Central Administrative Tribunal - Patna
Samresh Kas Yap vs Railway on 6 August, 2025
1 OA No. 918/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA No.050/00918/2016
Reserved on: 28th July, 2025.
Pronounced on: 06.08.2025
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR. RAJVEER SINGH VERMA, MEMBER [J]
1. Samresh Kashyap, S/o Rajendra Prasad Singh, resident of Mohalla- Q.
No. 411/B, Railway New Colony, Post & P. S. Dish, District- Katihar.
2. Rajan Kumar Choudhary, S/o Rajendra Prasad Choudhary, resident of
Mohalla- Railway New Colony, Post & P.S. Dish, District- Katihar.
.......... Applicants.
By Advocate: - Sri S.K. Bariar.
-Versus-
1. The Union of India through Chairman, Railway Board, New Delhi.
2. The General Manager, North Frontier, Railway, Maligaon, Assam.
3. The Chief Personnel Officer, North Frontier, Railway, Maligaon, Assam.
4. The Chief Commercial Manager, North Frontier, Railway, Maligaon.
5. The Divisional Railway Manager, N.F. Railway, Katihar.
6. The Divisional Railway Manager (P), N.F. Railway, Katihar.
7. The Additional Divisional Railway Manager, N.F. Railway, Katihar.
8. The Assistant Personnel Officer-III, North Frontier Railway, Katihar
........ Respondents.
By Advocate: -. Shri M.D. Dwivedi.
ORDER
Per:- Rajveer Singh Verma, Member [J]
1. Instant OA has been filed by the applicant for the following reliefs:
"(i) The letter-dated 29.03.2016 (Annexure-A/11) and 04.11.2016 (Annexure- A/12) may be treated illegal and be quashed and set aside.
(ii) The applicants humbly pray that respondents may be directed to grant promotion to them to the post Head of TTE/TTI in the pay scale Rs. 5000-8000 w.e.f. 01.11.2003 instead of 12.03.2010 and further be promoted to the post of CTTI in the Grade Pay Rs. 4600 w.e.f. 01.1.2013 i.e. from the date of their junior promoted.
(iii) Any relief/reliefs may be granted to the applicant for ends of the justice."
2. There are two applicants in this OA. The brief facts of the case of the applicants as narrated by them in the OA are that they were initially appointed as Ticket Collector (TC) in pay scale Rs 3050-4590 and BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 2 OA No. 918/2016 promoted to the post of Travelling Ticket Examiner (TTE) in the Pay Scale Rs. 4000-6000. At present they are working as Head Travelling Ticket Examiner (now re-designated as Travelling Ticket Inspector) in the pay scale of Rs. 5000-8000 (Grade Pay Rs 4200) w.e.f. 12.03.2010.
3. That the Railway Board had issued a circular RBE No. 177/2003 dated 09.10.2003 for Re-structuring of certain Group-"C" and "D" Cadre w.e.f. 01.11.2003. The Cadre of Ticket checking staff was also in the Re- structuring Scheme. The General Manager (P) had communicated the Circular RBE No. 177/2003 to all concerned officials vide letter dated 30.10. 2003. (Annexure-A/1).
4. It is also stated by the applicant that as per the Railway Board's Circular RBE No. 177/2003 dated 09.10.2003, the promotion would be given w.e.f. 01.11.2003 under Re-structuring Scheme on the basis of seniority after following the reservation policy.
5. That the respondents had notified the vacancies of 74 posts of Head TTE (UR-58, SC-9 and ST-7) in the pay scale of Rs. 5000-8000 on 21.06.2004. In the notification dated 21.06.2004, a readiness list of TTE was issued as per seniority for selection to the post of Head TTE in the pay scale of Rs. 5000-8000. The applicants were at serial no. 58 and 62 respectively in the readiness list of TTE dated 21.06.2004. (Annexure-A/2).
6. That the respondents had promoted 66 TTEs vide office order dated 08.12.2004 (Annexure-A/3) to the post of Head TTE in the Pay scale of Rs. 5000-8000 w.e.f. 01.11.2003 under Restructuring Scheme. But applicants were not promoted under Re-structuring Scheme as per Railway Board BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 3 OA No. 918/2016 Circular RBE No. 177/2003, since many juniors' persons were promoted to the post of Head TTE.
