Central Administrative Tribunal - Lucknow
Dharmendra Singh vs Rcf on 6 May, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH, LUCKNOW
Original Application No. 332/00282/2023
This the 06th day of May, 2025
Hon'ble Mr. Justice Anil Kumar Ojha, Member-J
Hon'ble Mr. Pankaj Kumar, Member-A
1. Dharmendra Singh, aged about 42 years, son of Late Shri Ram
Chandra, Address Quarter No.4238-C, MCF Colony, Lalganj, Raebareli.
2. Awaneesh Kumar Singh, aged about 43 years, son of Shri Dina Nath
Singh, Address- Quarter No.4204-A, MCF Colony, Lalganj, Raebareli.
3. Rajesh Kumar Himanshu, aged about 39 years, son of Shri Ram
Dayal Prasad, Address Quarter No.4233-A, MCF Colony, Lalganj,
Raebareli.
....Applicants.
By Advocate: Shri Praveen Kumar.
VERSUS.
1. UNION OF INDIA, through the General Manager, Modern Coach
Factory, Lalganj, Raebareli.
2. The Principal Chief Personnel Officer, Modern Coach Factory,
Lalganj, Raebareli.
3. The Principal Chief Mechanical Engineer, Modern Coach Factory,
Lalganj, Raebareli.
4. Shri Manoj Kumar Kharera, S/o Shri Ram Kumar Kharera, Posted
as SSE, under respondent no. 3 i.e. Principal Chief Mechanical
Engineer, Modern Coach Factory, Lalganj, Raebareli.
5. Shri Mahaveer Prasad Meena, S/o Shri Chhote Lal Meena, Posted as
SSE, under respondent no. 3 i.e. Principal Chief Mechanical
Engineer, Modern Coach Factory, Lalganj, Raebareli.
6. Shri Gaurav Kumar, S/o Shri Kamal Babu, Posted as SSE, under
respondent no. 3 i.e. Principal Chief Mechanical Engineer, Modern
Coach Factory, Lalganj, Raebareli.
7. Shri Shashi Kant Bharti, S/o Shri Mahatm Ram, Posted as SSE,
under respondent no. 3 i.e. Principal Chief Mechanical Engineer,
Modern Coach Factory, Lalganj, Raebareli.
8. Shri Bipin Kharwar, S/o Shri Ram Bihari Kharwar, Posted as SSE,
under respondent no. 3 i.e. Principal Chief Mechanical Engineer,
Modern Coach Factory, Lalganj, Raebareli.
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9. Shri Harikesh Kumar, S/o Shri Munee Lal, Posted as SSE, under
respondent no. 3 i.e. Principal Chief Mechanical Engineer, Modern
Coach Factory, Lalganj, Raebareli.
....Respondents.
By Advocate:- Ms. Manorama.
O R D E R (ORAL)
Per Hon'ble Mr. Justice Anil Kumar Ojha, Member-J Heard learned counsel for the applicants, learned counsel for the respondents and perused the records.
2. Through this OA the applicants have prayed for the following reliefs:-
"(1). To quash the impugned orders dated 27.04.2023 to the extent, it includes the reserved category candidates in the process of upgradation and excludes the applicants out of zone of consideration due to application of reservation, with all consequential benefits. (2). To declare the process of including reserved category candidates while applying reservation for the purpose of upgradation from Level 7 to Level-8, illegal and unwarranted while interfering and quashing the impugned order dated 27.04.2023 (Contained as Annexure No.A-1 & A-
2) with all consequential benefits.
(3). To grant upgradation strictly in terms of seniority ignoring reservation at the time of upgradation to the applicants. (4). Any other relief, which this Hon'ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed. (5). Cost of the present case."
3. At the outset, learned counsel for the applicants submitted that applicants would be happy and satisfied if respondents/competent authority is directed to decide their case in the light of the judgment passed by Mumbai Bench of this Tribunal dated 01.12.2023 passed in O.A.No.327/2023 - Geeta S. Karipapoil vs. UOI & Others within a stipulated period of time.
4. The copy of the judgment passed by Mumbai Bench of this Tribunal dated 01.12.2023 passed in O.A.No.327/2023 - Geeta S. Karipapoil vs. UOI & Others has been filed by applicants, which is annexed at (Annexure -1) of M.A.No.911/2025.
5. Learned counsel for the respondents opposed the aforesaid submissions.
6. Keeping in view of the innocuous prayer of the applicants, this OA is disposed of with a direction to the respondents/competent authority 3 to decide the case of applicants in terms of order dated 01.12.2023 passed in O.A.No.327/2023 - Geeta S. Karipapoil vs. UOI & Others by Mumbai Bench of this Tribunal within a period of two months from the date of receipt of certified copy of this order by way of reasoned and speaking order under intimation to the applicants forthwith.
7. For avoidance of doubts, it is clarified that respondents shall determine whether the facts of this OA and O.A.No.327/2023 - Geeta S. Karipapoil vs. UOI & Others are similar or not.
There shall be no order as to costs.
Pending MAs, if any, also stand disposed of accordingly. There is no order as to costs.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Amit Kumar Date: 2025.05.07
10:59:59 +05'30'