Central Administrative Tribunal - Delhi
Usha Kapur vs N.C.E.R.T. on 12 May, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.2108/2017
Reserved on: 05.05.2026
Pronounced on: 12.05.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Smt. Usha Kapur,
Age 54 years (DOB: 15.6.1963)m
W/o Shri Jatinder Kapur,
R/o 35, New Pragatisheel Apartment,
Plot No.81, Vasundhra Enclave,
Delhi-110096
Presently working as
Assistant Programme Coordinate,
DEPFE, National Council of Educational
Research & Training,
Shri Aurbindo Marg, New Delhi-110016 - Applicant
(By Advocate: Mr. AS Singh)
Versus
1. National Council of Educational Research,
& Training (NCERT)
Shri Aurbindo Marg,
New Delhi-110016
(Through: The Director)
2. Union of India, through
Ministry of Human Resource Development,
Shastri Bhawan,
New Delhi-110001
(through: its Secretary)
3. Smt. Kiran Juneja,
Working as Under Secretary,
Under the respondent No.2
4. Shri Madan Singh Yadav,
Working as Under Secretary,
Under the Respondent No.2,
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
2
5. Shri Krishan Kumar,
Working as Section Officer,
Under the Respondent No.2,
6. Shri Sushil Kumar,
Working as Section Officer,
Under the Respondent No.2
(Respondents No.3 to 6 to be served through
Respondent no.2 herein) - Respondents
(For Respondent(s) Advocates: Mr. SM Zulfiqar Alam with Mr.
Mohit Singh)
1
LALIT
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt.
Sub Divisional Railway Hospital,
Itarasi, MP
GOSAIN
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
3
ORDER
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J):
The applicant was initially appointed as Personal Assistant under respondent no.2 through direct recruitment in March 1988 and has been serving under respondent no.1, NCERT, which is stated to be an instrumentality of respondent no.2 and bound by the instructions and guidelines issued by DOP&T. The applicant submits that upon being found suitable by the DPC, she was first promoted to the post of Assistant Programme Coordinator (APC) in the year 2003 and was posted at PSSCIVE, Bhopal, but due to inability to join at Bhopal she could not avail the promotion and was consequently debarred. Thereafter, she was again considered by the DPC held on 09.05.2006 for promotion to the post of APC and, having been found fit, was issued promotion order dated 19/22.05.2006 requiring her to convey unconditional acceptance. It is submitted that the applicant immediately submitted her acceptance and charge assumption report on 23.05.2006. However, she could formally join the promotional post only on 20.06.2006 as she was relieved from her earlier post of Personal Assistant by respondent no.2 only on 20.06.2006.
2. Counsel for the applicant submits that respondent no.1 thereafter issued the seniority list of APCs on 07.12.2007 showing the applicant's date of appointment/promotion as 20.06.2006 (A/N) instead of 22.05.2006, which according to the applicant is contrary to para 17.11 of the DOP&T O.M. dated 10.04.1989. It is argued that as per the said instructions, the effective date of promotion should be 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 4 the date on which the officer was actually promoted or the date of the DPC meeting, whichever is later, and therefore the applicant's promotion ought to have been reckoned from 22.05.2006. It is further submitted that the next promotional post from APC is that of Under Secretary/Administrative Officer, which is to be filled by promotion through selection from among Section Officers (SOs) and APCs having not less than seven years of regular service in the prescribed pay scale. The applicant submits that the respondents circulated the seniority list of SOs wherein respondents no.3 to 6 were shown with date of appointment as SOs as 25.05.2006, whereas in the seniority list of APCs the applicant's date was shown as 20.06.2006, thereby placing her below respondents no.3 to 6.
3. It is contended that respondent no.1 was required to prepare and publish a combined seniority/eligibility list of SOs and APCs before convening the DPC for promotion to the post of Under Secretary, especially when the promotions of respondents no.3 to 6 had been retrospectively regularized and ante-dated after prolonged litigation concerning their appointments as Assistants.
4. Counsel for the applicants submits that the applicant remained under the bona fide impression that respondents no.3 to 6 were not in the feeder cadre for promotion to the post of Under Secretary as their appointments and promotions were under challenge for several years. It is argued that respondent no.1 neither prepared any combined eligibility list nor correctly reflected the applicant's date of promotion while forwarding the proposal to the DPC.