7. It is stated by the applicant that the respondent had wrongly promoted the 12 SC and 08 ST employees to the post of Head TTE and most of them were junior to the applicants, the promotion was made excess from their reservation quota marked for SC and ST. As per the roster point, only 07 SC and 03 ST should have been promoted to the post of Head TTE under the Re-structuring Scheme 2003. That the department had wrongly and intentionally treated the promotion under Re-structuring Scheme 2003 as promotion by selection on merit only to promote the certain persons on extraneous consideration, though under the Restructuring scheme, there is promotion to the higher post on the basis of seniority with reservation roster point of SC and ST.
8. That as per the seniority position mentioned in the letter dated letter 21.06.2004, the respondents had promoted from the serial no. 01 to serial no.52 (Mahesh Dubey) (Annexure-A/2) as per seniority with reservation roster point of SC and ST and thereafter, they had taken SC and ST from lower of the seniority list without following the roster point.
9. That the department had given more than 30% reservation to the SC and ST employee while granting promotion under Re-structuring Scheme 2003 which was against the provisions mentioned in Re-structuring Scheme.
10. It is further stated that the respondents had promoted 20 SC and ST against 66 posts of Head TTE under the restructuring scheme, it became 30.3% reservation for SC and ST which was wrong and illegal. BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA No. 918/2016
11. The applicants had submitted several representations dated 28.12.2004, 10.02.2005. 15.02.2005 etc. immediately after promotion under Re-structuring but no action had been taken in this regard.
(Annexure-A/4, A/5 series, A/6 & A/7.
12. That the applicants were selected and promoted to the Head TTE (now re-designated as Travelling Ticket Inspector) in the pay scale of Rs. 5000-8000(Grade Pay Rs.4200) vide Office Order No. 30/2010 dated 12.03.2010 after seven years of promotion of juniors under Re-structuring scheme. The applicants were at serial no. 3 and 4 of the promotion order dated 12.03.2010.
13. It is further submitted that without deciding the representation of the applicants, the respondents had again granted promotion under Re- structuring scheme to the juniors of the applicants from the post of Travelling Ticket Inspector with the Grade Pay Rs.4200 to the post of Chief Travelling Ticket Inspector with the Grade Pay Rs.4600 w.e.f. 01.11.2013 vide Office Order date 27.04.2015. (Annexure-A/8).
14. It is also stated by the applicants that the office of General Manager had directed the competent authority vide letter dated 31.07.2015 and 10.09.2015 to examine the issue regarding irregularities in considering promotion from TTE to Head TTE in scale of 5000-8000/- against 2003 Re-structuring scheme. (Annexure A/9 & A/10).
15. It is further stated that the office of General Manager, Maligaon Division, i.e. office of DRM(P), Katihar had passed one line order on 29.03.2016 (Annexure-A/11) against the representations of the applicants, by stating therein that they had granted reservation in promotion under Re- BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 5 OA No. 918/2016 structuring scheme 2003 and 2013 as per policy laid down by the Railway Board. That applicants filed Appeal before the respondent authorities which was rejected vide order dated 04.11.2016 (Annexure-A/12).
16. That it is further pleaded by the applicants that the granting the reservation in promotion by the respondents vide order of promotion dated 27.04.2015 from the Head TTE/TTI with Grade Pay Rs. 4200 to post of CTTI with Grade Pay Rs. 4600 w.e.f. 01.11.2013 is against the mandate of Hon'ble Supreme Court. It is settled by the Hon'ble Supreme Court that no reservation would be given in promotion. Hence, the OA.
17. Respondents have filed written statement wherein it has been stated that in terms of Railway Board's Letter No. PC-III/2003/CRC/6 dated 09.10.2003 vide RBE No. 177/2003, the restructuring of certain grade - C & D cadre was implemented w.e.f. 01.11.2003 and it is stated that this restructuring scheme was not to be implemented on the basis of seniority.
