Central Administrative Tribunal - Delhi
Rajesh Kumar Yadav vs M/O Finance on 17 February, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.3615/2025
Reserved on: 03.02.2026
Pronounced on: 17.02.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
1. Rajesh Kumar Yadav
S/o Veer Singh Yadav
Employee ID: 3293
DOB: 02.12.1986
Address: RZ-148/74, Gali No. 10, Sagarpur East, New Delhi-
110046
Group: B
Post: Superintendent
2. Madhur Kant Tulsian
S/o Laxmikant Tulsian
Employee ID: 2794
DOB: 10.02.1990
Address: Flat No. 248, SD Block, Pitampura, Delhi-110034
Group: B
Post: Superintendent
3. Ravi Dixit
S/o Rajender Singh Dixit
Employee ID: 2836
DOB: 08.07.1988
Address: 104, Village Mungeshpur, Delhi-110039
Group: B
Post: Superintendent
4. Vikas Malik
S/o Jai Pal Singh Malik
Employee ID: 2741
DOB: 02.10.1986
Address: VPO Ahulana, Tehsil Gohana, Distt. Sonipat, Haryana-
131301
Group: B
Post: Superintendent
5. Shishir Yadav
S/o Ram Chandra Yadav
Employee ID: 2940
DOB: 28.02.1985
Address: 571, Shaheed Bhagat Singh Apartment, Sector-14,
Dwarka-110078
Group: B
Post: Superintendent
6. Ajit Maninder
S/o Kulwant Singh
Employee ID: 2822
DOB: 10.02.1986
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
Address: 4th Floor, Plot No. 4E, Birch Street, Malibu Town,
Gurugram, Haryana-122018
Group: B
Post: Superintendent
7. Kanhaiya Prasad
S/o Haridwar Prasad
Employee ID: 2961
DOB: 10.04.1978
Address: F-16B, 2nd Floor, Flat No. 5, Jawahar Park, Devli Road,
New Delhi
Group: B
Post: Superintendent
8. Ajit Kumar Gupta
S/o Late Sh. Anil Kumar
Employee ID: 2949
DOB: 26.01.1984
Address: Mohalla Kasbhara, Powayan, District Shahjahanpur,
Uttar Pradesh-242401
Group: B
Post: Superintendent
9. Anand Prasad
S/o Sant Lal Barnwal
Employee ID: 2877
DOB: 03.01.1986
Address: Qtr. No. A3F, MIF Flats, Vatika Apartment, Mayapuri,
Delhi-110064
Group: B
Post: Superintendent
10. Jaganidhi Pokhrel
S/o Ram Prasad Pokhrel
Employee ID: 2825
DOB: 01.10.1976
Address: Gali No. 1, Hardev Nagar, Jharoda Majra, Burari, Delhi-
110084
Group: B
Post: Superintendent
11. Chander Mohan
S/o Ram Lal
Employee ID: 2762
DOB: 09.08.1982
Address: Flat No. 496, Pocket 6, Sector A10, Narela, Delhi
Group: B
Post: Superintendent
12. Vaibhav Kumar Deepak
S/o Anil Kumar Deepak
Employee ID: 2907
DOB: 17.06.1986
Address: K9, Model Town, Kanker Khera, Meerut, UP-220001
Group: B
Post: Superintendent
13. Gaurav Singh
S/o Jai Prakash Singh
Employee ID: 3294
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
DOB: 05.10.1986
Address: House No. 5439-40, Sector-3, Faridabad-121004
Group: B
Post: Superintendent
14. Sangeeta Dalal
D/o Vijender Singh Dalal
Employee ID: 3012
DOB: 11.10.1988
Address: 1241/31, Chotu Ram Chowk, Gohana Road, Sonipat,
Haryana
Group: B
Post: Superintendent
15. Mohd. Wasim
S/o Mohd. Saleem
Employee ID: 3295
DOB: 05.08.1986
Address: Flat No. 404, 410-A, Sector-39, Gurugram, Haryana-
122001
Group: B
Post: Superintendent
16. Deepak
S/o Jorawar Singh
Employee ID: 3027
DOB: 30.10.1988
Address: House No. 377, Sector-23, Sonipat, Haryana-131001
Group: B
Post: Superintendent
17. Dharmender
S/o Prithvi Singh
Employee ID: 3309
DOB: 20.02.1990
Address: VPO Gagarwas, Teh. Loharu, Distt. Bhiwani, Haryana-
127201
Group: B
Post: Superintendent
18. Rishi Pal Singh
S/o Sukh Pal Singh
Employee ID: 3311
DOB: 11.11.1986
Address: C-158, 1st Floor, Nanakpura, Moti Bagh, New Delhi-
110021
Group: B
Post: Superintendent
19. Sonu
S/o Munshi Ram
Employee ID: 3327
DOB: 25.12.1985
Address: House No. 815, Dr. Mukherjee Nagar, Delhi-110009
Group: B
Post: Superintendent
20. Esamodin
S/o Ali Mohd.