1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 5
5. The applicant further narrates the background litigation concerning the selection of 11 Assistants in NCERT, which was challenged before the Tribunal in OA No.1823/2002 and initially quashed by order dated 09.12.2002. Thereafter, writ petitions were filed before the Hon'ble High Court of Delhi and the matter underwent several rounds of litigation, including a second selection process and further challenge before the Tribunal in OA No.1442/2004. Ultimately, the Hon'ble High Court by common judgment dated 20.12.2007 allowed the writ petitions and protected the services of the selected Assistants, observing that they would continue to hold the posts on which they had been selected on their own merit. Subsequently, review petitions were dismissed on 17.04.2009 and the Hon'ble High Court observed that the sealed cover promotions would be opened and given effect. Pursuant thereto, respondent no.1 issued order dated 12.07.2013 ante-dating the promotions of respondents no.3 to 6 as Section Officers from 11/12.06.2009 to 25.05.2006.
6. Counsel for the applicant submits that the applicant made several representations in the year 2016 requesting redressal of her grievance and seeking consideration for promotion to the post of Under Secretary in preference to her juniors. Despite the same, respondent no.1 convened the DPC on 09.02.2017 for promotion to the post of Under Secretary without correcting the applicant's date of promotion and without preparing a combined eligibility list of SOs and APCs. In the DPC proceedings, respondents no.3 and 4 were recommended in the select panel while respondents no.5 and 6 were kept in the reserve panel above the applicant. It is argued that had 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 6 the applicant's correct date of promotion been taken as 22.05.2006, she would have ranked senior to respondents no.3 to 6 whose date of appointment as SOs was 25.05.2006 and would have been entitled to consideration for promotion accordingly.
7. Counsel for the applicant further submits that the actions of respondent no.1 are arbitrary, discriminatory, mala fide and constitute colourable exercise of power. It is argued that despite the applicant being a female employee with spouse grounds and other valid considerations, she was initially posted outside Delhi in 2003 compelling her to forego promotion, and later though her promotion order in 2006 was ready on 19.05.2006, it was issued only on 22.05.2006 and she was relieved only on 20.06.2006. It is further alleged that respondent no.1 deliberately ante-dated the promotions of respondents no.3 to 6 and granted them further promotion to the post of Under Secretary without issuing a combined eligibility list, thereby adversely affecting the applicant's career progression and legitimate expectation of fair consideration.
8. It is submitted that the impugned actions are violative of Articles 14 and 16 of the Constitution of India, contrary to DOP&T guidelines, opposed to principles of natural justice and legitimate expectation, and unsustainable in law. Counsel argues that where promotions are to be made from more than one feeder cadre, a joint/common eligibility list is mandatory and failure to prepare the same vitiates the entire selection process. The applicant accordingly seeks intervention of the Tribunal for setting aside the impugned actions and for directing the respondents to correctly determine her 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 7 date of promotion and reconsider her case for promotion to the post of Under Secretary in accordance with law.
9. Counsel for the respondents 1 to 2 submitted that the Original Application is devoid of merit, substance and maintainability and is liable to be dismissed. It was contended that the applicant had not approached the Tribunal with clean hands and had concealed material facts. It was further submitted that the OA is barred both on facts and in law and deserves dismissal in view of the judgments passed by the Hon'ble Supreme Court and the Hon'ble High Court of Delhi.
10. It was submitted that in the year 2002, NCERT appointed 11 candidates to the post of Assistant through direct recruitment after following due procedure and merit-based selection. Subsequently, unsuccessful candidates challenged the recruitment process before the Central Administrative Tribunal, which quashed the selection process. The selected candidates thereafter approached the Hon'ble Delhi High Court. Ultimately, the Hon'ble High Court, while holding the selection process vitiated in respect of certain irregularities, protected the appointments of the 11 selected candidates on the ground that they were selected on their own merit, were not beneficiaries of any illegality, and had already served for several years. The Court directed that their appointments should not be disturbed and they would continue on the post of Assistant.
