Central Administrative Tribunal - Mumbai
Neeraj Mittal vs Railway Board on 15 July, 2025
1 OA No.1035/2022
& 908/2022
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION Nos.1035/2022 & 908/2022
Dated this Tuesday, the 15th day of July, 2025
CORAM: HON'BLE SHRI JUSTICE M.G. SEWLIKAR, MEMBER (JUDICIAL)
HON'BLE MR. SHRI KRISHNA, MEMBER (ADMINISTRATIVE)
OA No.1035/2022
1. Khwaja Moinuddin Fakhruddin Shaikh
Aged 58 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at Room No.652, Block-4, BMC Colony,
Marve Road, Malwani, Malad West,
Mumbai - 400 095.
2. Akbar Pasha
Aged 56 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at 103/A-Asmita Shernaz CHS,
Near Azizia Masjid, Naya Naga,
Mira Road (E)- 401 107.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Alphanso
3. Satish Chand Gautam
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Aged 51 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Page 1 of 78
2 OA No.1035/2022
& 908/2022
Residing at 204/3-A, Shriram Sankul,
Achole Road, Above HDFC Bank,
Nallasopara (E)- 401 209.
4. Rajesh Singh
Aged 50 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at F04/504, Happy Home Heights,
Near S K Stone Police Chowki,
Poonam Garden, Mira Bhayandar Road,
Mira road - 401 107.
5. Raghunandan Singh
Aged 51 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at A-302, Abhishek Apartment,
Shanti Park, Opp. St. Joseph School,
Mira Road - 401 107.
6. Pawan Kumar Verma
Aged 40 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at 907, Bliss-F, Unicorn Global Arena
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
Tiwari Village, Naigoan East - 401 208.
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
7. Brij Mohan Meena
Aged 49 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Page 2 of 78
3 OA No.1035/2022
& 908/2022
Churchgate Railway Station - 400 020
Residing at -
8. Zahoorul Hasan Khan
Aged 53 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at 702, Asmita Premium,
Shrikant Dhadwe Road,
Opp. Farid Hospital, Naya Nagar,
Mira Nagar - 401 107.
9. Mahendra Singh Parte
Aged 48 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at 608-B, Rawal Enclave, Rawal Nagar,
Mira Road (E)- 401 107.
10. Rambeer Suthwal
Aged 50 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at I-1/303, Happy Home Complex,
Near Bank of India, Shanti Park,
Mira Road (E) - 401 107
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Alphanso
11. Jitendra Kumar
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Aged 49 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Page 3 of 78
4 OA No.1035/2022
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Residing at K-4/404, Happy Home Complex,
Near Bank of India, Shanti Park,
Mira Road € - 401 107.
12. Hansraj
Aged 55 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at B-101, Kedarnath, Evershine Empire,
Ambadi Road, Near Kotak Mahindra Bank,
Vasai Road (W) - 401 202.
13. Veeraraghavalu Jagadish Chandra
Aged 53 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at Flat No.506, Hazel Building No.8,
Hubtown Gardenia, Near GCC Club,
Mira Road (E)- 401 107.
14. Rajesh Gautam
Aged 51 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at 306-B, Hari Palace, 60 Feet Road,
Vasai Road (W) - 401 202.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Alphanso
15. Abdul Saleem
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Aged 48 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Page 4 of 78
5 OA No.1035/2022
& 908/2022
Residing at 304-B, Asmita Shernaz CHS,
Near Azizia Masjid, Naya Naga, Mira Road (E)
- 401 107.
16. Shailendra Kumar
Aged 50 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at D-502, Kartikya Paradise, 3rd Road,
Sriprastha, Nallasopara (W) - 401 203.
17. Raj Bahadur Sukhlal Rayon
Aged 53 years
Working as Senior Motorman
C/o Chief Loco Inspector, Mezanin Floor,
Churchgate Railway Station - 400 020
Residing at B/32/402, Plaza Vihar,
Shanti Park, Mira Road - 401 107. - Applicants
(By Advocate Ms. Priyanka Mehendiratta )
Versus
1. The Union of India
Through its Chairman
Ministry of Railways
Railway Board
256-A, Rail Bhawan, Raisina Road,
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Reason: I am the author of this document
Location:
New Delhi - 110 001.
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
2. The General Manager
Western Railway,
Churchgate, Mumbai - 400 020.
Page 5 of 78
6 OA No.1035/2022
& 908/2022
3. The Divisional Railway Manager (E)MMCT
Mumbai Central
40/A/40B, M Sethi Marg, RTO Colony,
Mumbai Central, Mumbai - 400 008.
4. Kiran V. Vaidya
Working as Loco Pilot
In the O/o Respondent No.3
5. Devanand P. Bhalerao
Working as Loco Pilot
In the O/o Respondent No.3
6. Devendra Kumar
Working as Loco Pilot
In the O/o Respondent No.3 - Respondents
( By Advocate Shri R.R. Shetty a/w Shri D.A. Dube & Shri P. Khosla )
O.A.908/2022
1. Neeraj Mittal,
(Son of Jagmohanlal Mittal), Date of Birth: 24.08.1971,
Age 51 years 03 months, working as :
Sr. Motorman (Western Railway), Churchgate (Group "C" Post),
In the office of Sr. Divisional Electrical Engineer (Operation),
[Sr.DEE(O)], Western Railway, Mumbai Central,
Mumbai - 400 008 and residing at : 603/604, Sector 5,
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Building-4, Shanti Garden, Mira Road (East), Dist. Thane-401 107.
State of Maharashtra, email id: [email protected],
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Cell: 8369546573, 8652820218.
2. Jayant Arjun Bhangale,
(Son of Arjun Madhav Bhangale), Date of Birth: 18.12.1967,
Page 6 of 78
7 OA No.1035/2022
& 908/2022
Age 54 years 11 months, working as :
TLC (HQ), Churchgate (Group "C" Post),
In the office of Deputy Chief Electrical Engineer
(LOP/HQ/Churchgate), Western Railway, Mumbai and residing at :
A-102, Pinak CHS, Kelkar Road, Ram Nagar, Dombivali (East),
District - Thane 421 201,
State of Maharashtra, email id:[email protected],
Cell: 8668898707.
3. Sachin Kumar Singh,
(Son of Shri Bhagwan Singh, Date of Birth: 04.02.1978,
Age 44 years 09 months, working as : Sr. Motorman
(Western Railway), Churchgate (Group "C" Post), in the office
Of Sr. Divisional Electrical Engineer (Operation)
[Sr.DEE (O)], Western Railway, Mumbai Central,
Mumbai - 400 008 and residing at: B/403, Eklavya CHS,
N.L. Complex, Dahisar (East), Mumbai - 400 068,
State of Maharashtra, email id: [email protected],
Cell: 9004448289, 9969463575. ... Applicants
(By Advocate Mr. Rahul Walia)
Versus
1. Union of India, thorugh
Chairman/Secretary,
Ministry of Railways, Railway Board,
256-A, Rail Bhavan, Raisina Road,
New Delhi - 110 001.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
Alphanso
2. General Manager,
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Western Railway,
Headquarters' Office, Churchgate,
M.K. Road, Mumbai - 400 020.
Page 7 of 78
8 OA No.1035/2022
& 908/2022
3. DRM (Divisional Railway Manager),
DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
4. R.K. Upadhyaya,
Working as Loco Pilot Mail,
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
5. Kiran V. Vadiya,
Working as Loco Pilot Mail,
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
6. Satish Chandra Sharma,
Working as Loco Pilot Mail,
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
7. Hari Shankar Singh,
Working as Loco Pilot Mail,
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
8. Sanjay Shridhar,
Working as Loco Pilot Mail,
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008.
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=
0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13
d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8
b8babf6f4, CN=Milan Jackson Alphanso
9. Devanand P. Bhalerao,
Working as Loco Pilot Mail,
Reason: I am the author of this document
Location:
Date: 2025.07.15 17:06:59+05'30'
Foxit PDF Reader Version: 2024.4.0
Under DRM's Office, Western Railway,
Mumbai Central, Mumbai - 400 008. ... Respondents.
Page 8 of 78
9 OA No.1035/2022
& 908/2022
( By Advocate Shri R.R. Shetty a/w Shri D.A. Dube for R-1 to 3,
Shri Vishal Shirke for R-5 to 9).
ORDER
Per : Mr. Shri Krishna, Member (A)
Since the issue involved in OA No.908/2022 and OA No.1035/2022 is common, both OAs are taken up for disposal by this combined order.
2. The applicants, 17 in number, working as Motorman, have filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:
"8(i) This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining the same, quash and set aside impugned Provisional Seniority List dated 17.11.2022 and Result dated 23.11.2022, with consequential benefits.
