Central Administrative Tribunal - Delhi
Ramesh Chand Meena vs North Delhi Municipal Corporation on 29 April, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA Nos. 1860/2016 (MA No. 134/2020) with
OAs 4276/18, 4308/18, 4309/18 & 4312/18
Reserved on: 20.04.2026
Pronounced on: 29.04.2026
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
OA No.1860/2016
Shri Ramesh Chand Meena,
S/o Shri Ram Swaroop,
8425, Arya Nagar, Patparganj,
New Delhi-110092
Versus
The Commissioner,
Municipal Corporation of Delhi,
9th Floor, Dr. SP Mukherjee Civic Centre,
JL Marg, New Delhi -02 - Respondent
OA No.4276/2018
1. C.S. Tiwari, JE (Civil),
Group 'C', Aged About 45 Years,
S/o Sh. Bhagwan Shai Tiwari R/o C-119,
Jawahar Park, Devali Road, Khanpur.
2. Bhagat Dayal, JE (Civil),
Group 'C', Aged About 48 Years,
S/o Sh. Ram Kishan R/o F-39,
UG Floor, Khanpur Ext. New Delhi-62
3. Kanwar Pal, JE (Civil),
Group 'C', Aged About 47 Years,
S/o Sh. Satpal Singh R/o A1/29,
Himgiri Enclave Sant Nagar, Burari, Delhi
4. Raj Kumar, JE (Civil), Group 'C',
Aged About 51 Years,
S/o Sh. Badle Ram R/o 6/5 MCD Flat,
Jheel Colony, Moder Town-III, Delhi
1
C=IN, O=CENTRAL ADMINISTRATIVE
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
TRIBUNAL PRINCIPAL BENCH, OU=Central
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Administrative Tribunal PRINCIPAL Bench,
LALIT
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
PostalCode=110001, L=Central Delhi, S=
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
Delhi, STREET="61/35, COPERNICUS
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
MARG, NEW DELHI 110001", Phone=
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
1691e77d6bb46ffa29a7730f1dd59157d516bf
c975f4995f26c0dfb2d8ceb8e7,
Working as Lab. Supdt.
GOSAIN
Sub Divisional Railway Hospital,
Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
d0d7b00332dcafe52e80b3bd671501cbb94fb
54e4a6d1b58cf7c355c3dc50deb, E=
[email protected], CN=LALIT GOSAIN
2026.04.29 15:32:17+05'30'
2
5. Sudesh Kumar, JE (Civil),
Group 'C', Aged About 53 Years,
S/o Sh. Kali Ram R/o Village - Firoz Pur Bangar,
PO-Kundal, Distt. Sonepat, Haryana
6. Parveen Kumar, JE (Civil),
Group 'C', Aged About 46 Years,
S/o Sh. Hardwari Lal R/o 12/496,
Kalyan Puri, Delhi-92
7. Avdhesh Kumar Sharma, JE (Civil),
Group 'C', Aged About 50 Years,
S/o Sh. C.L. Sharma R/o A-209,
Majlis Park Adarsh Nagar, Delhi-33
8. Narender Singh, JE (Civil),
Group 'C', Aged About 49 Years,
S/o Sh. Manni Lal, R/o Village Junaid Pur,
P.O Dhonri, Greater Noida,
Gautam Budh Nagar, U.P
9. G.P. Jaiswal, JE (Civil),
Group 'C', Aged About 50 Years,
S/o Sh. Gaya Chaudhary, R/o C-142,
New Ashok Nagar, Delhi-96
10. Rajender Kumar,
JE (Civil), Group 'C',
Aged About 51 Years,
S/o Sh. Umed Singh, R/o T-517/D-40,
Baljeet Nagar, Hill Marg,
New Delhi-110008 ..Applicants
Versus
1. North Delhi Municipal Corporation, through its
Commissioner, Civic Centre, New Delhi
2. South Delhi Municipal Corporation, through its
Commissioner, Civic Centre, New Delhi
3. East Delhi Municipal Corporation, through its
Commissioner, Udyog Sadan, Patpar Ganj Industrial Area,
Delhi-110092
4. The Assistant Commissioner (Engg.), North Delhi Municipal
Corporation, Civic Centre, New Delhi ...Respondents
1
C=IN, O=CENTRAL ADMINISTRATIVE
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
TRIBUNAL PRINCIPAL BENCH, OU=Central
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Administrative Tribunal PRINCIPAL Bench,
LALIT
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
PostalCode=110001, L=Central Delhi, S=
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
Delhi, STREET="61/35, COPERNICUS
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
MARG, NEW DELHI 110001", Phone=
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
1691e77d6bb46ffa29a7730f1dd59157d516bf
c975f4995f26c0dfb2d8ceb8e7,
Working as Lab. Supdt.