11. It was further submitted that the NCERT filed a review petition, which was dismissed by the Hon'ble High Court on 17.04.2009 with directions that the sealed cover proceedings regarding promotions of 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 8 the direct recruits be opened and appropriate effect be given. Thereafter, the applicants were considered for promotion to the post of Section Officer through DPC held on 05.06.2009 and were promoted w.e.f. 11/12.06.2009. Subsequently, representations were received from some direct recruits claiming that they ought to have been considered for promotion from the year 2005 itself after completion of three years' regular service. On examination of records, NCERT found that the names of the direct recruits had not been properly incorporated in the tentative seniority list considered by the DPC held on 05.10.2005, though they were on the rolls of NCERT at that time. Consequently, revised seniority lists were issued incorporating the names of the direct recruits in accordance with their merit positions.
12. Counsel further submitted that separate and combined seniority lists of Assistants, Section Officers and APCs were prepared from time to time and promotions were granted accordingly. The DPCs held in 2005 and 2006 earmarked certain vacancies for direct recruits strictly on the basis of merit and eligibility. It was explained that eligibility for promotion depended upon completion of the prescribed years of service and fulfillment of other conditions. A high- level committee was later constituted on 09.08.2016 to examine grievances relating to seniority of SOs/APCs, including the representation of Smt. Usha Kapoor. Based on the recommendations of the committee, seniority for promotion to the post of Under Secretary was finalized and DPC was held on 09.02.2017 for officers who had completed seven years of regular service. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 9
13. Counsel for Respondent No. 3 submitted that the post of Under Secretary in NCERT is filled by promotion from the cadres of Section Officer (SO) and Assistant Project Coordinator (APC) after completion of seven years of service. The applicant belonged to the APC cadre, whereas Respondent No. 3 belonged to the SO cadre. In the combined eligibility list considered by the DPC, Respondent No. 3 was placed at Serial No. 4 with date of promotion as SO being 25.05.2006, while the applicant was placed at Serial No. 8 with date of appointment as APC being 20.06.2006. The applicant claimed that her promotion date should be treated as 23.05.2006, but Respondent No. 3 contended that the applicant had only communicated acceptance of the offer on that date and had actually assumed charge of the APC post on 20.06.2006 after being relieved from her earlier post. It was further submitted that as per Para 17.11 of the DOP&T O.M. dated 10.04.1989, the effective date of promotion is the date on which the officer actually assumes the post or the date of DPC, whichever is later. It was also stated that the tentative seniority list issued on 23.07.2007 mentioned the applicant's promotion date as 20.06.2006 and, since no objection was raised, the final seniority list was published in December 2007. Therefore, the applicant's claim after nearly ten years was barred by limitation and without merit.
14. Counsel for the Respondent No. 3 further submitted that she was actually entitled to seniority in the SO cadre from 04.07.2005, but her case had been kept in sealed cover due to pending litigation before the Delhi High Court. After disposal of the case and review petition, the sealed cover was opened and she was granted notional promotion as SO w.e.f. 25.05.2006. It was also submitted that 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 10 NCERT regularly publishes separate seniority lists for SOs and APCs and prepares a combined eligibility list for DPC consideration on that basis. Respondent No. 3 denied all allegations of irregularity and stated that her promotion was granted in compliance with the Delhi High Court's directions and DOP&T instructions. It was lastly prayed that the Original Application be dismissed with costs as it was devoid of merit and caused unnecessary litigation and mental harassment to Respondent No. 3.
15. Counsel for Respondent No. 4 submitted that the applicant is working as Assistant Programme Coordinator (APC) in NCERT and that the posts of APC and Section Officer (SO) are feeder cadres for promotion to the post of Under Secretary/Administrative Officer. The applicant challenged the promotion of Respondent Nos. 3 and 4 to the post of Under Secretary/Administrative Officer vide orders dated 10.02.2017, pursuant to which they were posted at RIE Bhubaneswar and NERIE Umiam, Meghalaya respectively with effect from 14.02.2017.