(ii) The Hon'ble Tribunal may further be pleased to direct the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 respondent No.3 to re-draw the Combined Inter-se-Seniority List as per rules and prescribed Norms, so as to place the cadre of Motorman in a separate block and over and above others as they are born in the cadre much earlier than LP Mail and others.Page 9 of 78
10 OA No.1035/2022
& 908/2022
(iii) Cost of the Application be provided for.
(iv) Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed."
3. Brief facts of the case as stated by the applicants in the OA are that they were recruited as Apprentice Motorman through Railway Recruitment Board (RRB) from the year 1988 to 2010 and have been working as Motorman since then. Job profile of the applicants is to 'drive the Mumbai Suburban Trains of Western Railways'. The respondents issued Notification dated 27.10.2021 & Corrigendum dated 28.10.2021 for selection to the post of Chief Loco Inspector (CLI) in Level 7. The written test was conducted on 14.05.2022 and 15.05.2022 in which 335 eligible employees had appeared. Out of the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 above, 176 employees were declared pass in the d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 written test vide office letter dated 15.06.2022 (Annexure A-6).
Page 10 of 78 11 OA No.1035/2022
& 908/2022 3.1 The Ministry of Railways vide RBE No.108/2019 dated 03.07.2019 (Annexure A-7) issued instructions to the General Managers (P)/CAOs, All Indian Railways and Production Units for filling up the posts of Loco Running Supervisors (Chief Loco Inspectors and Chief Crew Controllers/Chief Power Controllers/Chief Traction Controllers)-Modification thereof stating therein the procedure for selection for the vacant posts of CLIs and CLIs (CCC, CPRC & CTLC). Thereafter, the provisional combined inter-se-seniority of employees who have passed the written test for selection for promotion to the post of CLI in Level-7 Mechanical Department came to be published vide letter dated 30.08.2022 (Annexure A-8). The representations were called Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= from the aggrieved officials to be submitted to 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 their concerned Lobby incharge within 7 days from the issuance of the aforesaid letter dated Page 11 of 78 12 OA No.1035/2022 & 908/2022 30.08.2022. The respondent No.2 issued letter dated 02.06.2014 (Annexure A-9) which contains the avenue of promotion and modalities. Point B of letter dated 02.06.2014 clearly mentions that:
"Existing Directly Recruited Motormen:
(a) will be kept in a separate block,
(b) will be given one time option to merge in Loco Pilot (Passenger/EMU),
(c)posts vacated by them shall be merged with Loco Pilot (Passenger)/EMU, as and when the existing incumbent retires or vacates the post."
Point No.5 of the aforementioned letter provides for Modalities as follow:-
"Combined Seniority will be made as per date of entry into Loco (Pilot passenger)/EMU on regular basis for promotion to the post of Loco Pilot(Mail Express), and on the basis of one time option given by Directly Recruited Loco Pilot/EMU.
Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 3.2 It has been averred that no such 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 combined seniority list as mentioned in the forgoing para was ever released by the respondents till date which is in violation of Page 12 of 78 13 OA No.1035/2022 & 908/2022 the revised avenue of promotion and modalities as well as Headquarters letter dated 15.07.2022 (Annexure A-10). It has been stated that the same are in violation of Rule 320 of Chapter III of IREM (Volume-I).
3.3 It has been submitted that the applicants requested the respondents vide their letter dated 03.09.2022 (Annexure A-11) to provide rules governing placement of Motorman cadre in a separate block vis a vis other categories and till such time the rules are provided, the time be extended to submit objection against provisional combined inter-se-
seniority.
3.4 It has been further submitted that the seniority of Loco Pilot Goods, Loco Pilot Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Passenger/EMU and Loco Pilot Mail are maintained 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 separately. This fact is also mentioned in the covering letter of the draft seniority list. Page 13 of 78 14 OA No.1035/2022
& 908/2022 Motorman cadre is placed below Loco Pilot Mail in the aforementioned draft seniority list and, therefore, they requested the respondent No.3 to provide the rules which govern placement of Motorman vis a vis the other categories mentioned above in deciding inter-se-seniority amongst these categories.
3.5 The applicants submitted their representation against the provisional seniority list dated 30.08.2022 and 11.09.2022 (Annexure A-
12). The representation of the applicants was rejected vide impugned order dated 19.10.2022. The applicants submitted an appeal dated 26.10.2022 (Annexure A-13) against the above rejection. The respondents, ignoring the appeal of the applicants, issued provisional combined Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= inter-se-seniority of employees who have passed 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 the written test for selection for promotion to the post of CLI in Level-7 on 09.11.2022 Page 14 of 78 15 OA No.1035/2022 & 908/2022 (Annexure A-14). The said provisional seniority list was challenged by way of Original Application bearing No.908/2022 before this Tribunal. The Tribunal was pleased to pass interim order staying the operation of the list dated 09.11.2022 vide order dated 21.11.2022 (Annexure A-15).
3.6 It has been submitted that the respondents went on to publish another provisional seniority list. Therefore, the applicants submitted a request for grant of personal hearing vide their letter dated 16.11.2022 (Annexure A-16). Thereafter, the respondents issued yet another provisional seniority list on 17.11.2022 which is impugned in this application. Thereafter, impugned result of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= selection board came to be published on 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 23.11.2022 without affording an opportunity of personal hearing to the applicants. Page 15 of 78 16 OA No.1035/2022
& 908/2022 3.7 It has been submitted that prejudice has been caused to the applicants whose entry into grade is 21.08.1989 and they have been placed at serial No.51 Shri T.G. Shreekumar, below sr. No.50 Shri Balraj Paul, whose entry into grade is 17.12.2021. The applicants further contend that in the Notification for AME/AWM dated 12.07.2022, Motorman cadre is not eligible on account of being in a separate block for selection to Group 'B' post of CLI in Level-7 (Annexure A-17). 3.8 It has been averred that in the integrated seniority of Group 'C' staff or AEE (Regular) Electrical Department published on 11.11.2022 (Annexure A-18), Motorman have been placed over and above Loco Pilots. The same should be applicable in the seniority list of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= CLI.
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0
4. On notice, the respondents have filed their affidavit in reply. It has been submitted Page 16 of 78 17 OA No.1035/2022 & 908/2022 that the applicants are erstwhile Direct Recruit Motorman/Senior Motorman which has been re-
designated as Loco Pilot Passenger/EMU in Pay Band Rs.9300-34800 + Rs.4200/- Gr. Pay w.e.f. 01.01.2006 after 6th Pay Commission which are now placed at Level 6 in 7th Pay Commission. The applicants even though belonged to Running Cadre were a part of Electrical department prior to 02.06.2014 and were eligible for separate promotion to the post of Chief Loco Inspector (Motorman).
4.1 Subsequently, due to not following regular guidelines as prescribed by Railway Board for running cadre, they have been assigned common AVC vide Headquarters CCGs letter dated 02.06.2014 on the basis of Railway Board's Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Guidelines vide para 140 of IREM Chapter-1 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Volume-I wherein they have been placed identical with Loco Pilot Passenger/EMU for their further Page 17 of 78 18 OA No.1035/2022 & 908/2022 promotion to the post of Loco Pilot Mail in identical scale of level 6 and further promotion to the post of Chief Loco Inspector with the consent of both the recognized unions i.e. Western Railway Mazdoor Sangh (WRMS) & Western Railway Employees Union (WREU).
4.2 It has been submitted that after introduction of AVC dated 02.06.2014, the applicants opted to remain isolated in their own interest and were reluctant to shoulder higher responsibilities of next promotion of Loco Pilot Mail as per AVC. Further, it was more beneficial to them by remaining isolated as they would get MACP in Grade Pay of Rs.4600/- (1 st), Rs.4800/-
(2nd) & Rs.5400 (3rd) without shouldering higher responsibility of Loco Pilot Mail as per AVC. The Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= curative action by Western Railway Administration 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 by publishing AVC vide GM(E)CCG's letter No.E/L/834/7/DCMM-Vol V dated 02.06.2014 based on Page 18 of 78 19 OA No.1035/2022 & 908/2022 Para 140 of Indian Railway Establishment Manual Vol-I has been found valid by the Ahmedabad CAT in OA No.235/2015 dated 23.08.2022. 4.3 It has been submitted that after introduction of AVC vide order dated 02.06.2014, the applicants at Sr.No.1, 4 & 10 had filed an OA No.490/2014 for their separate claim of filling up of post of Chief Loco Inspector (Motorman) on the basis of past guidelines separately which occurred between 2010 to 2014.