18. It is stated that in terms of para -4 of letter dated 09.10.2003 (Annexure-A/1), after following the due procedures, a selection for 74 posts was notified, (UR-58, SC-09, ST-07) on the basis of 1x3 formula vide office letter no. EG/491/TTE/Selection/72(T)/Pt. dt. 21.06.2004, in which total available 133 candidates were asked to keep in readiness in which the names of applicants were being figured at Sl. No. 58 & 62.
19. That in reply to para no. 4.5 of the Original Application, it is stated and submitted that in terms of RB's letter no. PC-III/2003/CRC/6 dt. 06.01.04, the classification was relaxed in terms of para-4 of letter dated 09.10.2003 which reads as follows:-
BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 6 OA No. 918/2016 "The existing classification of the posts covered by these orders as 'selection and 'non-selection', as the case may be, remains unchanged. However, for the purpose of implementation of these orders, if an individual Railway servant becomes due for promotion to a post classified as a 'selection' post, the existing selection procedure will stand modified in such a case to the extent that the selection will be based only on scrutiny of service records and confidential reports without holding any written and/or viva-voce test".
20. The selection notified on dt. 21.06.2004 was cancelled vide office letter no. EG/491/TTE/Selection/72(T)/ Pt.II dated- 12.07.2004. In compliance of RB's letter dt. 06.01.04, modified selection was processed to fill up chain/resultant vacancies. Calculation of vacancies is shown as below:
Sanction OR Existing vacancy Resultant vacancy as Net vacancy 77 56 21 On 01.11.03 21+45=66 18+27=45 (Due to increase in post of CTTI=18 and TTI=27 Shortfall Existing vacancy Break up SC ST SC ST SC ST UR 3 4 6 2 9 6 51 Accordingly, a panel of 66 candidates was drawn after due process of modified selection vide office memorandum even no. dt. 25.10.2004. In this panel, 09 SC candidates and 06 ST candidates were empaneled against reserved post. (Annexure-R/1.
21. It is further stated that only 09 SC candidates and 06 ST candidates were promoted against SC/ST on the basis of roster points. In terms of RB's letter No. 99-E(SCT)1/25/13 dt. 07.08.2002, it is stipulated that the SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will not be adjusted against the reserved points of reservation roster. They will be placed against un-
reserved points. It is also submitted that 03 SC candidates at Sl. No. 08, 11, BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 7 OA No. 918/2016 31 and 02 ST candidates at Sl. No. 13 & 21 of the letter dt. 25.10.2004 (Annexure-R/1) were within the normal zone of consideration. Therefore, these 03 SC & 02 ST candidates cannot be treated as SC/ST candidates as per RB's letter dt. 07.08.2002. (Annexure-R/2). That selection was made as per rule. 9. There were only 51 UR vacancies, but the name of applicants was at Sl. No. 58 and 62. There was no question of their promotion in the modified selection.
22. In reply to para no. 4.8 of the OA, it is submitted by the respondents that it is wrong to say that 30% reservation was extended to SC/ST candidates. As per calculation shown in para 7 of the written statement, the post was meant for 51 UR, 09 SC & 06 ST. There was no anomaly in adjusting senior most SC/ST candidates in the normal zone of consideration treating them as UR.
23. It is further submitted by the respondents that no representations of the applicants have been received in the office. In terms of RB's No. III/2013/CRC/4 dt. 08.10.13, restructuring of cadre of TC/TTE was implemented, 24 TTIs (UR-18, SC-04, ST-02) were promoted as CTTI w.e.f. 01.11.13 and 12 (UR-08, SC-01, ST-03) were promoted as CTTI with immediate effect. These posts were filled- up on the basis of seniority/suitability.
24. In regard to para 4.10 of the OA, it is submitted by the respondents that selection for the post of Head TTE in scale Rs. 5000-8000/- for 08 posts (UR-08, SC-Nil, ST-Nil) was notified vide this office letter dated 13.12.2005, in which, both the applicants appeared in the selection on 22.01.2006 (Annexure-R/3) but could not succeed vide office BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 8 OA No. 918/2016 memorandum dated 27.02.2006 (Annexure-R/4). However, both the applicants were promoted as per their turn as TTI on 12.03.2010 on the basis of seniority-cum-suitability as per AVC.