Employee ID: 3305
DOB: 03.05.1987
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
Address: VPO Punhana, Mewat, Haryana-122508
Group: B
Post: Superintendent
21. Gurmeet Singh
S/o Gurucharan Singh
Employee ID: 3645
DOB: 25.01.1985
Address: House No. 1661, Progressive Enclave, Sector-50B,
Chandigarh
Group: B
Post: Superintendent
22. Naveen Kumar
S/o Karan Singh
Employee ID: 3310
DOB: 28.11.1989
Address: H. No. 219, Sector-6, Bahadurgarh, Haryana
Group: B
Post: Superintendent
23. Neeraj Jawa
S/o Nand Kishore Jawa
Employee ID: 3013
DOB: 20.02.1987
Address: 2093, E-Block, Ansal Sushant City, Panipat-132103
Group: B
Post: Superintendent
24. Kuldeep Meena
S/o Amar Singh Meena
Employee ID: 3307
DOB: 01.04.1989
Address: House No. 376, Sector-37, Faridabad-121003
Group: B
Post: Superintendent
25. Tanvi Rohilla
D/o Rajveer Singh
Employee ID: 3297
DOB: 20.01.1991
Address: H. No. 170/35, New Praw, Rohtak, Haryana-124001
Group: B
Post: Superintendent
26. Sajimon Joseph
S/o A. K. Joseph
Employee ID: 2728
DOB: 20.04.1967
Address: 154, Pocket-1, DDA Flats, Sector-6, Dwarka, New Delhi-
110075
Group: B
Post: Superintendent
27. Nikhil Bansal
S/o Lalesh Bansal
Employee ID: 3695
DOB: 06.10.1989
Address: H. No. 78, New Bhood Colony, Old Faridabad, Faridabad,
Haryana-121002
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
Group: B
Post: Superintendent
28. Naresh Kumar
S/o Satveer Singh
Employee ID: 3698
DOB: 16.03.1989
Address: Sadat Nagar Ikla, Post-Dasna, Distt. Ghaziabad
Group: B
Post: Superintendent
29. Piyush Yadav
S/o Rajender Singh Yadav
Employee ID: 3654
DOB: 02.04.1988
Address: 18, Saket Kunj, Sector-9, Rohini, New Delhi-110085
Group: B
Post: Superintendent
30. Rahul Meena
S/o Ram Dayal Meena
Employee ID: 3702
DOB: 30.05.1990
Address: Flat No. 516, E2 Pocket, Vasant Kunj, New Delhi-110070
Group: B
Post: Superintendent
31. Rajesh Kasana
S/o Baljor Singh
Employee ID: 3699
DOB: 27.12.1989
Address: H. No. 19, Village Kotwalpur, Post-Chirori, Distt.
