondents in promoting the applicant as Senior Clerk.

2. The basic facts as revealed from the pleadings is as follows:

The applicant was initially appointed as a Junior Clerk in Mysore Division of South Western Railway. Considering her achievements in the 48th, 49th and 50th National Open Athletics Championships held during the period 2008 to 2010, applicant was granted out of turn promotion with retrospective effect from 23.5.2013 by Annexure A1 communication dated 16.11.2016. It was issued by virtue of RBE No. 60 of 2016. It was further stated that though such a decision was taken by the competent authority, formal orders of promotion were not issued.

3. While so, the applicant was granted an inter-Railway transfer on compassionate ground to the Trivandrum Division on loss of seniority. She joined the Trivandrum Division in the year 2017 as Junior Clerk. After joining the Trivandrum Division, she requested for out of turn promotion as Senior Clerk. Accordingly, Annexure A2 order was issued dated 20.1.2023.

4. Apprehending that the above out of turn promotion order with effect from 23.5.2013, may affect the seniority and promotion of her seniors, they approached this Tribunal by filing OA No. 135 of 2023. An interim stay of Annexure A2 was granted in that OA. Pending the OA, by interim order dated 19.9.2023, a copy of which was produced as Annexure A4, holding that since the issue of inter se seniority between the applicant herein and the applicants in OA No. 135 of 2023 arose, both sides were directed to submit their statements regarding their seniority before the 2nd respondent and he was directed to take an appropriate decision on merits on the rival contentions raised by both sides. Pursuant to it, applicant submitted her representation claiming seniority to the post of Senior Clerk with effect from 23.5.2013. However, the authority, by Annexure A5 order determined the issue. This was placed before the Tribunal, which disposed of the OA by Annexure A6 order dated 2.2.2024 reserving the right of the applicant to challenge the same, in appropriate proceedings.

5. According to the applicant even after disposal of the said OA, promotion was not granted to the applicant with effect from 23.5.2013. Accordingly, he submitted Annexures A6 and A7 representations. Since no action was taken thereon, the applicant has approached this Tribunal.

The reliefs sought in the OA are as under:

“I) Call for the records leading to the issuance of Annexure A5 quash the same.

II) Declare that the applicant is entitled to be promoted as Senior Clerk w.e.f. 2.2.2024 with all consequential benefits including seniority on the basis of Annexure A2 promotion order and to direct the respondents accordingly.”

6. A reply statement was filed by the respondents wherein it was stated that out of turn promotion to the applicant was granted effective from 23.5.2013 on proforma basis to the post of Senior Clerk in pay matrix level-5 as per the provisions contained in RBE No. 60 of 2016 produced as Annexure R1(A). In the meanwhile, the applicants in OA No. 135 of 2023 got an interim stay of Annexure A2 and hence, no further action was taken thereon. Based on the direction of this Tribunal, in that OA, Annexure A5 order was passed. Taking note of the fact that Annexure A5 order has been issued and recording the submission of the applicant that she has no objection in disposing of OA No. 135 of 2023, leaving open the liberty to challenge