In this regard, it is informed that prior to year 2014, the post of Chief Loco Inspector (Electrical-Suburban) and Chief Loco Pilot (Main Line-Diesel/Electrical) was being filled separately. The applicants at Sr.No.1,4 & 10 with others in OA No.493/2014 had challenged a Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= combined selection for the post of Chief Loco 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Inspector Electrical (Main Line and Motorman) in Pay Band 9300-34800 wherein it was contended that Page 19 of 78 20 OA No.1035/2022 & 908/2022 the vacancies of Motorman arose prior to the notification dated 02.06.2014 should be filled according to the old rules and procedures. 4.4 It has been submitted that as per CAT Mumbai's orders, respondents were directed to fill up the vacancies in the post of Chief Loco Inspector which occurred from 2010 to 01.05.2014 from the unmerged/uncombined category of Motorman in accordance with selection process which was prevalent in Western Railway until issuance of letter dated 02.06.2014 laying down the modalities for revised channel of promotion from combined merged category of Loco Pilot drivers and Motorman. In compliance with above selection to the post of Chief Loco Inspector (Motorman) scale Rs.9300-34800+GP Rs.4600 Level 7 was filled Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= vide No.E/Sel.Cell/48/18/E/ELT/1025/2/5 Vol-II 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 dated 19.10.2018 wherein 13 direct Motormen were selected as CLI (Motorman). The main line Page 20 of 78 21 OA No.1035/2022 & 908/2022 employees were not allowed to volunteer themselves to apply for the same as it was exclusively filled from among erstwhile direct recruit Motormen prior to 02.06.2014. 4.5 It has been further submitted that now the same applicants who have themselves opted to remain isolated from regular avenue of promotion after issue letter dated 02.06.2014 at initial stage in their own interest have volunteered themselves to be considered for combined selection to the post of Chief Loco Inspectors and desire to issue combined seniority based on Para 320 of Chapter-3 IREM Vol-I instead of Para 140 of IREM by treating them as separate seniority unit within a common designated category of Loco Pilot Passenger/EMU of Running Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Cadre. The direct recruit Motorman though not 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 opted for the AVC dated 02.06.2014 at initial stage, however, they have not opted to volunteer Page 21 of 78 22 OA No.1035/2022 & 908/2022 themselves to be considered for combined selection to the post of Chief Loco Inspector which binds them with the terms and conditions of AVC dated 02.06.2014 based on Para 140 of IREM and their respective position in the seniority of Loco Pilot Passenger/EMU i.e. below Loco Pilot Mail which is a promotional post where Loco Pilot Passenger/EMU (Motorman) is a feeder grade.
5. The applicants have filed rejoinder to the reply submitted by the Department. It has been stated that the AVC vide letter dated 02.06.2014 nowhere mentioned that promotion shall be restricted to those who exercise option to merge and those who remain in separate block shall not get promotion to the post of Chief Loco Inspector.Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 5.1. It is further submitted that the letter 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 No.E/EL/834/7-DCMM VOL-V 2/6/14 in reference to Para 3(iii) of the written statement has in fact Page 22 of 78 23 OA No.1035/2022 & 908/2022 given the directly recruited Motorman, the option to stay as a separate block or one time option to merge with Loco Pilot Mail. The latter was just an option and not a promotion as the Motorman who did not opt for the merger, would continue to get MACP as per letter no.E/EL/839/7/M.MAN/MACP dated 21.02.2022. Besides, promotion always occurs towards higher post/grade/benefits. However, none of this fulfills for a 34 years back directly recruited Motorman, who had joined his service at Grade Pay Rs.4200/- and to accept AVC and merging into Loco Pilot Mail at the same Grade Pay of Rs.4200/-.
5.2. It has been submitted that the respondents have contradicted their claim by Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= saying that the applicants opted to remain 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 isolated in order to avail the benefits of MACP. As per the guidelines of the Railway Board, Page 23 of 78 24 OA No.1035/2022 & 908/2022 turning down a promotion should have deprived the applicants of MACP. However, as they continue to enjoy its benefits, it is very well clear that their merger into Loco Pilot Mail was not a promotion but an option.
5.3. It has been further submitted that the applicants are running Mumbai Suburban Trains in highly dense network single handedly, while the passengers Loco Pilot job (offered as option) carries two persons sharing similar (or even less intensive) responsibility. It is surprising that the respondents assumed that the applicants were "reluctant to shoulder higher responsibility". In fact, the applicants are experts in driving Suburban Trains and hence desire to do the work at which they are best. Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= The directly recruited Motormen are much senior 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 and experienced than their Loco Pilot Mail counterparts, by having higher educational Page 24 of 78 25 OA No.1035/2022 & 908/2022 qualifications. The MACP provisions are available to all Government employees for long time interval and have no relation with the present case.
5.4. It has been submitted that the selected Loco Pilot Mail in the CLI selection exam under discussion are all SSC pass outs, Khalasi promotes, those who have not even passed RRB.
Even there are a handful of Loco Pilot Mails, who, during their Motormen days have done SPAD and consequently were allotted stationery jobs at Western Railways after having been deemed as incompetent to drive suburban trains as being a threat to passenger safety.
Besides the paucity of AVC system is well apparent by the fact that in the last 5 Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= years, in total, approximately 20 SPAD have been 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 reported, out of which only one was committed by Page 25 of 78 26 OA No.1035/2022 & 908/2022 directly recruited Motorman and rest all were by Loco Pilot EMU, promoted through AVC channel. 5.5. It has been further submitted that an official eligibility list for the said selection exam was released by the respondents and the directly recruited Motormen did not volunteer themselves for consideration. Besides it being a 'combined selection exam', entailing both Loco Pilots and Motormen, must respect the criteria of AVC that allows directly recruited Motormen to stay as a separate block and hence release the result in accordance with Para No.320 of IREM. Since, the directly recruited Motormen are much more senior than Loco Pilot Mail, who reached Grade Pay Rs.4200/-, 20 years later than the directly recruited Motormen whose entry Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= grade was Rs.4200/-.
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 5.6. It has been further submitted that Para 140 of IREM has limited scope of relative Page 26 of 78 27 OA No.1035/2022 & 908/2022 position of Loco Pilots doing different functions, whereas Para 320 of Chapter-3 of IREM has wider application for the purpose of deciding seniority position. Therefore, Para 320 of IREM will be applicable in the present case.
5.7. It has been submitted that the respondents have stated that Loco Pilot Passenger and Loco Pilot Mail have promotional hierarchy, but the respondents have very conveniently hidden the fact that the Chief Loco Inspector is not part of such hierarchy.
Therefore, Loco Pilot Goods/Passengers/Mail is all eligible to apply for the CLI and may be selected on the basis of written exam and their seniority in the Grade of Rs.4200/-.
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 5.8. It has been further submitted that the 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 letter dated 21.02.2022 by the Western Railway Headquarters clearly states that AVC issued in Page 27 of 78 28 OA No.1035/2022 & 908/2022 2014 is administrative decision and clears the fact the Motormen who remained in the same place were isolated by the administrative decision and not by their will. The applicants are not claiming for separate posts, therefore, the O.A.493/2014 has no relevance with the case. 5.9. It has been submitted that the respondents have willfully escaped their responsibility of publishing the seniority list since 2014 and now calling it "unessential"
shows malicious intention of respondents to keep a group of employees in the dark.
6. The respondents in turn have submitted reply to rejoinder and submitted that the applicants were eligible for appearing for written test for combined selection to the post Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= of Chief Loco Inspector in terms of Railway 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Board's guidelines vide RBE No.108/2019 dated 03.07.2019. However, by remaining isolated to Page 28 of 78 29 OA No.1035/2022 & 908/2022 the avenue of promotion of Running Category assigned to them they have denied the AVC dated 02.06.2014 and their parity with Loco Pilot Passenger/EMU.
6.1. It has been submitted that as per RBE No.108/2009, Motorman scale Rs.5500-9000 and Sr. Motorman scale Rs.6000-9800 have been placed identically at par with Loco Pilot Passenger/EMU Pay Band 2 Grade Pay Rs.4200/- and not with the promotional post of Loco Pilot Mail in Pay Band 2, Grade Pay Rs.4200/-.
6.2. Further, as per Railway Board's guidelines vide RBE No.108/2008 Loco Pilot Shunter Gr-I, Loco Pilot Goods, Loco Pilot Passenger/EMU and Loco Pilot Mail all belong to same Running Category and have been assigned Pay Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Band-2 Grade Pay Rs.4200/-, however, they are 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 distinct as per Railway Board's letter No.E(NG)I/2019/PM-7/5 dated 14.11.2019 as for Page 29 of 78 30 OA No.1035/2022 & 908/2022 the purpose of selection/promotion and pay fixation, each of the functional categories of Loco Pilot (Goods), Loco Pilots (Passengers)/Sr. Motorman, Loco Pilot (Mail) etc., constitute separate and distinct cadres/seniority units within the overall classification of loco Running Staff. Thus, the applicants cannot have parity with Loco Pilot Mail for seniority as it is a promotional post.