GOSAIN
Sub Divisional Railway Hospital,
Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
d0d7b00332dcafe52e80b3bd671501cbb94fb
54e4a6d1b58cf7c355c3dc50deb, E=
[email protected], CN=LALIT GOSAIN
2026.04.29 15:32:17+05'30'
3
OA 4308/2018
1. Sardar Singh, JE (Civil), Adhoc/LAC, Group 'C',
Aged About 55 Years,
S/o Late Sh. Khazan Singh, R/o 2/6, MCD Staff Qtrs.,
Andrews Ganj, South Extension, New Delhi
2. Khem Singh, JE (Civil), Adhoc/LAC, Group 'C',
Aged About 58 Years,
S/o Late Sh. Kalyan Singh, R/o 7-79,
Lodhi Colony, New Delhi
3. Rajvir Singh, JE (Civil), Adhoc/LAC, Group 'C',
Aged About 50 Years,
S/o Sh. Ram Bhagat Sharma,
R/o RZF-177/4, Gali No. 35,
Sadh Nagar, Palam Colony,
New Delhi-110045
4. Rameshwar Singh Meena, JE (C),
Adhoc/LAC, Gr. 'C',
Aged About 36 Years,
S/o Sh. C.P. Singh Meena,
R/o D-123/B, Rajiv Nagar,
Sec-22, Rohini, Delhi-110086
5. Devender Sharma, JE (C),
Adhoc/LAC, Group 'C',
Aged About 40 Years,
S/o Sh. C.R. Sharma,
R/o WZ-283/87, West Block,
Vishnu Garden, Street No. 2,
New Delhi-110018 ...Applicants
VERSUS
1. North Delhi Municipal Corporation,
through its Commissioner, Civic Centre,
New Delhi
2. South Delhi Municipal Corporation,
through its Commissioner, Civic Centre,
New Delhi
3. East Delhi Municipal Corporation,
through its Commissioner, Udyog Sadan,
Patpar Ganj Industrial Area, Delhi-110092
1
C=IN, O=CENTRAL ADMINISTRATIVE
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
TRIBUNAL PRINCIPAL BENCH, OU=Central
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Administrative Tribunal PRINCIPAL Bench,
LALIT
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
PostalCode=110001, L=Central Delhi, S=
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
Delhi, STREET="61/35, COPERNICUS
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
MARG, NEW DELHI 110001", Phone=
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
1691e77d6bb46ffa29a7730f1dd59157d516bf
c975f4995f26c0dfb2d8ceb8e7,
Working as Lab. Supdt.