Ghaziabad, UP-201102
Group: B
Post: Superintendent
32. Mohit Singh
S/o Gyanendra Singh
Employee ID: 3710
DOB: 08.08.1987
Address: 6124/2, D6, Vasant Kunj, New Delhi-110070
Group: B
Post: Superintendent
33. Neeraj Yadav
S/o Satyavir Singh
Employee ID: 3675
DOB: 21.01.1986
Address: Vill. Lakhnor, P.O. Bhudpur, District Rewari, Haryana-
123401
Group: B
Post: Superintendent
34. Manoj Kumar
S/o Raghunandan Prasad
Employee ID: 3687
DOB: 01.12.1989
Address: Flat No. D-209, Ajnara Integrity, Rajnagar Extension,
Ghaziabad, UP-201003
Group: B
Post: Superintendent
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
35. Rajesh Kumar
S/o Sharavan Kumar
Employee ID: 3691
DOB: 01.02.1985
Address: C-32, First Floor, Back Side, Mohan Garden, New Delhi-
110059
Group: B
Post: Superintendent
36. Deepak Panwar
S/o Kaluram Panwar
Employee ID: 3709
DOB: 15.09.1990
Permanent Address: H. No. 1145, Ward No. 18, Sukhwant Palace
Road, Purani Abadi, Sri Ganganagar, Rajasthan
Current Address: D-64, 1st Floor, Lajpat Nagar-1, New Delhi-
110024
Group: B
Post: Superintendent
37. Jitender Jeet Singh
S/o Data Ram
Employee ID: 3704
DOB: 08.07.1987
Address: H. No. 899-A, V & P.O. Raipur Rani, Distt. Panchkula,
Haryana
Group: B
Post: Superintendent
38. Gopal Chandra Roy
S/o Santiram Roy
Employee ID: 2094
DOB: 02.11.1965
Address: H. No. 78/1A, DIZ Area, Sector-2, Kali Bari Marg, New
Delhi-110001
Group: B
Post: Superintendent
39. Kamaljeet Kaur
D/o S. Bahadur Singh
Employee ID: 3057
DOB: 27.08.1974
Address: H. No. 241, Sector-123, Sunny Enclave, Kharar, Mohali
Group: B
Post: Superintendent
40. S. Bhavani
D/o V. Satya Narayana
Employee ID: 3056
DOB: 14.02.1969
Address: H. No. 654, Hallomajra, Chandigarh-160002
Group: B
Post: Superintendent
41. M. Sireesha
D/o M. Narasimha Murthy
Employee ID: 2089
DOB: 10.08.1978
Address: Qtr. No. 18/352, Lodhi Colony, New Delhi-110003
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
Group: B
Post: Superintendent
42. Ajeet Kumar
S/o Rati Ram Yadav
Employee ID: 2402
DOB: 17.03.1969
Address: H. No. 1141, Sector-3, Rewari, Haryana-123402
Group: B
Post: Superintendent
43. Amrjit Singh Jaswal
S/o Durga Dass Jaswal
Employee ID: 3054
DOB: 10.02.1973
Address: 302, Sarvahit Apartments, Sector-17A, Dwarka, New
Delhi
Group: B
Post: Superintendent
44. Naina Rawat
D/o Jagat Singh Rawat
Employee ID: 2780
DOB: 10.04.1980
Address: T-116 D, Gulmohar Greens, Mohan Nagar, Ghaziabad-
201007
Group: B
Post: Superintendent
45. Atul Sharma
S/o Dhirendra Sharma
Employee ID: 2811
DOB: 19.04.1978
Address: G-1, Kaka Nagar, New Delhi-110003
Group: B
Post: Superintendent
46. Amit Kumar
S/o Dalbir Singh
Employee ID: 2740
DOB: 08.08.1981
Address: Village Mohanbari, P.O. Jhanswa, Tehsil Matanhail,
Jhajjar Distt., Haryana
Group: B
Post: Superintendent
47. Sunil Kumar
S/o R. C. Gole
Employee ID: 2816
DOB: 01.01.1972
Address: H-716, Palam Extension, New Delhi-110077
Group: B
Post: Superintendent
- Applicants
(By Advocates: Mr. Sudhir Naagar with Mr. Arun Kr. Nagar and Mr.