6.3. It has been further submitted that the applicants intend to take undue advantage of administrative decision dated 02.06.2014 by not opting their parity with Loco Pilot Passenger/EMU and further avenue of promotion to the post of Loco Pilot Mail in order to retain their status quo of 'separate block without Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= avenue of promotion' to avail the benefit of 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 MACP in their own interest. The applicants along with other direct recruit Motorman who by Page 30 of 78 31 OA No.1035/2022 & 908/2022 own choice remained in separate block cannot be treated as different seniority unit as there cannot be two seniority for one single category of Loco Pilot Passenger/EMU within same Running cadre as it is not in accordance with Railway Board's guidelines contained in Para 140 of IREM. CAT ADI has not found any infirmity in the curative action of Western Railway Administration by issuing AVC dated 02.06.2014. The applicant may correct themselves that they were not given any option to merge at par with Loco Pilot Mail vide HQ-CCG's letter dated 02.06.2014. It has been further submitted that no Railway Board's guidelines supports the claim of the applicants.
6.4. It has been further submitted that all Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= the eligible applicants who had volunteered 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 themselves to consider themselves for combined selection to the post of CLI have fulfilled Page 31 of 78 32 OA No.1035/2022 & 908/2022 eligibility criteria as contained in RBE No.108/2019. As per Para 140 of IREM there is no direct recruitment element in the category of Loco Pilot Passenger/EMU as it is a 100% promotional post. As the recruitment of Motorman through open market was administrative exigency of Western Railway Administration, the curative measures was an initiative to identically place the Directly Recruit Motorman in the regular hierarchy of promotion at par with Loco Pilot Passenger/EMU for their career of progression by following Railway Board's guidelines vide RBE No.108/2008 wherein Loco Pilot Mail is promotional category. 6.5. Loco Pilot Mail on the other hand have been either directly recruited in Assistant Loco Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Pilot or have been laterally inducted as Asst.
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Loco Pilot through selection process based on Railway Board's guidelines contained in Para 137 Page 32 of 78 33 OA No.1035/2022 & 908/2022 to 140 of IREM. All Loco Pilots who belong to running category successfully qualifies mandatory prerequisite training/aptitude test at different stages depending upon the promotional hierarchy before joining actual working post. They were eligible to appear for CLI by fulfilling eligibility criteria as prescribed in Railway Board's guidelines in RBE No.108/2019. 6.6. It has been further submitted that on implementation of judgment in O.A. No.493/2014 no separate claim for direct recruit Motorman exist in the present combined selection to the post of CLI. Whenever they volunteer themselves for combined selection to the post of CLI, they need to follow commonly applicable Railway Board's guidelines from time to time as no rule Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= can be framed for Direct Recruitment Motorman 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 who have opted to remain isolated in their own interest.
Page 33 of 78 34 OA No.1035/2022
& 908/2022 6.7. It has been further submitted that in the present selection the applicants have no separate claim whatsoever for CLI (Motorman) as the vacancies prior to 02.06.2014 have already been filled up after implementation of judgment in OA No.493/2014. As they have now volunteered themselves for combined selection to the post of CLI, they need to follow the common Railway Board's guidelines as contained in Para 140 of IREM as no separate guidelines can be framed for direct recruit Motorman opted out of common AVC on their volunteering themselves for the combined selection for CLI after 02.06.2014.
Hence in the present O.A. their seniority is as per AVC assigned to them vide letter dated 02.06.2014 to which they have denied. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 6.8. It has been further submitted that the 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 applicants at the initial stage have opted out the AVC extended to them and now at later stage Page 34 of 78 35 OA No.1035/2022 & 908/2022 volunteer themselves to consider them for combined selection for promotion to the post of CLI. On volunteering themselves for consideration to combined selection, they by default bind themselves to the regular avenue of promotion as prescribed in Para 140 of IREM and subsequently are bound to their parity at par with LPP/EMU for seniority. It is reiterated that no separate guidelines are available to determine their seniority other than Para 140 of IREM within Running category for direct recruit Motorman who have opted to remain isolated in their own interest from AVC of Running Category. 6.9. It has been further submitted that the applicants were not forcefully made to appear for the written exam for combined selection to Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= the post of CLI. They have volunteered 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 themselves to consider for the combined selection to the post of CLI wherein they have Page 35 of 78 36 OA No.1035/2022 & 908/2022 no separate claim. Had they not applied for the post their isolation status would not have been disturbed. It has been submitted that the applicants want to take undue advantage of Western Railway Administration's curative action of common avenue of promotion dated 02.06.2014 by opting out of it to retain their status of separate block status without AVC in their own interest to avail MACP. The applicants fail to understand that their basic identity of Running cadre lies in Para 140 of IREM itself to which they are bluntly denying.
6.10. It has been further submitted that as all the employees who have volunteered themselves for combined selection to the post of CLI belong to Running Category, they have common Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= avenue of promotion as per Para 140 of IREM 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 wherein the applicants have parity with Loco Pilot Passenger/EMU as per AVC dated 02.06.2014. Page 36 of 78 37 OA No.1035/2022
& 908/2022 Hence, Para 320 of IREM cannot be applied for seniority within Running Cadre in the present combined selection to the post of CLI. 6.11 . It has been submitted that the combined provisional seniority dated 27.11.2014 of Loco Pilot Passenger/EMU gives parity to the Erstwhile Direct Recruit Motorman based on common avenue of promotion dated 02.06.2014.
The present common seniority dated 17.11.2022 for CLI of those who qualified the written test for combined selection to the post of CLI was issued on the basis of same HQ-CCG's letter dated 02.06.2014 as the employees in Part-B (who remained isolated in own interest) of the said avenue of promotion have now volunteered themselves to consider themselves for combined Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= selection to the post of CLI.
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0
7. We have heard the learned counsel for all the parties at length and perused the Page 37 of 78 38 OA No.1035/2022 & 908/2022 pleadings and documents filed on record and also gone through the decisions relied upon by the learned counsels. We have thoughtfully considered the submissions made by the learned counsels for their respective parties.
8. Ms. Priyanka Mehndiratta, learned counsel appearing for applicants in OA No.1035/2022 drew our attention to the Advertisement at page 32 (Annex-A-4) dated 27.10.2021 on the subject Selection Board for promotion to the post of Chief Loco Inspector (DSL)in PB-Rs.9300-34800/Level-7 Mech - Deptt., BCT-Divn., which states that it is proposed to hold combine selection to the post of Chief Loco Inspector, issued by the DRM's Office, Mumbai Central. The notice further states that the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 eligibility in terms of Railway Board's instruction vide E(P&A)II/2009/RS-17 dt. 03.07.2019 (RBE No.108/2009). There will be Page 38 of 78 39 OA No.1035/2022 & 908/2022 common selection from LP (Mail), Loco Pilot (Pass), LP (Goods) who have completed 5 lakh kilometres of actual footplate duties have been defined in Board's letter No.E(P&A) II2007/RS14 dt. 12.02.2015) as Loco Pilots or have completed 10 years of actual services as Loco Pilots, whichever is earlier, would be eligible for selection through suitability (written examination) cum Seniority. The drafted Loco Pilot working as CC, PCR and TLC on dated can also apply for the selection provided they fulfil the eligibility criteria.
9. The above notice was revised with all terms and conditions of the Railway Board Guidelines dated 03.07.2019 stating that common selection from Loco Running Staff for filling up Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= the post of CLIs and CLIs (CCC, CPRC & CTLC). 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 LP (Mail), Loco Pilot (Pass), LP (Goods) would be eligible for selection through suitability Page 39 of 78 40 OA No.1035/2022 & 908/2022 (Written examination) cum-seniority. Based on the other examination provisional combined inter-se seniority of employees who have passed written test for selection for promotion to the post of Chief Loco Pilot in Level-7 in Mechanical Department dated 17.11.2022 (Annex-A-
2) was prepared. Thereafter, the provisional panel as per the seniority list dated 23.11.2022 (Annex-A-1) was issued.
10. Miss Mehandiratta submitted that the applicants are adversely affected by these combined seniority list. She would argue that the Loco Pilots are direct recruits and they cannot be combined with other Loco Pilots. She emphasized that the Loc Pilots are placed in separate block and those made ineligible to Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= apply for selection are now prejudiced for 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 selection to the post of CLI in the notification dated 12.07.2022. The length of service for Page 40 of 78 41 OA No.1035/2022 & 908/2022 selection for Loco Pilot is much lesser compared to the Motorman as Loco Pilot's experience for Running Cadre in the Grade Pay of Rs.4200/-, as for direct Motorman, this is their initial entry grade. Therefore, she submitted that the impugned provisional seniority list should be quashed and set aside and cadre of Motorman should be placed in separate block and over and above others as they are born in the cadre much earlier than LP Mail and others.