GOSAIN
Sub Divisional Railway Hospital,
Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
d0d7b00332dcafe52e80b3bd671501cbb94fb
54e4a6d1b58cf7c355c3dc50deb, E=
[email protected], CN=LALIT GOSAIN
2026.04.29 15:32:17+05'30'
4
4. The Assistant Commissioner (Engg.),
North Delhi Municipal Corporation,
Civic Centre, New Delhi - Respondents
OA No. 4309/2018
1. Behari, JE (Civil), Ahoc/LAC, Group 'C',
Aged about 40 years,
S/o Sh. Radha Charan,
R/o F-39, Upper Ground Floor,
Khanpur Extn., New Delhi
2. Udaivir Singh, JE (Civil), Ahoc/LAC, Group 'C',
Aged about 52 years,
S/o Sh. Chiddu Singh,
R/o B-56, Gali No.1, Amar Colony,
East Gokal Pur, Delhi-110094 - Applicants
Versus
1. North Delhi Municipal Corporation,
Through its Commissioner,
Civic Centre, New Delhi
2. The Assistant Commissioner (Engg.),
North Delhi Municipal Corporation,
Civic Centre, New Delhi - Respondents
OA No. 4312/2018
Rakesh Kumar (Aged about 50 years)
S/o Sh. M.S. Sharma,
R/o 1/7, Gali No.11-A,
Kharjuri Khas, Delhi-110094
Working as JE (Civil) Group - 'C' - Applicant
Versus
1. North Delhi Municipal Corporation,
Through its Commissioner,
Civic Centre, New Delhi
2. East Delhi Municipal Corporation,
Through its Commissioner,
Udyog Sadan, Patpar Ganj Industrial Area,
Delhi-110092
1
C=IN, O=CENTRAL ADMINISTRATIVE
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
TRIBUNAL PRINCIPAL BENCH, OU=Central
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Administrative Tribunal PRINCIPAL Bench,
LALIT
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
PostalCode=110001, L=Central Delhi, S=
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
Delhi, STREET="61/35, COPERNICUS
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
MARG, NEW DELHI 110001", Phone=
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
1691e77d6bb46ffa29a7730f1dd59157d516bf
c975f4995f26c0dfb2d8ceb8e7,
Working as Lab. Supdt.
GOSAIN
Sub Divisional Railway Hospital,
Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
d0d7b00332dcafe52e80b3bd671501cbb94fb
54e4a6d1b58cf7c355c3dc50deb, E=
[email protected], CN=LALIT GOSAIN
2026.04.29 15:32:17+05'30'
5
3. The Assistant Commissioner (Engg.,),
North Delhi Municipal Corporation,
Civic Centre, New Delhi - Respondents
(For Applicant(s) Advocates: Mr. TD Yadav, Mr. MK Bhardwaj
and Mr. Rajeev Sharma)
(For Respondent(s) Advocates: Mr. VK Singh, Mr. Sahab
Gurdeep Singh with Ms. Komal Ranii, Ms. Filza Moonis)
1
C=IN, O=CENTRAL ADMINISTRATIVE
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
TRIBUNAL PRINCIPAL BENCH, OU=Central
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Administrative Tribunal PRINCIPAL Bench,
LALIT
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj,
Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi,
PostalCode=110001, L=Central Delhi, S=
Aged about 47 years,
R/o 158/16, Railway Colony,
Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
Delhi, STREET="61/35, COPERNICUS
VERSUS
1. Union of India,
Through its Secretary,
Ministry of Railways, Rail Bhawan,
New Delhi
2. General Manager (P),
MARG, NEW DELHI 110001", Phone=
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman,
DRM Office Complex,
Nawab Yusuf Road, Allahabad
4. DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
1691e77d6bb46ffa29a7730f1dd59157d516bf
c975f4995f26c0dfb2d8ceb8e7,
Working as Lab. Supdt.
GOSAIN
Sub Divisional Railway Hospital,
Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
Lucknow, UP
SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr.
Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
d0d7b00332dcafe52e80b3bd671501cbb94fb
54e4a6d1b58cf7c355c3dc50deb, E=
[email protected], CN=LALIT GOSAIN
2026.04.29 15:32:17+05'30'
6
ORDER
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J):
1. OA No. 1860/2016 1.1 Brief facts of the case as narrated in this OA are that at present three Municipal Corporations are functioning in Delhi;
however, for the purpose of the present case, the North Delhi Municipal Corporation has been impleaded as the respondent, being responsible for conducting the Limited Departmental Competitive Examination (LDCE) for the post of Junior Engineer (Civil). It is stated that in all three Corporations, the Engineering Department includes the post of Junior Engineer, which is to be filled 95% by direct recruitment and 5% by promotion through LDCE from eligible departmental candidates, as per the applicable Recruitment Rules.