Aditya Chauhan)
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
Versus
1. Union of India
Through Secretary, Ministry of Finance, North Block, New Delhi-
110001
2. The Central Board of Indirect Taxes & Customs
Through its Chairman, North Block, New Delhi-110001
3. The Principal Commissioner (Cadre Controlling Authority)
Delhi GST Zone, C.R. Building, I.P. Estate, New Delhi-110002
- Respondents
(By Advocates: Mr. RV Sinha with Mr. AS Singh, Ms. Shriya Sharma
and Ms. Nidhi 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
9
ORDER
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J):
Brief facts of the case are that the applicants were serving as Inspectors in the Department and became eligible for promotion to the post of Superintendent. While in other Zones of the Department across the country the Departmental Promotion Committees were convened in a timely manner and eligible officers were promoted, in the Delhi Zone there was a delay in holding the DPC. Owing to this delay, the applicants were not considered for promotion at the appropriate time. Subsequently, notional promotion with retrospective effect was granted so as to align their seniority with the vacancy year. Promotion from Superintendent to Assistant Commissioner is based on an all-India seniority list of Superintendents from all Zones. Due to the delay in Delhi Zone, juniors of the applicants who had joined service later but were posted in other Zones where DPCs were held on time, were promoted earlier and placed higher in the seniority list. In these circumstances, the issue arises as to whether notional promotion with retrospective effect was justified and whether any adverse action affecting such promotion could be taken without complying with the principles of natural justice, and further whether the decision of the DPC could be reviewed in the absence of statutory power.
2. Learned counsel for the applicants submits that it is a settled principle of law that employees cannot be made to suffer on account of administrative lapse in convening DPCs. Reliance is placed on the judgment of the Supreme Court in P.N. Premachandran v. State of Kerala, wherein retrospective promotion was upheld in a case where 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 the DPC had not been convened for several years due to administrative lapse. The Court held that employees who were qualified and later found eligible by the DPC could not be denied retrospective promotion when the delay was attributable to the State and not to them.
3. Further reliance is placed on K. Madhavan v. Union of India, wherein the Supreme Court observed that if a DPC scheduled to be held is arbitrarily or mala fide cancelled without justification and an employee is thereby prejudiced, the Government can grant promotion with retrospective effect so that the employee is not subjected to a lower position in the seniority list. It is submitted that the ratio of this decision squarely applies where the delay in holding DPC has caused prejudice in seniority.
4. Counsel for the applicant has also placed reliance upon Union of India v. N.R. Banerjee, wherein the Supreme Court emphasized that DPCs should be convened every year and that preparation and finalisation of yearly panels is a mandatory requirement. Even if the annual panel could not be prepared for justifiable reasons, year-wise panels of eligible candidates for each vacancy year must be prepared and appointments made accordingly. This principle was reiterated in Union of India v. Vipinchandra Hiralal Shah, where the Court held that failure to convene the Selection Committee in a particular year does not dispense with the requirement of preparing a select list for that year, and that when the Committee meets subsequently, it must prepare separate lists for each year keeping in view the number of vacancies and eligible officers of that year. 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
5. Counsel also relies on Union of India v. Central Administrative Tribunal, where the Delhi High Court held that when the department fails in its duty to hold assessment boards annually, it cannot take advantage of its own wrong, and the affected officers are entitled to appropriate seniority protection. In Vinod Kumar Sangal v. Union of India, the Supreme Court disapproved the practice of bunching vacancies of multiple years together and directed year-wise consideration of vacancies, holding that if selected, the officer would be entitled to promotion with consequential benefits from the date when others were promoted.
6. In S.K. Murti v. Union of India, the High Court granted promotion from the date of eligibility instead of the date on which promotion was actually granted, observing that delay in convening the Selection Committee cannot prejudice the employee. The Special Leave Petition filed against this decision was dismissed by the Supreme Court. Similarly, in Union of India v. Bishan Dass, it was held that where the Department failed to convene the DPC in time and no reasons were furnished for the delay, eligible officers who later retired could not be denied notional promotion. The SLP against the said judgment was also dismissed. In Govt. of NCT of Delhi v. Rakesh Beniwal, the Hon'ble High Court held that where promotion was denied due to administrative mistake or negligence and later granted retrospectively, the employee was entitled to consequential benefits.
7. It is further submitted that the requirement to convene DPCs and prepare select lists in terms of the DoPT Office Memoranda dated 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 08.09.1998 and 13.10.1998 is mandatory, and notional promotion from a retrospective date is a recognized mechanism to protect seniority and career progression of those who were unfairly denied timely promotion without fault on their part. In the present case, unless notional promotion is granted, the applicants would suffer irreparable prejudice as their juniors in other Zones would rank senior to them in the all-India seniority list for further promotion to the post of Assistant Commissioner.