11. Mr. Walia, learned counsel appearing for the applicants in OA No.908/2022 submitted that the Motormen are being the direct recruit vis-à- vis the persons recruited in normal course as Assistant Loco Pilot (ALP) and on promotion become Loco Pilot (Pass) and the Loco Pilot Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= (Mail/Express) of Western Railway till 2014. 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Motorman was a special post for which they are recruited directly. Motorman having the higher Page 41 of 78 42 OA No.1035/2022 & 908/2022 qualification of Diploma in Electrical / Mechanical / Electrical Engineering / Electronics or Science Graduate with Physics as one of the main subject while the Assistant Loco Pilots required only a Matriculation Certificate. However, after 2014 there is no direct recruitment of Motorman. Last recruitment for direct Motorman was in 2010. They are Group 'C' employees and fall in the Electrical Department of the Railway while Loco Pilots come under the Mechanical Department of the Railway. In 2014, for the first time AVC was brought on 02.06.2014. 7 Motormen exercised option to opt in the combined cadre, later on they withdrew their option and came in a separate block.Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone=
12. Mr.Walia further submitted that there 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 are total 600 Motormen in the Bombay Central of Western Railway, out of which 160 are direct Page 42 of 78 43 OA No.1035/2022 & 908/2022 recruit Motormen, thus 25% Motormen are direct recruits. Prior to the 6th CPC, entry level Asst. Loco Pilots used to be Rs.3050-4590/-. In O.A.908/2022, there are only 3 applicants. Applicants No.1 and 2 are appointed on 26.07.1996 and applicant No.3 was appointed on 01.02.2001.
12.1. Learned counsel further submitted that eligibility for Chief Loco Inspector is 10 years of actual service or 5 Lakh Kilometres running experience whichever is earlier. For every post of CLI, 3 eligible candidates used to be called.
There are no additional marks for qualification. Date of entry into Grade Pay of Rs.4200/- should be the guiding principle. When selection was conducted, the applicant wrote a letter dated Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 14.11.2021 for issuance of combined seniority 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 list. However, by letter dated 05.05.2022 batchwise list of candidates for appearing in Page 43 of 78 44 OA No.1035/2022 & 908/2022 the written test was published and written test results were declared on 15.06.2022. 12.2. Learned counsel further contended that the applicants made 3 representations dated 24.11.2021, 18.05.2022, 06.06.2022 before publication of the result. The reply to the representations was given by the respondents vide letter dated 07.06.2022. He submitted that in the integrated list submitted on 11.11.2022, applicants were shown senior (page 79 of O.A.1035/2022, page 78 of O.A.908/2022). The applicants made RTI application in which it was clarified that Para 320 of IREM is the only Rule for combined seniority list. He submitted that the Motormen being the direct recruits and were put in the separate block till 2014, they cannot Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= be clubbed with the Loco Pilots in the combined 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 seniority list their seniority should be maintained by keeping them in the separate block Page 44 of 78 45 OA No.1035/2022 & 908/2022 and, therefore, impugned seniority list dated 09.11.2022 and impugned order dated 19.11.2022 should be quashed and set aside and promotion to the post of CLI should be based on Para 320 of IREM Vol.I and the respondents should be directed to issue a common inter-se seniority list on the basis of entry in Grade Pay of Rs.4200/-.
12.3. Mr.Walia submitted a copy of Western Railway letter dated 29.04.2014 regarding provisional seniority list of the Motorman of Electrical Traction Department to argue that till 29.04.2014 separate seniority list of Motorman was maintained. He further drew our attention to Railway Board letter No.RBE No.196/2019 dated 14.11.2019 on the subject Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= clarification regarding provision relating to 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 RRs of Loco Pilots, Shunters, Drivers (Mail & Express) and Loco Inspectors in IREM Vol.I and Page 45 of 78 46 OA No.1035/2022 & 908/2022 pointed out that Note 3 was inserted below Note 1 and 2 of Para 140 which says that the Loco Pilots and Sr. Motorman constitute separate and distinct cadres/seniority units within the overall classification of Loco running staff.
13. Mr.R.R. Shetty, learned counsel for respondents no.1 to 3 appearing in O.A.908/2022 has vehemently argued to dismiss the O.A. He submitted that the General Manager, Western Railway, issued letter No.E/EL/834/7-DCMM Vol V dated 02.06.2014 (Annex-A-4) in O.A.908/2022, on the subject of avenue of promotion of Loco Running Staff, BCT Division. It has been stated in the above letter that the issue of avenue of promotion to the post of Running Staff including that of Motorman/LP (EMU Services) on BCT Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Division has been examined in consultation with 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 both the recognized Unions i.e. WRMS and WREU at HQ level.
Page 46 of 78 47 OA No.1035/2022
& 908/2022 13.1. He submitted that before this policy decision of 02.06.2014, the direct recruit Motorman were in the separate block and they were coming under the Electrical Department, while the Loco Pilots were coming under the Mechanical Department. However, after 02.06.2014, both the cadres were put in the same block for consideration of promotion to the post of Chief Loco Inspector. He submitted that as per the above AVC chart, there are 3 feeder cadres for promotion to the post of Chief Loco Inspector namely Loco Pilot (Goods) in the BB-2 with GP-
4200; Loco Pilot (Passenger/(EMU), PB-2+GP Rs.4200/-; and Loco Pilot (Mail/Express), PB-2 + GP Rs.4200/-.
13.2. Mr.Shetty has further submitted that all Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 these 3 cadres and the Motorman are drawing the same Grade Pay of Rs.4200/-. The difference is only of running allowance depending upon their Page 47 of 78 48 OA No.1035/2022 & 908/2022 seniority which is Rs.500/- for Motormen and Rs.1000/- for Loco Pilot (Mail). When these AVC chart dated 02.06.2014 was issued, the Motormen were given option either to remain in the separate block or to opt for the common cadre. 7 Motormen gave option and then withdrew but one of the applicants gave option to remain in the common block. He submitted that the applicants have not challenged the above letter of 02.06.2014 regarding avenue of promotion which clubbed the Motorman and Loco Pilots in the same cadre. Therefore, without challenging the above letter and avenue of promotion the O.A. is not maintainable and requires to be dismissed with cost.
13.3. He further submitted that the above Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 letter dated 02.06.2014 in its enclosure attached the Modalities for filling the post of Loco Running Staff / Loco Pilot EMU services as per Page 48 of 78 49 OA No.1035/2022 & 908/2022 revised AVC which provides that Para 3 of the Modalities provides that while filling up the post of Loco Pilot (Passenger)/(EMU) combined notification for selection will be issued. The posting as Loco Pilot (Passenger)/EMU will be done as per order of preference exercised for posting as Loco Pilot (Passenger)/EMU, as far as possible and by way of seniority-cum-suitability, suitability being judged by way of selection or suitability as per the procedure in vogue at that time. The employees who fail in the Psycho Test, for Loco Pilot / EMU, will be posted as Loco Pilot (Passenger). The 10% quota of vacancies in EMU will be filled up from eligible staff. (Eligibility will be issued separately). For Mumbai division employees, existing training Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= programme from Goods to Passenger Drivers will be 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 suitably modified to include Loco Pilot /EMU training contents, to have one integrated cadre Page 49 of 78 50 OA No.1035/2022 & 908/2022 of LP (Passenger)/EMU. Administration can utilize Loco Pilot (Passengers) as Loco Pilot /EMU and vice-versa.
13.4. He submitted that the Motormen were running the EMU which are known as Electric Motor Units known as Loco Trains in Mumbai and vice-
versa. Para 5 of the above Modalities provided combined seniority will be made as per date of entry into Loco Pilot (Passenger/EMU on regular basis for promotion to the post of Loco Pilot (Mail Express), and on the basis of one time option given by directly recruited Loco Pilot / EMU.
13.5. Mr.Shetty argued that the applicants have not challenged the Para 5 of the above Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Modalities and, therefore, they cannot challenge Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 the seniority list now. Para 6 of the Modalities makes it clear that Loco Pilot (Goods) who become Page 50 of 78 51 OA No.1035/2022 & 908/2022 Loco Pilot /EMU after selection will have AVC as Loco Pilot Mail (Superfast Mail & Express Trains) in equivalent or higher posts subject to their having training in the relevant tractions (Diesel/Electric).
13.6. Mr.Shetty further submitted that the Running Staff and their seniority is governed by Para 140 of IREM Vol.I of 2020 which has not been challenged by the applicants. It was submitted that the Rule 140 of IREM deals with drivers and Loco Running Supervisor recruitment and training.
He submitted that Rule 140 contends 3 categories Loco Pilot (Goods) with GP of Rs.4200/-, Level 6 and provides that Motorman and Sr. Motorman got merged post 6th CPC and they are equivalent to Loco Pilot (Passenger), Loco Pilots (Passenger) Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 and Sr. Motorman with Grade Pay of Rs.4200/- (Level-6) and Loco Pilots (Mail/Express) are all Page 51 of 78 52 OA No.1035/2022 & 908/2022 put in the category of Level-6 in Grade Pay of Rs.4200/-.