1.2 It is further submitted that on behalf of the applicants that the LDCE is required to be conducted by the Engineering Department and is open to employees of the general wing possessing a degree or diploma in Civil Engineering from a recognized institution along with five years of regular service in the Municipal Corporation, including two years of service after acquiring the diploma. The applicant fulfills all the eligibility criteria, being a diploma holder in Civil Engineering and having been in service since 01.04.2006, with the diploma obtained in 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 7 2010, thereby satisfying the requirement of requisite service after qualification.
1.3 Counsel for the applicants submitted that a circular dated 04.04.2011 was issued for recruitment through LDCE, declaring certain vacancies including those for reserved categories. Another circular dated 05.06.2013 fixed the date of examination as 29.06.2013; however, no such examination has been conducted till date. It is contended that no LDCE has been held for more than 15 years, causing serious prejudice and frustration among eligible candidates.
1.4 It is further alleged that instead of conducting LDCE, the respondents have resorted to backdoor appointments. It is stated that out of approximately 43 vacancies under the 5% quota, 14 persons were appointed in 2006 and 21 persons in 2010 without conducting LDCE. It is also pointed out that certain reserved category vacancies, including those for Scheduled Tribes, remain unfilled, despite eligible candidates like the applicant being available.
1.5 Counsel for the applicants submit that in 2007, applications were invited for filling 30 vacancies through LDCE, but due to fewer applicants, the respondents arbitrarily decided not to conduct the examination and instead made adhoc appointments for six months without authority of law. Such actions were challenged before the Tribunal and the Hon'ble 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 8 High Court of Delhi. The Tribunal had directed the respondents to conduct LDCE in accordance with the Recruitment Rules.
1.6 It is further submitted that the Hon'ble High Court of Delhi examined the issue, including the scope of relaxation under Clause 5 of the Recruitment Rules, and held that appointments made contrary to the rules could not be sustained. The Court directed the Lt. Governor of Delhi to consider the case of 14 persons appointed in 2006, thereby setting aside attempts of backdoor entry.
1.7 Counsel for the applicants contend that despite being fully eligible, they have been denied the opportunity to participate in LDCE due to the deliberate inaction of the respondents. It is alleged that the respondents are intentionally delaying the examination process to facilitate irregular appointments.
Representations made by the applicants, including one dated 06.04.2015, have not been acted upon.
1.7 It is also submitted that due to non-conduct of LDCE within time, many eligible candidates risk crossing the prescribed age limit, thereby losing their chance for promotion.
This amounts to denial of fair opportunity and career advancement.
1.8 On these grounds, counsel for the applicants submit that it is the statutory obligation of the respondents to conduct 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 9 LDCE for filling 5% promotional quota posts of Junior Engineer (Civil). The continued failure to do so, despite availability of vacancies and eligible candidates, is arbitrary, illegal, and violative of Articles 14, 16, and 21 of the Constitution of India.
The applicants, therefore, seek appropriate directions to the respondents to conduct the LDCE in a time-bound manner and grant them a fair opportunity to compete for promotion in accordance with the Recruitment Rules 1.9 Counsel for the applicants has placed reliance upon the judgment of the Hon'ble High Court of Delhi in WP(C) No. 2117/2025 and batch, particularly paragraphs 15 to 23 thereof, which are reproduced as under:-
"Analysis
15. To our mind, the present petitions stand covered on facts by the decision in Vinod Kumar, Jaggo, Shripal and Dharam Singh. We have already set out the propositions emerging from the said decisions, and do not deem it necessary to repeat them in extenso. However, some principles, which are dispositive of the petitions before us, may be enumerated:
(i) If
(a) the employees are selected by a process which mirrors regular recruitment, by holding selections and interviews,
(b) they have worked continuously for several years, and
(c) they are performing duties essential for the establishment or organization, they are entitled to regularization.