25. In reply to para 4.12 and 4.19 of the OA it is submitted by the respondents that in terms of RB's L/No.99-E(SCT)1-25/13 dt. 01.09.10, (Annexure-R/5) it is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation оr relaxation of qualification will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non- selection method. This promotion has been made after following the due procedure of extant rule.
26. In reply to para 4.17 of the OA, it is submitted by the respondents that no excess SC/ST candidate has been promoted w.e.f. 01.11.03 and also 01.11.13. SC/ST candidates coming in the normal zone of consideration have been treated as UR as per RB's guideline as contained in letter dt. 07.08.2002 (Annexure R/2) and 01.09.2010 (Annexure R/5).
27. Rejoinder has been filed by the applicant wherein the similar pleadings have been made as mentioned in the OA. It is stated that as per the RBE No. 05/2004 dated 06.01.2004, the employees would be placed against the higher posts as per seniority existed on 01.11.2003 irrespective of employee is died or retired at the time of implementing of the Re-
structuring Scheme w.e.f. .01.11.2003 against the vacancies exited up to 01.11.2003. The vacancies, arose after 01.11.2003 till the implementation of the order of Re-structuring, shall be filled by modified selection based BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 9 OA No. 918/2016 on scrutiny of the service record without any written test and oral test and the promotion is to be given from date of joining to the promoted post.
28. It is further stated in the rejoinder that 21 vacancies of TTI/Head TT were also available on 01.11.2003 and it was to be filled up by Modified Selection Process i.e. as per service record only as one time exemption was granted for taking Written Test/Oral Test under Modified Selection Process as per RBE No. 5/2004 dated 06.01.2004.
29. That a panel of 83 TTE was published as per seniority on 21.06.2004 [Annexure-A/2] and the applicants stand at serial no.56 and 62 in the panel.
This panel was meant for taking written test which was against circular RBE No 177/2003 dated 09.10.2003 and RBE No. 5/2004 dated 06.01.2004 for the Restructuring of certain posts, but after protest of the employees, it was cancelled vide letter dated 12.07.2004.
30. That after cancellation of written test for promotion to the post of TTI/Head TT vide letter dated 12.07.2004, the respondents had issued a panel of 66 employees on 25.10.2004 [Annexure-R/1 of WS] in order of seniority for the post of TTI/Head TT with Pay Scale 5000-8000 [GP Rs. 4200/-] and thereafter an order for upgradation of 45 TTE posts to HTT/TTI under re-structuring scheme 2003 and a promotion of 21 TTE to the post of TTI/Head TT under Modified Selection Process was issued on 08.12.2004 but applicants' name was not found place in the said promotion order dated 08.12.2004.
31. It is further stated by the applicant that respondents had taken 02 extra ST candidates under restructuring scheme. This action of the respondents to take 02 more ST candidates [Sr. No. 54 & 56 in promotion BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 10 OA No. 918/2016 order] under re-structuring is illegal and arbitrary as Sr. 54 in promotion order, a ST candidate, namely Pradhan Manjhi, should have been promoted under Modified Selection Process i.e. as per service record. Learned counsel for applicant prays to allow the OA.
32. We have considered submissions made by the rival parties and also perused the record.
Our Analysis
33. A panel of 83 TTE was published as per seniority on 21.06.2004 (Annexure A/2) and the applicants stand at serial no. 56 and 62 in the said panel. Since, this panel was published for written test which was found to be against circular RBE No. 177/2003 dated 09.10.2003 and RBE 05/2004 for Restructuring of certain posts, thus it was cancelled vide letter dated 12.07.2004.
34. In compliance of RB's letter dated 06.01.2004, modified selection was processed to fill up chain/resultant vacancies. Calculation of vacancies was as follows:-
Sanction OR Existing vacancy Resultant vacancy as Net vacancy 77 56 21 On 01.11.03 21+45=66 18+27=45 (Due to increase in post of CTTI=18 and TTI=27 Shortfall Existing vacancy Break up SC ST SC ST SC ST UR 3 4 6 2 9 6 51 Accordingly, a panel of 66 candidates was drawn after due process of modified selection vide office memorandum even no. dt. 25.10.2004. In BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 11 OA No. 918/2016 this panel, 09 SC candidates and 06 ST candidates were empaneled against reserved post.