13.7. Mr.Shetty would argue that it was a conscious decision of the Ministry of Railways to merge the cadre of Motorman and Loco Pilots in 6th CPC and they were made equivalent. Since the applicants have not challenged the statutory Rule No.140 of IREM they cannot challenge the combined seniority list now.
13.8. Mr.Shetty would submit that as per Para 5 of the Modalities for filling up the post of CLI, the Loco Pilot (Passenger)/EMU i.e. Motorman are at par and junior to Loco Pilot (Mail/Express). He further submitted that the IREM contends the Recruitment Rules which are Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso binding on all the Railways and Para 320 of IREM Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 has no application to the facts of the case at hand. He submitted that the Government of India, Page 52 of 78 53 OA No.1035/2022 & 908/2022 Ministry of Railways, Railway Board has issued instructions No.E(P&A)II-2009/RS-17 dated 03.07.2019 (Exh-R-4, page 208) on the subject of filling up the posts of Loco Running Supervisors (Chief Loco Inspectors and Chief Crew Controllers/Chief Power Controllers/Chief Traction Controllers)-modification thereof, which provides that for selection to the post of CLIs there will be a common selection from Loco Running Staff for filling up the post of CLIs.
He submitted that these rules have been issued by the Ministry of Railways are at par with the rules issued under Article 309 of the Constitution. Therefore, we were required to meet the harmonious reading of Rule 320 of IREM and Rule 140 of IREM. He submitted that a Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= Motorman can never get seniority over Loco Pilot 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 (Mail/Express) who is senior in the hierarchy as per the AVC dated 02.06.2014.
Page 53 of 78 54 OA No.1035/2022
& 908/2022 13.9. Mr.Shetty argues that letter dated 02.06.2014 was an initiative to streamline the promotional avenue of Loco Running cadre in conformity to Railway Board's guidelines as contained in Para 140 of IREM Vol.I. The applicants who have preferred to remain in separate block in their own interest have themselves blocked for their regular promotion of Loco Pilot Mail and further. However, now whenever they volunteer themselves for combined promotion the post of Chief Loco Inspector, they by default have accept their parity at par with LPP/EMU in the avenue of promotion as contained in Para 140 of IREM Vol.I. 13.10. Mr.Shetty further submitted that the protection of service condition becomes baseless Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 whenever the direct recruitment Motorman volunteered themselves to consider them for any promotional post as it will be based on the terms Page 54 of 78 55 OA No.1035/2022 & 908/2022 and condition of the post in which they have applied. In the present case the selection of CLI is based on Para 140 of IREM. The separate claim of direct recruit Motorman for promotion to the post of Chief Loco Inspector (Electrical)has already been fulfilled after compliance of Hon'ble CAT Mumbai judgment in O.A.No.493/2014 dated 17.10.2014 and Hon'ble High Court Mumbai order in W.P.No.1687/2015 dated 20.11.2017 by filling up the exclusive vacancies of Chief Loco Inspector (Motorman) from among direct recruit Motorman vide OM No.E/Sel Cell/48/18/E/ELT/1025/2/5 Vol. II dated 19.10.2018. Hence in the present combined selection of CLI, the applicants cannot retain their isolated separate block status after Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= volunteering themselves to consider them in the 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 combined selection for promotion to the post of CLI as by doing so they have by default have Page 55 of 78 56 OA No.1035/2022 & 908/2022 accepted the regular terms and conditions of avenue of promotion and their parity with LPP/EMU thereby their block status disappears. 13.11. Mr.Shetty further submitted that the Avenue of Chart (AVC) for promotions as contained in Para 140 of IREM for Running Category equally applies to applicants who are direct recruit Motormen opted to remain separate block for determining seniority. He submitted that the applicants cannot allowed to approbate and reprobate when it comes to remain in separate block and then appearing for the combined examination of CLI. He placed reliance on the judgment of Hon'ble Supreme Court in the case of Workmen Through The Joint Secretary (Welfare), Food Corporation of India Executive Staff Union Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 vs. Employer In Relation To The Management Of The Food Corporation Of India and Another, (2023) 8 Page 56 of 78 57 OA No.1035/2022 & 908/2022 SCC 116, wherein the Hon'ble Supreme Court in Para 16 held as under:-
"16. In Union of India v. N. Murugesan, this Court pointed out that the phrases "approbate" and "reprobate" mean that no party can be allowed to accept and reject the same thing, as the principle behind the doctrine of election is in-
built in the concept of approbate and reprobate, that is, a person cannot be allowed to have the benefit of an instrument while questioning the same. It was noted that an element of fair play is in-built in this principle and it is a species of estoppel dealing with the conduct of a party."
13.12. Mr.Shetty has placed reliance on the judgment of Hon'ble Supreme Court in the case of State of Tripura & Ors. Vs. Nikhil Ranjan Chakraborty & Ors., 2017 (3) SCC 646, in which it was held that a candidate has no right to be Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= considered in the light of the existing rules, Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 namely, "rules in force on the date" the consideration takes place and that there is no rule of absolute application that vacancies must Page 57 of 78 58 OA No.1035/2022 & 908/2022 invariably be filled by the law existing on the date when they arose. Thus, he would argue that when the vacancies were being filled up, Rule 140 of IREM of 2020 was in operation and, therefore, the applicants are governed by Para 140 of IREM. 13.13. Mr.Shetty further drew our attention to Railway Board letter No.E(P&A)II/2023/RS-8-
Part(1) dated 13.05.2024 on the subject of fixation of pay of running staff on promotion to the General Posts-case of Chief Loco Inspectors (CLIs)-Clarification regarding, which says that the references were received from Federations and some of the Zonal Railways regarding applicability of these instructions for the purpose of fixation of pay of running staff on their promotion/appointment to the post of CLI Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 through 'General Selection'. The Board after due consideration has advised that the case of promotion/appointment of running staff to the Page 58 of 78 59 OA No.1035/2022 & 908/2022 post of CLI through 'General Selection's is entirely different from the case of employees whose promotion/appointment has taken place to the posts through 'General Selection' as contained in Board's letter dated 20.02.2023 (RBE No.34/2023). The post of Chief Loco Inspector (CLI) is exclusively filled from amongst the Running staff, for which specific instructions regarding reckoning of 30% pay element for fixation of pay on promotion/appointment to the post of CLI, already stand issued vide para-5 of Board's letter dated 03.07.2019 (RBE No.108/2019) and the same should be followed.
13.14. Mr.Shetty further submitted that it makes clear that this was applicable to running staff which includes the Motorman. This letter Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 has also not been challenged. He further submitted that the applicants have not impleaded Page 59 of 78 60 OA No.1035/2022 & 908/2022 all the affected persons and, therefore, the O.A. suffers from non-joinder of parties.
14. Mr.Vishal Shirke, learned counsel appearing for private respondents in OA.908/2022 drew out attention to the decision of Coordinate Bench of CAT, Ahmedabad in O.A.No.235/2015 [Mr. Ashok R. Patel & Ors. Vs. Union of India, through The Chairman, Railway Board, Rail Bhavan, New Delhi & 11 Ors.], wherein a similar issue was raised and the Tribunal was pleased to dismiss the O.A. of the applicant. Mr.Shirke would submit that since the Coordinate Bench of Tribunal at Ahmedabad has decided the similar issue, therefore, the issue is no more res-integra and the O.A. is liable to be dismissed with cost. Mr.Shirke draw our attention Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= to the 3 Judges Bench of the State of Himachal Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Pradesh and Others vs. Raj Kumar and Others, (2023) 3 SCC 773, wherein it was held that it is a settled proposition of law that a candidate has right to Page 60 of 78 61 OA No.1035/2022 & 908/2022 be considered in the light of existing rules, which implies the "rule in force" as on the date consideration takes place. Therefore, he would argue that the applicants have no case as they are covered by Rule 140 of IREM and, therefore, prayed for dismissal of the O.A.
15. The short issue involved for consideration is whether the direct recruit Motorman can be kept in a separate block and assigned separate seniority for consideration to the post of CLI or to be clubbed with the running staff of Loco Pilot and should be assigned the combined seniority.
15.1. While the argument of learned counsels Ms.Priyanka Mehndiratta and Mr.Walia for the applicants is that direct recruit Motorman have Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 higher qualification and entered in the service in the Grade Pay of Rs.4200/- they are senior to the Loco Running Staff i.e. Loco Pilots and they Page 61 of 78 62 OA No.1035/2022 & 908/2022 are governed by Para 320 of IREM, they are governed by Para 140 of IREM and thereafter harmonious reading of Para 140 and Para 320 of IREM. The counsel for the respondents and private respondents argued that once the General Manager, Western Railway has issued the AVC dated 02.06.2014 and the same was held to be in accordance of the Railway Board instructions which have the force of statutory rules issued under Article 309 of the Constitution, they cannot be assigned a separate seniority for eligibility to the posts of CLI and kept on higher pedestal than the Loco Pilot as they have neither challenged the AVC dated 02.06.2014 nor the Railway Board's instructions.