8. Counsel for the applicants also submits that any action to withdraw, modify or adversely affect the granted promotion without affording an opportunity of hearing would violate the principles of natural justice. In Union of India v. Narendra Singh, the Hon'ble Supreme Court held that before reverting an employee, an opportunity to show cause must be given even if the authority seeks to correct a mistake. In Bhagwan Shukla v. Union of India, it was held that pay cannot be re-fixed to the prejudice of an employee without prior notice and opportunity to respond. In Shri Shekhar Ghosh v. Union of India, the Court observed that when rectification of a mistake results in civil consequences, principles of natural justice are required to be complied with. In the landmark decision of State of Orissa v. Binapani Dei, the Hon'ble Supreme Court held that even administrative orders involving civil consequences must be passed consistently with the rules of natural justice, after informing the person concerned of the case against him and giving an opportunity of being heard.
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
9. Lastly, it is contended that there can be no review of the administrative decision taken by the DPC in the absence of statutory power. Reliance is placed on Kalabharati Advertising v. Hemant Vimalnath Narichania, wherein the Supreme Court held that the power of review is not inherent and must be conferred by statute expressly or by necessary implication. In the absence of any such provision, review of an earlier order is impermissible and any order passed in purported exercise of review jurisdiction is without jurisdiction and a nullity.
10. On the basis of these judgments, counsel for the applicants submits that the grant of notional promotion with retrospective effect is legally justified, that the applicants cannot be made to suffer due to delay in holding DPCs in the Delhi Zone, that any adverse action without complying with principles of natural justice would be unsustainable, and that in the absence of statutory power, the decision of the DPC cannot be reviewed or unsettled.
11. While opposing the OA, counsel for the respondents has filed the counter affidavit and submitted that that the respondents have acted strictly in accordance with the applicable rules and governing instructions and there is no violation of any statutory provision or legal right of the applicants. The present Original Application is wholly devoid of merit and deserves to be dismissed with costs. The issue involved in the present matter is squarely covered by DoPT O.M. No. 22011/5/86-Estt. (D) dated 10.04.1989, pursuant to which the Review DPC was conducted. For ease of reference, Para 6.4.4 of the said O.M. provides that while promotions will be made 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 14 order of the consolidated select list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier years. In view of the aforesaid provision and the admitted position that no DPC was held during the period 2020 to 2023, the applicants could not have been granted promotion with retrospective effect from 01.01.2020. Accordingly, the promotion order dated 12.01.2024 was reviewed and corrected vide E.O. No. 72/2025 dated 10.08.2025, whereby the retrospective notional promotion was withdrawn. Since the last DPC was convened in January 2024 and later reviewed on 10.08.2025, the applicants were rightly granted promotion with effect from 12.01.2024 only.
12. It is further submitted that the respondents are well within their powers to correct any mistake as and when it comes to the notice of the competent authority. It is settled law that the Department cannot be compelled to perpetuate an illegality and no one can derive benefit from an erroneous order. The period of service prescribed for promotion is merely an eligibility criterion. On completion of such eligibility, an employee only becomes entitled to be considered for promotion and there is no compulsion upon the Department to promote the employee immediately or from a retrospective date. It is no longer res integra that promotion is effective from the date it is granted or from the date of assumption of charge and not from the date on which a vacancy arises or from the date on which an employee becomes eligible. An employee has a right to be considered for promotion but not a right to claim promotion from a specific retrospective date. In support of this, counsel for respondents placed upon the following judgements: 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
1) Bihar State Electricity Board & Ors. Vs. Dharaamdeo Das, reported as 2024 SCC OnLine SC 1768, para no. 18, 19,21,22,23,30.
2) Union of India Vs. R.N. Malhotra, replied as 2012 (191) DLT 449, para no.8-B.
3) Union of India Vs Vijender Singh, reported as 2010 SCC OnLine De14189, para no. 38,43.