35. It is the case of applicants that the respondent had wrongly promoted the 12 SC candidates and 8 ST candidates to the post of Head TTE and most of them were junior to them. As per the roster point, only 07 SC and 03 ST should have to be promoted to the post of Head TTE under the Re- structuring scheme 2003. Had only the 07 post SC and 03 ST been promoted as per the roster point of reservation, the applicants were easily promoted. The promotion of total 20 SC & ST against 66 posts of Head TTE under restructuring scheme is excessive reservation of 30.3% which was wrong and illegal.
36. On the other hand, the respondents stated that only 09 SC candidates and 06 ST candidates were promoted against SC/ST on the basis of roster points. In terms of RB's letter No. 99-E(SCT)1/25/13 dt. 07.08.2002, it is stipulated that the SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will not be adjusted against the reserved points of reservation roster. They will be placed against un-reserved points. It is pertinent to note here that 03 SC candidates at Sl. No. 08, 11, 31 and 02 ST candidates at Sl. No. 13 & 21 of the letter dt. 25.10.2004 (Annexure-R/1) were within the normal zone of consideration. Therefore, these 03 SC & 02 ST candidates cannot be treated as SC/ST candidates as per RB's letter dt. 07.08.2002.
37. In the modified selection, the vacancy calculation became as 51 UR, 09 SC, 06 ST. Perusal of panel of promotion of 66 TTE to the post of Head TTE indicates that there are 46 UR,12 SC and 8 SC employee. 51 posts BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 12 OA No. 918/2016 were for UR, thus 03 SC and 02 ST, i.e. total 05 of the reserved category staff was promoted against unreserved post by virtue of normal zone of consideration and were treated as general category.
38. From the above following issues are emerged for determination:-
(i) As to whether the SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualification will be adjusted against the reserved point of reservation roster?
(ii) As to whether the reservation in promotion is to be provided on the bass of vacancy or it should be applied to the posts.
(iii) As to whether the Respondents committed any error in issuance of promotion order dated 08.12.2004 (Annexure-3).
(iv) As to whether the claim/prayer of the applicants to accord promotion to the post of Head TTE w.e.f. 01.11.2003 and further to promote them to the post of CTTI w.e.f. 01.01.2013 are having any basis or reasonable?
39. The Railway Board had issued a circular RBE No.177/2003 dated 19.10.2003 for Restructuring of certain Group 'C' and 'D' cadre w.e.f. 01.11.2003 (Annexure-A/1). It is mentioned at para 14 of the said circular that "14. The existing instructions with regard to reservation of SC/ST wherever applicable will continue to apply."
40. The Railway Board had issued a circular, RBE No. 128/2002 dated 07.08.2002 on the subject: Reservation in Promotion-Treatment of SC/ST candidates promoted on their own merit. The same is reproduced below: -
BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 13 OA No. 918/2016 "The Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training vide their O.M. No. 36028/17/2001-Estt. (Res.) dated 11.07.2002 have considered the refernces from various Ministries regarding adjustment of SC/ST candidates promoted on their own merit in post based reservation rosters and clarified as under.-
(i) The SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will not be adjusted against the reserved points of the reservation roster. They will be adjusted against unreserved points.
(ii) If an unreserved vacancy arises in a cadre and there is any SC/ST candidate within the normal zone of consideration in the feeder grade, such SC/ST candidate cannot be denied promotion on the plea that the post is not reserved. Such a candidate will be considered for promotion along with other candidates treating him as if he belongs to general category.
In case he is selected, he will be appointed to the post and will be adjusted against the unreserved point.
(iii) SC/ST candidates appointed on their own merit (by direct recruitment or promotion) and adjusted against unreserved points will retain their status of SC/ST and will be eligible to get benefit of reservation in future/further promotions, if any.
(iv) 50% limit on reservation will be computed by excluding such reserved category candidates who are appointed/promoted on their own merit. All the Zonal Railways/Production Units may bring the contents of DOP&T OM dated 11.7.2002 to the notice of all concerned for information and strict compliance.
