Central Administrative Tribunal - Allahabad
Rajesh Kumar Jaiswal vs North Central Railway on 6 February, 2026
Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD
th
Allahabad this, the 06 day of February, 2026
Original Application No. 174 of 2026
Hon'ble Mr. Justice Rajiv Joshi, Member Judicial
Rajesh Kumar Jaiswal, a/a 52 years, S/o late Suresh Chandra Jaiswal,
presently posted as Public Prosecutor in North Central Railway (NCR) at
Agra Division, Agra, R/o Mohd. Kayasthan Jaiswal Colony Puranpur
PUNIT KUMAR
MISHRA Pilibhit District Pilibhit
. . .Applicant
By Advocate :Mr. Dharmendra Kumar Pandey
VERSUS
1. Union of India through Secretary, Ministry of Railway, Rail Bhawan,
New Delhi 11001
2. Chairman & CEO, Railway Board, Rail Bhawan, New Delhi 110001
3. General Manager/Assistant General Manager, North Central
Railway (NCR) Subedarganj, Prayagraj
4. Principal Chief Personnel Officer (PCPO) North Central Railway
(NCR) Headquarters, Subedarganj, Prayagraj (Allahabad) 211011
5. General Manager/Assistant General Manager, South Eastern
Railway Zone, Office at Dumayrie Are Garden Reach Kolkata,
West Bengal 7000043
6. Rajendra Singh (Sr. P.P. ) S/o Ram Das, R/o H.NO.3, Sarika Nagar
Near New Darpan Colony PO R.K. Puri PS Morar District Gwalior
M.P. Presently posted as Sr. Public Prosecutor, Group B, Ranchi
Division, Ranchi
. . .Respondents
By Advocate: Shri Anil Kumar
O R D E R:-
Heard Mr. Dharmendra Kumar Pandey, learned counsel for the applicant and Shri Anil Kumar, learned Counsel for the official respondents at admission stage.
Page 1 of 6
2. This Original Application under Section 19 of the Administrative Tribunal Act, 1985 has been filed by the applicant for the following reliefs:-
8. (i) To allow this Original Application and quashed the transfer order of (Rajendra Singh Sr. PP of SCR Zone) dated 23.10.2025 passed by the Railway Board/Respondent-2
(ii) to direct the respondent-3 to withdraw his consent letter dated 30.07.2025 given against the order dated 06.06.2024 & 12.07.2024 PUNIT KUMAR (iii) to issue appropriate direction to respondent-3 not to fill up MISHRA the single vacant post of Senior Public Prosecutor at Agra NCR Zone by the candidate of other Zonal Railway.
(iv) Any other and further order or direction which this Hon'ble tribunal may deem fit and proper under the circumstances of the case.
3. The case of the applicant is that he was appointed to the post of Inspector (Prosecution) in the Railway Protection Force through the Railway Recruitment Board, Chandigarh, and is presently posted as Public Prosecutor (hereinafter referred to as "P.P.") in the Agra Division at North Central Railway Zone (hereinafter referred as NCR). He is the senior-most Public Prosecutor in the NCR. The post of Senior Public Prosecutor (Sr. P.P.) in North Central Railway fell vacant w.e.f. 01.09.2025 due to the retirement of Shri D.K. Chaturvedi. As per the seniority list of P.Ps of the North Central Railway Zone dated 30.05.2025, the applicant was placed at Serial No. 2. However, the officer shown at Serial No. 1 in the said seniority list had availed promotion to the post of Sr. P.P. in the South Eastern Railway Zone vide order dated 21.12.2022, but subsequently refused the promotion and returned to the North Central Railway Zone, where he is presently working as P.P. Consequently, he lost his seniority. Therefore, the applicant is actually entitled to be placed at Serial No. 1 in the seniority list dated 30.05.2025 in the cadre of P.Ps and is entitled to promotion to the vacant post of Sr. P.P. at Agra Division in the North Central Railway Zone.
Page 2 of 6 3.1 Subsequently, the applicant submitted several representations dated 17.06.2025, 28.07.2025, and 08.09.2025 for correction of the seniority list dated 30.05.2025 by placing his name at Serial No. 1 and for granting him promotion to the vacant post of Sr. P.P. at Agra Division, Agra, but no heed was paid. In the meanwhile, the respondent no. 6 submitted an application dated 06.06.2025 for inter- zonal transfer from the South Central Railway Zone to the NCR before the PUNIT KUMAR MISHRA Secretary, Railway Board, after the expiry of the prescribed time period stipulated in the Railway Board's letters dated 06.06.2024 and 12.07.2024. Subsequently, the competent authority of the NCR gave its consent and accommodated respondent-6 as Sr. P.P. in the NCR Zone. On the basis of such consent, the Railway Board, vide letter dated 23.10.2025, approved the transfer of respondent -6 from the South Central Railway Zone (Ranchi Division) to the NCR Zone, in violation of its own Transfer Policy. Hence, the present Original Application has been filed.