4) Union ofIndia Vs K.L. Taneja, reported as 2013 see OnLine Del 1428, para no. 8,9, 11, 13, 2l.
13. It is not the case of the applicants that the DPC was not convened due to mala fide or colourable exercise of power. The DPC could not be conducted owing to various pending litigations and interim stay orders passed by the Tribunal and Hon'ble High Court concerning the seniority list of Inspectors. The new Recruitment Rules issued on 05.08.2019 reduced the eligibility service for promotion to two years. Consequent thereto, certain disputes arose regarding inter se seniority between Direct Recruits of 2014 and ICTs. OA No. 2955/2019 titled Amit Kumar & Others was filed seeking seniority above the Direct Recruits of 2014. The Tribunal set aside the seniority list dated 15.03.2018. The matter was decided by the Hon'ble High Court vide order dated 09.04.2021 in favour of ICTs 2014 and 2015. The Department implemented the said judgment and modified the seniority list on 07.10.2022. Another seniority list dated 04.12.2023 was thereafter published; however, the Hon'ble CAT vide order dated 22.12.2023 in OA Nos. 4154/2023 and 4156/2023 directed the Department not to convene the DPC on the basis of the impugned seniority list and to defer any proposed meeting. Subsequently, the final seniority list dated 03.07.2025 was issued in compliance with order dated 02.05.2024 in OA No. 939/2023. Thus, 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 the DPC could not be held due to judicial restraints and not due to any intentional delay or illegality on the part of the respondents.
14. It is submitted that the order dated 12.01.2024 was reviewed and amended as a corrective measure in accordance with Paras 18.1 and 18.2 of the DoPT O.M. dated 10.04.1989, which permit convening of a Review DPC in cases where material facts were not considered, procedural irregularities occurred, seniority was revised, or grave errors were committed. The earlier order granting notional retrospective seniority from 2020 and 2021 onwards was contrary to Para 6.4.4 of the O.M. dated 10.04.1989 and therefore required rectification. The review DPC held on 10.08.2025 was not the outcome of any specific court direction but was a corrective administrative action to align the promotion order with the governing rules and settled law.
15. It is further submitted that promotions are granted only to eligible officers who have completed the prescribed regular service in the feeder cadre and have undergone the mandatory training as prescribed. Since the applicants assumed charge of the higher post only after 12.01.2024, retrospective financial benefits cannot be granted. As per DoPT guidelines and consistent judicial pronouncements, promotion takes effect from the date of assumption of charge unless otherwise specifically provided by rules or directed by a court. No junior has been promoted ahead of the applicants and the principles of natural justice have been duly complied with. The contention that there was any direction in the order dated 09.07.2025 of this Tribunal to grant retrospective notional promotion 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 is misconceived. No such direction exists. The protection granted by the Hon'ble Court pertained to the process of promotion and did not mandate grant of notional promotion contrary to rules.
16. It is also submitted that the representations submitted by certain applicants between 24.08.2025 and 26.08.2025 are under consideration. Without awaiting the outcome of such representations, the applicants have hurriedly approached this Hon'ble Tribunal. The present O.A. is therefore premature and without cause of action. None of the grounds raised by the applicants are tenable in law. Retrospective promotion is not a matter of right and cannot be granted merely on the ground of earlier eligibility or administrative delay, particularly when DPCs could not be held due to judicial orders. In the absence of any specific statutory provision or judicial direction authorising backdating of promotion, the same must operate prospectively. The action of the respondents is strictly in consonance with the DoPT O.M. dated 10.04.1989 and the settled principles laid down by the Hon'ble Supreme Court and Hon'ble High Courts. Hence, the present O.A. deserves to be dismissed with costs.
17. We have heard the learned counsel for the parties and perused the pleadings available on record.
18. The present Original Application raises the question whether the withdrawal of notional retrospective promotion granted to the applicants and the consequent alteration of their date of promotion to 12.01.2024 is legally sustainable. The controversy essentially concerns whether notional promotion from 01.01.2020 and 01.01.2021 was justified in the facts of the case, whether the Review 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 DPC and Establishment Order No. 72/2025 dated 10.08.2025 could validly withdraw such benefit, and whether the impugned action violates the principles of natural justice as well as the protection granted in WP(C) No. 1668/2024.