41. Further, the Railway Board had issued a circular RBE No. 126/2010 dated 01.09.2020 on the subject: Reservation in Promotion-Treatment of BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 14 OA No. 918/2016 SC/ST candidates promoted on their own merit. The same is reproduced below: -
"The instructions on the above subject have since been reviewed by the Nodal Department i.e. DOP&T in the light of CAT/Madras order in OA No.900/2005(S. Kalugasalamoorthy Vis UOI & others), upheld by Hon'ble High Court/Madras (WP No. 15926/2007). Based on the decision communicated by DOP&T in the matter, it is now clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders shall take effect from 21.08.1997, the date on which post based reservation was introduced on Railways. However, the staff already promoted prior to issue of this letter may not be reverted. Shortfall in the category of SCs'/STs, if any, shall be made good through vacancies arising in future."
42. Till 1997, the rosters framed for giving effect to the policy of reservation were vacancy based. The Constitution Bench of the Hon'ble Supreme Court in R.K. Sabharwal and others Vs. State of Punjab and others [1995 (2) SCC 745] held that the rosters must be operated with reference to the posts and not the vacancies. Thereafter, the Government of India, Ministry of Railways (Railway Board) issued revised instructions vide Circular R.B.E. No.113/97 and prescribed post-based roster. These instructions were circulated vide letter No.95-E(SCT)1/49/5(1) dated 21.8.1997, the relevant portions of which are extracted below: - Circular No. 113/97
BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 15 OA No. 918/2016 "Under the existing instructions, vacancy based rosters have been prescribed in order to implement the Government's Policy relating to the reservation of jobs for the Scheduled Castes, Scheduled Tribes and other Backward Classes (OBCs). The application of reservation on the basis of these rosters was called in the question before the courts. The Constitution Bench of the Supreme Court in the case of R.K. Sabharwal vs. State of Punjab as well as Union of India vs. J.C. Malik has held that the reservation of jobs for Backward Classes SC/ST/OBCs should apply to the posts and not to the vacancies. The Court further held that the vacancy based rosters can operate only till such time as the representation of the persons belonging to the reserved categories, in a cadre, reaches the prescribed percentage of reservation. Thereafter, the rosters cannot operate and vacancies released by retirement, resignation, promotion etc. of the persons belonging to the general and the reserved categories are to be filled by the appointment of the person from the respective category so that the prescribed percentage of reservation is maintained. The courts also held that persons belonging to reserved categories, who are appointed on the basis of merit and not on account of reservation are not be counted towards the quota meant for reservation.
With a view to bring the policy of reservation in line with the law laid down by the Supreme Court, it has been decided that the existing 200 point and 100 point vacancy based rosters of direct recruitment shall be replaced by post based rosters. All the Zonal Railways, BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 16 OA No. 918/2016 Production Units and Associated Officers of the Railway Board should, therefore, prepare the rosters for Group C posts (where the minimum of scale of pay is Rs.1400 (RPS) and above) based on principles elaborated in the Explanatory notes given in Annexure I and illustrated in the Model Roster as given in Annexure II and Annexure III. Similarly, the concerned authorities may prepare rosters to replace the existing 100 point rosters in respect to local recruitment to Gr. C and Gr. D posts where the minimum of scale of pay is less than 1400 (RPS) and normally attracting candidates from a locality/region on the basis of the same principles. The principles for preparing the rosters elaborated upon in Explanatory notes are briefly recapitulated below:-
(a) The number of points in the roster shall be equal to the number of posts in the cadre. In the case there is any increase or decrease in the cadre strength in future, the rosters shall be expanded or contracted correspondingly.
(b) Cadre, for the purpose of roster, shall mean a particular grade and shall comprise the number of posts to be filled by a particular mode of recruitment in terms of the codal/manual provisions of Railway Board's instructions issued from time to time. Thus, in a cadre of say 200 posts where the recruitment rules prescribed a ratio of 50:50 for direct recruitment and promotion, 2 rosters one for direct recruitment and another for promotion (where reservation in promotion applies) each comprising 100 points shall be drawn up on the lines of the respective model rosters. The cadre also means the sanctioned BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 17 OA No. 918/2016 temporary posts, work charged posts. supernumerary posts, shadow posts in the grade."