16. It was submitted that NCERT is an autonomous body under the Ministry of Human Resource Development and follows DOP&T guidelines in matters relating to seniority and promotion. There are 14 posts of Under Secretary in NCERT, filled by promotion on merit from amongst Section Officers, APCs and Personal Secretaries having seven years' regular service in the prescribed pay scale. NCERT has 54 sanctioned posts of Section Officers and 32 posts of APCs, and no combined seniority list of both cadres has ever been maintained. The 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 11 feeder cadres for Section Officer and APC are Assistants and Personal Assistants respectively.
17. Counsel submitted that the Review DPC in which Respondent No. 4 along with Respondent No. 3 was considered for promotion from Assistant to Section Officer was held on 09.05.2006, which was also the same date on which the applicant's case for promotion from Personal Assistant to APC was considered. Respondent Nos. 3 and 4 were granted notional promotion as Section Officers with effect from 25.05.2006 from the dates their juniors were promoted. In the case of the applicant, though the DPC date was 09.05.2006, her actual promotion date was 20.06.2006, as recorded in the seniority list of APCs. It was submitted that the issue raised by the applicant had been raised several times earlier but found to be without merit.
18. Counsel relied upon DOP&T Instructions and Guidelines on Seniority issued vide O.M. dated 11.11.2010, particularly para 2.2.2, which provides for preparation of a combined eligibility list where promotions are made from more than one feeder cadre and no quota has been prescribed. It was further submitted that para 17.11 of the DOP&T O.M. dated 10.04.1989 clearly provides that the effective date of promotion shall be the date on which the officer was actually promoted or the date of DPC, whichever is later. Accordingly, the applicant's promotion date could only be treated as 20.06.2006, when she actually assumed charge of the APC post after being relieved from her earlier post as Personal Assistant. The charge report dated 23.05.2006 relied upon by the applicant was stated to be irrelevant because she continued to work in her previous post till 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 12 20.06.2006, and joining a new post without being relieved from the earlier post would be illegal and void.
19. A preliminary objection was also raised that the OA is barred by limitation under Section 21 of the Administrative Tribunals Act, 1985. It was submitted that the tentative seniority list of APCs was circulated on 23.07.2007 inviting objections, and thereafter the final seniority list was circulated on 07.12.2007. Since the applicant did not raise any objection at that time and challenged the seniority position after almost ten years, the OA was hopelessly time-barred and liable to be dismissed.
20. Counsel further submitted that the promotions granted vide memorandum dated 10.02.2017 were based on recommendations of a duly constituted DPC which considered all relevant factors including seniority of feeder cadres. It was contended that, considering there are 54 sanctioned posts of Section Officers and only 32 posts of APCs, the ratio of promotion between the cadres should appropriately be 2:1. The respondent also highlighted that Respondent No. 4 was one of the direct recruit Assistants whose appointments had earlier been challenged before the Hon'ble Delhi High Court, but the Court had protected their appointments and directed that their cases should not be adversely affected. Thereafter, pursuant to the review DPC and orders of the Hon'ble High Court, Respondent Nos. 3 to 5 were granted notional promotions based on their seniority in the Assistant cadre.
21. It was also submitted that the applicant had selectively challenged only some promotees while not impleading other similarly 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 13 situated officers who had also been promoted as Under Secretary/Administrative Officer. The respondents denied all allegations made by the applicant and contended that the actions of NCERT in relation to seniority lists and promotions were fully in accordance with DOP&T guidelines and legal provisions. It was therefore prayed that the Original Application, being devoid of merit and barred by limitation, be dismissed with costs.
22. Counsel for Respondent No. 5 submitted that the Original Application is wholly misconceived, misleading, untenable, contrary to the record and barred by limitation, and therefore liable to be dismissed with costs. It was submitted that the applicant sought reliefs for declaration that the action of the respondents in not finalizing a joint eligibility list for promotion from the posts of Section Officer (SO) and Assistant Programme Coordinator (APC) to the post of Under Secretary was illegal, and also challenged the recording of her promotion date as 20.06.2006 instead of 23.05.2006. The applicant further sought a direction for review DPC and consequential benefits.