16. The undisputed facts are that the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= General Manager, Western Railway issued avenue of 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 promotion of Running Staff of BCT Division dated 02.06.2014 which was for the combined cadre of Page 62 of 78 63 OA No.1035/2022 & 908/2022 running staff including that of Motorman/Loco Pilot (EMU Service) after consultation with both the recognized unions i.e. WRMS and WREU at Headquarter level. It will be helpful to reproduce the same herein as under:-
"(A) AVC CHART:
The revised AVC chart of Loco Running Staff-BCT Divn.:
LOCO PILOT (MAIL/EXPRESS) Rs9300-34800+GP-4200 with Rs.1000/- allowance P.M. LOCO PILOT (PASSENGER/(EMU) Rs9300-34800+GP-4200 with Rs.500/- allowance P.M.* LOCO PILOT (GOODS) (Rs9300-34800+GP-4200) SHUNTER GR.I (Rs9300-34800+GP-4200) SHUNTER GR.II (Rs5200-20200+GP-2400) SR. ASST. LOCO PILOT (Rs.5200-20200+GP-2400) ASST. LOCO PILOT ** Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 (Rs5200-20200+GP-1900) FOOTNOTE d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 10% of vacancies of Loco Pilot (EMU) will be filled up from eligible staff. Eligibility will be issued separately.
Page 63 of 78 64 OA No.1035/2022
& 908/2022 **Recruitment from DR & Promotion Quota as per para 137 of IREM.
(B) Existing Directly Recruited Motormen:
a) will be kept in a separate block,
b) will be given one time option to merge in Loco Pilot (Passenger/(EMU),
c) Posts vacated by them shall be merged with Loco Pilot (Passenger)/EMU, as and when the existing incumbent retires or vacates the post. (C) This AVC is to be read alongwith Modalities as enclosed."
17. We find that the letter dated 29.04.2014 regarding seniority list of N.G. staff of Electrical Traction Department-BCT Division, relied upon by Mr.Walia, the same was issued prior to issuance of AVC dated 02.06.2014 and, therefore, it cannot be applied to the selection after 02.06.2014. Regarding his submission about the Railway Board's letter RBE No.196/2019 dated 14.11.2019, the same was issued for addressing Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso the anomaly on fixation of pay of CLIs appointed Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 prior to 01.01.2016 with reference to their junior appointed after 01.01.2016 and drawing Page 64 of 78 65 OA No.1035/2022 & 908/2022 more pay then their seniors and has nothing to do with the selection of Chief Loco Inspectors and maintenance of seniority for the said post.
18. The above avenue of promotion of Loco Running Staff by the Western Railway, Headquarter not being challenged by the applicants. We may mention that the Motormen, also known as Running Staff of EMU service are peculiar to the Western Railway and Central Railway as they run the suburban trains. Only 160 out of 600 Motormen are direct recruits. Remaining 440 Motormen have come from Assistant Loco Pilot category. Thus, the claim of the applicants that they are superior to Loco Pilots cannot be accepted.
While the Loco Pilots run the goods train, passenger trains and Mail and Express trains, Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 all of them are in the PB-2 and in the Grade Pay of Rs.4200/-. All of them constitute feeder cadre for promotion to the post of CLI after Page 65 of 78 66 OA No.1035/2022 & 908/2022 fulfilling the required number of kilometers run by them. As per the AVC dated 02.06.2014, they were given one time option to merge in Loco Pilot (Passenger)/EMU. The admitted fact is that the applicants have not challenged this letter.
19. We find that Rule 140 of IREM Vol.I provides as under:-
"IREM Rule No.140: DRIVERS & LOCO RUNNING SUPERVISORS - IREM Vol-I, Chapter-I, Section-B, Sub- section-III: Recruitment and Training (III) TRANSPORTATION (POWER) DEPARTMENT (V) DRIVERS & LOCO RUNNING SUPERVISORS
140. The classes included in this group and their channels of promotion are as given below:-
(a) LOCO PILOTs (GOODS) GP Rs.4200 (LEVEL-6) (Motorman & Sr.Motorman got merged post 6 th CPC & they are equivalent to Loco Pilot (Passenger) Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 LOCO PILOTs (PASSENGER/SENIOR MOTORMAN GP d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Rs.4200 (LEVEL-6) LOCO PILOTs (MAIL)
(b) CHIEF LOCO INSPECTORS Page 66 of 78 67 OA No.1035/2022 & 908/2022 Note-1: The posts in the category of Loco Pilot (Goods) are ordinarily filled by selection from Loco Pilot (Shunting). However, in the event of non-availability of Loco Pilot (Shunting), General Managers can approve selection from ALP cadre also for posting as LP (Goods) in terms of RBE No.101/2008, subject to conditions stipulated therein.
Note-2: The posts of Chief Loco Inspector are filled as per procedure prescribed in Railway Board's letter No.E(P&A)II-2009/RS-17, dated 03.07.2019 (RBE No.108/2019).
(c) The posts of Power Controller & Chief Power Controller/Traction Loco Controller & Chief Traction Loco Controller will form part of the Loco Pilot posts in Level-6 as listed in (a) above. These posts will be filled up by deputation from among suitable optees as provided in Board's letter No.E(P&A)II-2009/RS-17 dated 03.07.2019 (RBE No.108/2019).
Note-3: For the purpose of selection/promotion and pay fixation, it is made clear that each of the functional categories of Loco Pilot (Goods), Loco Pilots (Passengers)/ Sr.Motorman, Loco Pilot (Mail) etc., constitute separate and distinct cadres/ seniority units within the overall classification of Loco Running Staff.
[Authority: Railway Board's letter No.E(NG)I- 2019/PM7/5, dated 14.11.2019 (RBE No.196/2019) ACS No.270)]"
Digitally signed by Milan Jackson Alphanso
20. The respondents are relying on the above DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 Rule 140 of IREM. It will be helpful to reproduce Rule 320 of IREM which is being relied Page 67 of 78 68 OA No.1035/2022 & 908/2022 upon by the applicants. The same is extracted herein as under:-
"320. Relative Seniority of Employees in an Intermediate grade Belonging to Different Seniority Units Appearing for a Selection/Non-selection Post in Higher Grade.
When a post (selection as well as non-
selection) is filled by considering staff of different seniority units, the total length of continuous service in the same or equivalent grade held by the employees shall be the determining factor for assigning inter-seniority irrespective of the date of confirmation of an employee with lesser length of continuous service as compared to another unconfirmed employee with longer length of continuous service. This is subject to the proviso that only non-
fortuitous service should be taken into account for this purpose.
Note:- Non-fortuitous service means the service rendered after the date of regular promotion after due process."
Digitally signed by Milan Jackson AlphansoDN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0
21. The plain reading of both the Rules i.e. Para 140 and Para 320 of IREM makes it clear that Page 68 of 78 69 OA No.1035/2022 & 908/2022 while Para 140 of IREM deals it specifically with the Running Supervisors and says that the classes included in this Group and their channel of promotion are Loco Pilot (Goods), Loco Pilot (Passenger) and Loco Pilot (Mail). Class 'A' which is Loco Pilot (Goods) with Grade Pay of Rs.4200/- (Level-6) also contains that [(Motorman & Sr.Motorman got merged post 6th CPC and they are equivalent to Loco Pilot (Passenger)]. This Para has been issued by the Authority of Railway Board's letter No.E(NG)i-2019/PM7/5, dated 14.11.2019 (RBE No.196/2019)(ACS No.270).
Admittedly, the applicants have not challenged this Para i.e. Rule 140 which specifically deals with them and classifies them along with Loco Pilot (Goods) in the Grade Pay of Rs.4200/-. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0
22. The applicants have not challenged the AVC dated 02.06.2014 issued by the General Manager, Western Railway. Thus, the cause for Page 69 of 78 70 OA No.1035/2022 & 908/2022 issue of provisional seniority list is AVC dated 02.06.2014 and Rule 140 of IREM and impugned provisional seniority lists are only consequence of it. The Hon'ble Supreme Court in the case of Amarjeet Singh and Others vs. Devi Ratan and Others, (2010) 1 SCC 417 has held that where the promotions had been made by 2 different DPCs, different rules and different criterion have not been challenged the seniority list which is consequential to the promotions could not be challenged without challenging the promotions.