19. It is not in dispute that no DPC could be convened from 2020 to 2023 due to pendency of litigations concerning seniority and interim judicial restraints. It is also not disputed that the applicants were otherwise eligible during the relevant vacancy years and that promotions in other Zones were effected earlier, resulting in inter se seniority disadvantage to the applicants in the all-India seniority list of Superintendents. The law laid down by the Hon'ble Supreme Court in P.N. Premachandran v. State of Kerala, K. Madhavan v. Union of India, Union of India v. N.R. Banerjee and Union of India v. Vipinchandra Hiralal Shah emphasizes that DPCs are required to be convened annually and that year-wise vacancies must be considered separately, and that where delay in holding DPC is attributable to the administration and not to the employee, the employee should not suffer in matters of seniority.
20. At the same time, it is well settled that promotion ordinarily takes effect from the date of assumption of charge and not from the date of occurrence of vacancy, unless rules so provide or a court specifically directs retrospective operation. The principle that there is no vested right to promotion from a particular date has been reiterated in Bihar State Electricity Board v. Dharaamdeo Das. Therefore, retrospective promotion is not automatic; however, it may 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 be granted in appropriate cases as a corrective measure to neutralize administrative delay.
21. In the present case, the delay in holding DPCs from 2020 to 2023 was not attributable to any fault of the applicants. The applicants were admittedly eligible during the relevant years. The promotion order dated 12.01.2024 granted them notional benefit from the vacancy years to protect their seniority, and the applicants have already joined the promotional post in terms of that order. Significantly, the Hon'ble High Court in WP(C) No. 1668/2024 by order dated 15.02.2024 granted protection to those officers falling within Sl. No. 1 to 1000 of the Inspector seniority list and clarified that their promotion would not be disturbed. The applicants fall within the protected bracket. The impugned Establishment Order No. 72/2025, though stated to be in compliance of orders passed in OA No. 939/2023 and CP No. 879/2024, does not disclose any specific direction mandating withdrawal of notional dates of promotion of the present applicants.
22. The impugned order clearly entails civil consequences, including lowering of position in the all-India seniority list, impact on further promotion to Assistant Commissioner, and adverse financial implications in pay fixation. As held in State of Orissa v. Binapani Dei, even administrative orders involving civil consequences must comply with the principles of natural justice. Similarly, in Union of India v. Narendra Singh, it was held that before reverting or adversely affecting an employee, an opportunity of hearing is mandatory. In the present case, admittedly no show cause notice or 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 opportunity of hearing was granted before altering the promotion dates and disturbing the accrued seniority position of the applicants.
23. Though the respondents rely upon Para 6.4.4 of DoPT O.M. dated 10.04.1989 and justify the action as a corrective measure through Review DPC, there is no finding that the applicants were ineligible, that their records were wrongly assessed, or that any fraud or misrepresentation existed. The earlier grant of notional promotion was a conscious administrative decision taken to mitigate delay. Even assuming that the grant of retrospective notional benefit was debatable on merits, once such benefit was granted and acted upon, it could not have been withdrawn to the prejudice of the applicants without complying with the principles of natural justice, particularly in view of the protection granted by the Hon'ble High Court.
24. In view of the above, the impugned Establishment Order No. 72/2025 dated 10.08.2025 (read with Corrigendum dated 11.08.2025), insofar as it withdraws the notional promotion granted to the applicants from 01.01.2020 and 01.01.2021 and alters the same to 12.01.2024, is held to be unsustainable in law. The same is violative of the principles of natural justice and contrary to the protection granted in WP(C) No. 1668/2024. The respondents are directed to restore the promotion order dated 12.01.2024 with notional benefits from the respective vacancy years for the purpose of seniority and consequential service benefits. However, financial arrears, if any, shall be governed in accordance with the applicable rules relating to notional promotion and the principle of no work no pay, unless otherwise specifically provided. The respondents shall 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 21 implement this order within a period of three months from the date of receipt of a copy of this order.
25. With the above directions, the Original Application is accordingly allowed. No order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
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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