[Emphasis added]
43. The nature and scope of Railway Board's power to make rules was considered by the Constitution Bench of the Hon'ble Supreme court in B.J. Vadera Vs. Union of India and others [1968(3) SCR 575] where in the Hon'ble Court held that the Railway Board and General Managers are empowered to frame rules for regulating the recruitment and conditions of services of the employees.
44. It is settled legal position that matters relating to creation and abolition of posts, formation and structuring/restructuring of cadres, prescribing the source/mode of recruitment and qualifications, criteria of selection, evaluation of service records of employees fall within the exclusive domain of the employer.
Our conclusions
45. The Hon'ble Supreme court in its judgment dated 29th July 2008 passed in Civil Appeal NO. 6934-6946 of 2005 titled as Union of India Vs. Pushpa Rani & others has held as under:-
"31. The framers of the Constitution were very much conscious and aware of the widespread inequalities and disparities in the social fabric of the country as also of the gulf between rich and poor and this is the reason why the goal of justice social, political and economic was given the place of pre-eminence in the Preamble. The concept of equality enshrined in Part III and Part IV of the Constitution has two different dimensions. It embodies the principle of non-discrimination [Articles 14, 15(1), (2) and 16(2)]. Αt the same time it obligates the State to take affirmative action for ensuring that unequals (downtrodden, oppressed and have-nots) in the society are BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 18 OA No. 918/2016 brought at a level where they can compete with others (haves of the society) (Articles 15(3), (4), (5), 16(4), (4A), (4B), 39, 39A and 41).
32. The legislative and administrative measures taken by the State for providing reservation of seats and posts in the field of education and employment are reflective of the affirmative action taken for achieving the goal of real equality. However, implementation and execution of such actions have continuously faced roadblocks at several stages. Those who had been benefited by the existing system cried foul and created the bogy of violation of their legal and constitutional rights. Almost all the actions taken by the State and its agencies for ameliorating the conditions of have-nots of the society by providing reservation were subjected to periodical judicial scrutiny. By and large, the Courts approved the affirmative actions of the State but on some occasions the policy of reservation or implementation thereof was found to be faulty and actions taken by the government have been nullified or sliced by judicial intervention.
33. Article 16(1) ensures that there shall be equality of opportunity in matters relating to employment or appointment. Clause (2) thereof declares that no citizen shall be treated ineligible or discriminated in respect of any employment or office under the State on the ground only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) enables the State to make provision for reservation in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State."
46. On the basis of above settled legal position and the circular of the Railways Board, the issues wise answers to the issue framed at areas under:-
(i) The SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will not be adjusted against the reserved points of reservation roster.
(ii) The reservation in promotion is to be based to the posts. The persons belonging to reserved categories, who are appointed on the basis of merit and not on account of reservation are not to be counted towards quota meant for reservation.
(iii) In view of answers of issue no.(i) and (ii) above, we found no apparent error in the order dated 08.12.2004 vide which the BINAY Digitally signed by BINAY PRASAD DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=GOVT, Phone= 2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0 19 OA No. 918/2016 respondents have granted promotion to 66 TTE to the post of Head TTE.
(iv) In view of answers of issues no. (i) to (iii) above, the claims/prayers of the applicants made in the instant OA are found to be without any basis and liable to be rejected.
47. In view of above analysis and conclusion, the OA is devoid of merits and liable to be dismissed. As a result thereof, OA is dismissed. No order as to costs.
[Rajveer Singh Verma] [Kumar Rajesh Chandra]
Member [J] Member [A]
BP/-
BINAY
Digitally signed by BINAY PRASAD
DN: C=IN, O="CENTRAL
ADMINISTRATIVE TRIBUNAL, PATNA
BENCH", OU=GOVT, Phone=
2db6d8b108d2bae82a01fa1fc5ce9758c 97b405890ef4c43b51f869dc13facc6, PRAS PostalCode=800001, S=Bihar, SERIALNUMBER= ba6d24fe3a3da3c5ae56c854485bed4fb 22387b16d77535b5f4b8222f07dde3c, CN=BINAY PRASAD Reason: I attest to the accuracy and AD integrity of this document Location:
Date: 2025.08.06 17:38:13+05'30' Foxit PDF Reader Version: 2025.1.0