It will be helpful to extract the Paras 28 to 31 of the above judgment herein as under:-
"28. In the instant case, promotions had been made by two different DPCs held on 19.12.1998 and 22.1.1999. Both DPCs had made promotions under different Rules on different criterion and their promotions had been made with retrospective effect Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 with different dates notionally. In the writ petition before the High Court, the promotion of the appellants had not been under challenge. The seniority which is consequential to the promotions could Page 70 of 78 71 OA No.1035/2022 & 908/2022 not be challenged without challenging the promotions. Challenging the consequential order without challenging the basic order is not permissible.
(Vide P. Chitharanja Menon v. A. Balakrishnan). 29. In Roshan Lal v. International
Airport Authority of India the petitions were primarily confined to the seniority list and this Court held that challenge to appointment orders could not be entertained because of inordinate delay and in absence of the same, validity of consequential seniority could not be examined. In such a case, a party is under a legal obligation to challenge the basic order and if and only if the same is found to be wrong, consequential orders may be examined..
30. In H.V. Pardasani v. Union of India this Court observed that: (SCC p. 473, para 9) "9. ... If the petitioners are not able to establish that the Digitally signed by Milan Jackson Alphanso determination of their seniority is wrong and they have been prejudiced DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 by such adverse determination, their ultimate claim to promotion would, indeed, not succeed."
Page 71 of 78 72 OA No.1035/2022
& 908/2022 A similar view had been reiterated by this Court in Govt. of Maharashtra v. Deokar's Distillery.
31. These appeals are squarely covered by the aforesaid judgments. We are of the considered opinion that in absence of challenge to the promotion of the appellants, relief of quashing the consequential seniority list could not have been granted."
23. Therefore, the claim of the applicants cannot be sustained. The post of CLI for which the claim is being made is a Supervisory post for which the feeder cadre are Loco Pilots as well as Motorman. While the Rule 140 of IREM specifically deals with Drivers and Loco Running Supervisors, Rule 320 is a general rule which provides that when a post (selection as well as non-selection) is filled by considering staff of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' different seniority units, the total length of Foxit PDF Reader Version: 2024.4.0 continuous service in the same or equivalent grade held by the employees shall be the Page 72 of 78 73 OA No.1035/2022 & 908/2022 determining factor for assigning inter-seniority irrespective of the date of confirmation of an employee with lesser length of continuous service as compared to another unconfirmed employee with longer length of continuous service. Thus, a comparison between the confirmed employee and that of unconfirmed employee. Therefore, Para 320 has no application to the facts of the case at hand.
24. We find a Three Judge Bench of Hon'ble Supreme Court in the case of State of Himachal Pradesh and Others vs. Raj Kumar and Others, (2023) 3 SCC 773 in their judgement dated 20th May, 2022 has held that it is a settled proposition of law that a candidate has right to be considered in the light of the existing rules, Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 which implies the "rule in force" as on the date consideration takes place. The right to be considered for promotion occurs on the date of Page 73 of 78 74 OA No.1035/2022 & 908/2022 consideration of eligible candidates. For the sake of convenience, para Nos.82.2 to 85.1 of the judgement are extracted herein as under:
"82.2 It is now a settled proposition of law that a candidate has a right to be considered in the light of the existing rules, which implies the "rule in force" as on the date consideration takes place. The right to be considered for promotion occurs on the date of consideration of the eligible candidates. 82.3 The Government is entitled to take a conscious policy decision not to till up the vacancies arising prior to the amendment of the rules. The employee does not acquire any vested right to being considered for promotion in accordance with the repealed rules in view of the policy decision taken by the Government. There is no obligation for the Government to make appointments as per the old Rules in the event of restructuring of the cadre is intended for efficient working of the unit. The only requirement is that the policy decisions of the Government must be fair and reasonable and must be justified on the touchstone of Article 14.
82.4 The principle in Y.V. Rangaiah v. J. Sreenivasa Rao, (1983) 3 SCC 284 need not be applied merely because posts were created, as it is not obligatory for the appointing authority to fill up the posts immediately.Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 82.5 When there is no statutory duty cast upon the State to 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 consider appointments to vacancies that existed prior to the amendment, the State cannot be directed to consider the cases. Page 74 of 78 75 OA No.1035/2022
& 908/2022
83. The above referred observations made in the fifteen decisions that have distinguished Rangaiah case demonstrate that the wide principle enunciated therein is substantially watered-down. Almost all the decisions that distinguished Rangaiah hold that there is no rule of universal application to the effect that vacancies must necessarily be filled on the basis of law that existed on the date when they arose. This only implies that decision in Rangaiah is confined to the facts of that case.
84. The decision in Deepak Agarwal Vs. State of U.P., (2011) 6 SCC 725 is a complete departure from the principle in Rangaiah inasmuch as the Court has held that a candidate has a right to be considered in the light of the existing rule. That is the rule in force on the date the consideration takes place. This enunciation is followed in many subsequent decisions including that of Union of India v. Krishna Kumar , (2019) 4 SCC 319. In fact, in Krishna Kumar Court held that there is only a "right to be considered for promotion in accordance with rules which prevail on the date on which consideration for promotion takes place."
85. The consistent findings in these fifteen decisions that Rangaiah's case must be seen in the context of its own facts, coupled with the declarations therein that there is no rule of universal application to the effect that vacancies must Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso necessarily be filled on the basis of rules which existed on the Alphanso date on which they arose, compels us to conclude that the Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 decision in Rangaiah is impliedly overruled. However, as there is no declaration of law to this effect, it continues to be cited as a precedent and this Court has been distinguishing it on some Page 75 of 78 76 OA No.1035/2022 & 908/2022 ground or the other, as we have indicated hereinabove. For clarity and certainty, it is, therefore, necessary for us to hold:
85.1. The statement in Y.V. Rangaiah v. J. Sreenivasa Rao that, "the vacancies which occurred prior to the amended Rules would be governed by the old Rules and not by the amended Rules", does not reflect the correct proposition of law governing services under the Union and the States under Part XIV of the Constitution . It is hereby overruled."
25. It is clear from the above judgment of the Hon'ble Supreme Court that the Rule prevalent as on the date of selection will be applicable even if the vacancies arose before the Rule was enacted. Admittedly, AVC was issued on 02.06.2014 and, therefore, for the selection after 02.06.2014, the applicants will be governed by the above AVC.
26. We find that the similar issue came up Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= before the Ahmedabad Bench of this Tribunal in Oa 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 No.235/2015 [Mr. Ashok R. Patel & Ors. Vs. Union of India, through The Chairman, Railway Board, Rail Bhavan, New Delhi & 11 Page 76 of 78 77 OA No.1035/2022 & 908/2022 Ors.]. The Ahmedabad Bench vide order dated 23.08.2022 has held in paras 6 & 7 as under:-
"6. Heard the parties' counsel and gone through the records, and papers brought before us. Undisputedly, the communication dated 06.06.2014 (Annexure-A/1, colly) specifies the modalities for fitting up the posts of loco Running Staff/LP (EMU service) as per the revised AVC. It specifies the modality for combined seniority list. This merger has been impugned mainly on the apprehension of loss of promotional avenue and on the ground that the two cadres were not to be merged. However, we see that these two cadres were ordered to be merged mainly on the plea that elsewhere these two were the common cadre and not the respective ones. Further, such merger was not violative of provisions of rules/instructions.
7. At any rate, we also see that there was a provision to file objection to the combined seniority list, should an employee feel dissatisfied with it, which clearly affords an opportunity to the aggrieved employees to represent against the proposed move of combined seniority. A decision about maintenance or curation of a cadre is the prerogative of the employer and here, the respondents proposed to merge the two cadres on the grounds of their administrative/operational exigency and in our considered view, their decision per se does not suffer from any legal infirmity. Their steps of operationalizing the proposed merger has given opportunity to the affected persons to represent against it. Thus, it is not a case of not affording opportunity to represent; and the move has not been against provision of Para 140 of IREM. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Under this factual matrix, we do not find merit in the OA. OA Foxit PDF Reader Version: 2024.4.0 fails and is therefore dismissed. No costs." Page 77 of 78 78 OA No.1035/2022
& 908/2022
27. In view of the above facts and circumstances and the law laid down by the Hon'ble Supreme Court as well as the order of the Coordinate Bench in the case of Ashok R. Patel (supra), we do not find any infirmity in the impugned provisional seniority list dated 17.11.2022 and result dated 23.11.2022 and, therefore, the same does not call for any interference by this Tribunal. In view of the above facts the OAs deserve to be dismissed and are accordingly dismissed. Interim relief stands vacated.
28. There shall no order as to the costs.
29. All pending MAs, stand disposed of accordingly.
Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65= Milan Jackson 0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13 d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8 b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.07.15 17:06:59+05'30' Foxit PDF Reader Version: 2024.4.0 (Shri Krishna) (Justice M.G. Sewlikar) Member (A) Member (J) H/ma.
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