23. Counsel submitted that the post of Under Secretary in NCERT is filled by promotion from the cadres of SO and APC after completion of seven years of regular service. The applicant belonged to the APC cadre whereas Respondent No. 5 belonged to the SO cadre. In the combined eligibility list considered by the DPC, Respondent No. 5 was shown at Serial No. 6 with date of promotion as SO being 25.05.2006, while the applicant was shown at Serial No. 8 with date of appointment as APC being 20.06.2006. It was contended that the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 14 applicant never assumed charge of the APC post on 23.05.2006 and had merely communicated acceptance of the offer on that date. She actually assumed charge on 20.06.2006 after being relieved from the post of Personal Assistant. Therefore, the effective date of promotion could only be 20.06.2006.
24. It was further submitted that Para 17.11 of the DOP&T O.M. dated 10.04.1989 clearly provides that the effective date of promotion shall be the date on which the officer actually assumes the post or the date of the DPC meeting, whichever is later. The tentative seniority list of APCs issued on 23.07.2007 reflected the applicant's promotion date as 20.06.2006, and since no objection was raised by her, the final seniority list was published in December 2007. Hence, the applicant's challenge after about ten years was hopelessly barred by limitation.
25. Counsel for Respondent No. 5 further submitted that he was actually entitled to seniority in the Section Officer cadre from 03.07.2005, but his case had been kept in sealed cover due to pending litigation before the Hon'ble Delhi High Court. After the judgments dated 20.12.2007 and 17.04.2009 in the writ petition and review petition respectively, the sealed cover was opened and Respondent No. 5 was granted notional promotion as Section Officer w.e.f. 25.05.2006. It was contended that NCERT regularly publishes separate seniority lists for SOs and APCs and thereafter prepares a combined eligibility list for consideration by the DPC. The combined eligibility list for the DPC held on 09.02.2017 was accordingly prepared on the basis of such seniority lists. 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 15
26. It was also submitted that the Hon'ble Delhi High Court had protected the promotion and service benefits of Respondent No. 5 and directed that his case should not be adversely affected. In compliance with the High Court's directions and the DOP&T instructions, the sealed cover was opened and Respondent No. 5 was rightly granted notional promotion from the date of DPC. All other allegations made by the applicant were denied as false, misleading and without merit, and it was prayed that the Original Application be dismissed.
27. Having heard learned counsel for the parties at length and upon perusal of the pleadings and documents placed on record, we find that the core controversy in the present Original Application pertains to the determination of inter se seniority and eligibility for promotion to the post of Under Secretary/Administrative Officer in NCERT from the feeder cadres of Section Officer (SO) and Assistant Programme Coordinator (APC).
28. It is not in dispute that the applicant was considered by the DPC held on 09.05.2006 for promotion to the post of APC and was issued promotion order dated 19/22.05.2006. It is also undisputed that the applicant conveyed her unconditional acceptance and submitted her charge assumption report on 23.05.2006. The respondents, however, treated her date of promotion as 20.06.2006 on the ground that she was formally relieved from her earlier post of Personal Assistant only on that date and physically joined the promotional post thereafter. The Tribunal further notes that respondents no.3 to 6 were granted notional promotion to the post of 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 16 Section Officer with effect from 25.05.2006 pursuant to directions issued by the Hon'ble High Court of Delhi in the earlier round of litigation.
29. We are of the considered view that the respondents have failed to appreciate the true import of the DOP&T instructions governing promotions and preparation of eligibility lists where more than one feeder cadre is involved. The material placed on record demonstrates that promotions to the post of Under Secretary are to be made from two distinct feeder cadres, namely SO and APC, and admittedly no fixed quota has been prescribed between the said cadres. In such circumstances, the DOP&T O.M. dated 11.11.2010 specifically contemplates preparation of a combined eligibility list by taking into consideration the date of completion of qualifying service and the inter se seniority of candidates belonging to different feeder cadres. The respondents admittedly did not prepare or publish any finalized combined eligibility list of eligible SOs and APCs before convening the DPC on 09.02.2017. Such omission goes to the root of the selection process and renders the exercise arbitrary and contrary to the binding executive instructions.