4. Learned counsel for the applicant submits that the respondents, while issuing the order dated 23.10.2025 transferring respondent -6 from the South Central Railway Zone to the NCR Zone, failed to follow their own Transfer Policy. It is submitted that respondent - 6 was earlier posted as P.P. in the NCR Zone and was promoted to the post of Sr. P.P. on 13.01.2023. Thereafter, he was transferred from Agra Division of the NCR Zone to the South Eastern Railway Zone. As per the Transfer Policy dated 31.08.2015, no request for transfer is to be considered until completion of five years in the assigned zone; however, respondent -6 has been transferred on his own request on completion of only two and a half years of service as Sr. PP.
Page 3 of 6 4.1 Learned counsel further submits that as per the Railway Board's letters dated 06.06.2024 and 12.07.2024, the vacant post of Sr. P.P. cannot be filled by candidates from other Zonal Railways after the cut-off date of 12.07.2024. The applicant, being the senior-most P.P. in the North Central Railway Zone, is entitled to promotion against the single vacant post of Sr. P.P. at Agra Division, Agra. However, the respondents have illegally and arbitrarily posted respondent -6 as Sr. P.P. and have PUNIT KUMAR MISHRA not considered the case of the applicant for promotion. If respondent no. 6 is permitted to join at the transferred place, the promotional opportunity of the applicant to the post of Sr. P.P. would be adversely affected as there is single post of Sr. PP at Agra Division under NCR Zone.
5. Learned counsel for the respondents vehemently opposed the contention of the learned counsel for the applicant and submits that the Original Application is misconceived, devoid of merit, and liable to be dismissed as the applicant has no vested or indefeasible right to promotion merely on the basis of seniority, as promotion is subject to availability of vacancy, eligibility, suitability, and administrative exigencies. 5.1 It is further submitted that the seniority list of Public Prosecutors of the North Central Railway Zone dated 30.05.2025, wherein the applicant was placed at Serial No. 2 is not under challenge. The original application is pre mature as till date the applicant has not been promoted to the post of Sr. PP. The respondents further submit that respondent -6 was transferred from the South Central Railway Zone to the NCR Zone after due consideration by the competent authority and with the approval of the Railway Board vide letter dated 23.10.2025.
6. I have heard learned counsel for both the parties.
7. It reflects from the record that instant Original Application is not maintainable as till date no order has been passed by the respondents Page 4 of 6 denying promotion to the applicant to the post of Senior Public Prosecutor. Mere apprehension of loss of a promotional opportunity in future does not constitute a valid cause of action. It is a settled principle of law that an Original Application cannot be maintained on the basis of conjectures or anticipated grievances.
8. It is further evident that the seniority list of Public Prosecutors dated 30.05.2025, in which the applicant has been placed at Serial No. 2, PUNIT KUMAR MISHRA has not been challenged by the applicant before any competent court or forum. Consequently, the said seniority list continues to be valid, final, and operative. Unless and until the seniority list is set aside or modified in accordance with law, no claim for promotion contrary to the said list can be entertained.
9. As per the existing seniority list, the applicant stands at Serial No. 2 in the cadre of Public Prosecutors, and it is undisputed that there is only one sanctioned post of Senior Public Prosecutor in the Agra Division. In the event the said post of Senior Public Prosecutor is filled, the officer placed at Serial No. 1 in the said seniority list of PPs would be entitled to promotion, and not the applicant as he is at Sr. No.2 in the said seniority list of PPs. Although the applicant contends that he has been directly affected by the inter-zonal transfer of respondent -6, it is well settled that promotion does not constitute a vested or indefeasible right. Promotion is contingent upon fulfillment of eligibility conditions, availability of vacancy, suitability, and administrative exigencies.
10. The record further discloses that the inter-zonal transfer of respondent - 6 from the South Central Railway Zone to the North Central Railway Zone has been effected with the due approval of the competent authority vide letter dated 23.10.2025.
11. In view of the above discussion, the Original Application Page 5 of 6 stands dismissed as not maintainable being premature and is accordingly, dismissed.
12. No order as to costs.
13. Pending M.A., if any, also stands disposed of. PUNIT KUMAR (Justice Rajiv Joshi) MISHRA Member(J) PM/ Page 6 of 6