30. We further find substance in the grievance of the applicant regarding determination of her effective date of promotion. The respondents have relied upon Para 17.11 of the DOP&T O.M. dated 10.04.1989 to contend that the effective date of promotion would be the date on which the officer actually assumes charge. However, the peculiar facts of the present case reveal that the applicant had already accepted the promotion and submitted her charge 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 17 assumption report on 23.05.2006 and the delay in relieving her from the previous post was entirely attributable to the administrative actions of the respondents themselves. An employee cannot be made to suffer adverse civil consequences on account of administrative delay for which she was not responsible. The applicant cannot be deprived of her rightful seniority merely because the respondents chose to relieve her from the earlier post on a later date despite issuance of the promotion order and acceptance thereof in May 2006.
31. We also find that the respondents themselves extended the benefit of retrospective/notional promotion to respondents no.3 to 6 pursuant to directions of the Hon'ble High Court and reckoned their promotion dates from 25.05.2006 even though the actual promotions were granted later. Having granted such benefit to similarly situated officers, the respondents could not have adopted a different standard in the case of the applicant. The action of the respondents in assigning the applicant a later date of promotion while extending retrospective benefit to respondents no.3 to 6 has resulted in hostile discrimination and has adversely affected the applicant's consideration for promotion to the post of Under Secretary.
32. The objection regarding limitation raised by the respondents is also not sustainable in the facts of the present case. The grievance of the applicant acquired concrete cause of action only when the DPC for promotion to the post of Under Secretary was convened on 09.02.2017 and respondents no.3 and 4 were promoted ahead of the applicant on the basis of the disputed seniority position. The issue raised by the applicant directly concerns her right of consideration 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 18 for promotion and recurring prejudice caused by the impugned action. Hence, the OA cannot be rejected solely on the ground of limitation.
33. It is also brought to the notice of this Tribunal that during the pendency of the present Original Application, the applicant has already retired from service. Therefore, though the question of actual promotion at this stage does not survive in the ordinary sense, the applicant would still be entitled to consideration for notional promotion and all consequential retiral and pensionary benefits flowing therefrom, if found entitled.
34. We are, therefore, satisfied that the respondents acted arbitrarily in not preparing and publishing a proper combined eligibility list of SOs and APCs before convening the DPC and in not correctly reckoning the applicant's date of promotion for the purpose of determining seniority and eligibility. The impugned action is violative of Articles 14 and 16 of the Constitution of India and contrary to the applicable DOP&T guidelines.
35. At this stage, it would also be apposite to refer to the settled principles governing Review DPCs as contained in Part-VI of Swamy's Complete Manual on Establishment and Administration. Paras 18.1 and 18.2 relating to Review DPCs provide that a Review DPC can be convened where the original DPC had not considered material facts, where relevant records were omitted from consideration, or where grave procedural irregularities had occurred affecting the select panel or inter se seniority. The said instructions further clarify that the object of a Review DPC is to rectify errors or procedural defects in the 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 19 original consideration and to restore the position which ought to have prevailed had such irregularity not occurred. The present case squarely falls within the ambit of the aforesaid principles inasmuch as the respondents failed to prepare and finalize a proper combined eligibility list and also failed to correctly reckon the applicant's date of promotion while convening the DPC for promotion to the post of Under Secretary/Administrative Officer. Such defects go to the root of the selection process and necessarily warrant convening of a Review DPC.
36. Accordingly, the Original Application is allowed. The respondents are directed to treat the applicant's promotion to the post of APC as effective from 22.05.2006 for all consequential purposes relating to seniority and consideration for promotion. The respondents are further directed to prepare and finalize a proper combined eligibility list of eligible officers from the cadres of SO and APC in accordance with the applicable DOP&T instructions and thereafter convene a review DPC for consideration of promotion to the post of Under Secretary/Administrative Officer. In the event the applicant is found fit and entitled for promotion by the review DPC, she shall be granted notional promotion from the date her immediate junior was promoted, with all consequential retiral and pensionary benefits including revision of pension and arrears thereof. However, the applicant shall not be entitled to actual arrears of salary for the period during which she did not discharge duties on the promotional post. The aforesaid exercise shall be completed within a period of four months from the date of receipt of a copy of this order. Pending 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 20 MA(s), if any, shall also stand disposed of. No order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi) Member (A) Member (J) /lg/ 1 LALIT CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, Working as Lab. Supdt.
Sub Divisional Railway Hospital, Itarasi, MP GOSAIN
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5