(ii) The right to regularization, thus earned, is substantive in nature.1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 10
(iii) In such cases, the initial label under which they were recruited, whether part-time, or contractual, or casual, or ad hoc, or temporary, would not matter.
(iv) However, the appointment must not be illegal, mala fide, surreptitious, or "back door".
(v) In such circumstances, it is not open to the respondents to contend that the posts occupied by the employees were not regular posts. The recurrent nature of the duties performed by the employees necessitated the classification of the posts as regular, irrespective the original label under which the employees may have been appointed. The initial temporary, ad hoc, contractual, or casual, nature of their employment stood transformed, in such cases, "into a scenario demanding fair regularization".
(vi) The right to regularization would enure, in such cases, even if the posts against which the employees were appointed were not sanctioned posts - though, in the present case, the posts against which the petitioners were appointed were sanctioned.
16. In the present cases, the petitioners were employed, albeit on contract basis, pursuant to advertisement. A regular selection process, therefore, took place, qualifications were prescribed, and the petitioners fulfilled the qualifications. The appointments were against sanctioned posts. The nature of duties rendered by the petitioners, being nursing and para-medical duties, were, by their very nature, essential and perennial. They could not, therefore, be regarded as dispensable. The service rendered by the petitioners is blemish free. There is no complaint against them at any point of time. They have continued rendering uninterrupted service for close to 20 years. The very fact they have been extended periodically from time to time against sanctioned posts indicates that there is continued need of their services. Their case, therefore, in fact, stands on a much better footing than the cases of the employees/workmen which were before the Supreme Court in Vinod Kumar, Jaggo, Shripal and Dharam Singh, as the petitioners were duly qualified, appointed against sanctioned posts and appointed consequent to a regular recruitment process.
17. These factors, by themselves, entitle the petitioners to be regularized in the posts against which they were originally appointed. This is the unmistakable 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 11 consequence of the decisions in Vinod Kumar, Jaggo, Shripal and Dharam Singh.
18. Article 141 of the Constitution of India makes the judgments in Vinod Kumar, Jaggo, Shripal and Dharam Singh binding on us. Article 144 requires us to act in the aid of the law declared by the Supreme Court, which would include making all efforts to ensure that the law declared by the Supreme Court is implemented with full vigor. We cannot, therefore, craft an exception into the law declared in Vinod Kumar, Jaggo, Shripal and Dharam Singh in cases where regular recruitment exercises were undertaken. Where petitioners had, by dint of their original appointment and continuous uninterrupted blemish free service on the post in which they were appointed, earned a right to regularization, they could not be compelled to participate in any recruitment exercise. Expressed otherwise, the omission on the part of the petitioners to participate in the regular recruitment exercises undertaken by the respondents cannot derogate from their right to regularization flowing from the facts of their cases and the law declared in Vinod Kumar, Jaggo, Shripal and Dharam Singh.
19. Any attempt at distinguishing the facts of the present case from those which stand covered by the judgments in Vinod Kumar, Jaggo, Shripal and Dharam Singh, to our mind, would be no less than an affront to the said judgments. We, as a Court lower in the judicial hierarchy, are least inclined to pursue this perilous course. The legal position in this regard stands tellingly underscored in the recent decision of the Supreme Court, rendered just three days ago, in Rohan Vijay Nahar v State of Maharashtra18, from which the following paragraphs merit reproduction:
"1. The judiciary draws its strength from discipline and not dominion. The Constitution of India creates courts of record that are independent in their spheres and yet binds them together through a coherent hierarchy. The High Courts in India possess a wide jurisdiction, but the Supreme Court of India remains the final interpreter of law. Article 141 of the Constitution of India1 declares that the law laid down by this Court binds every court in the country. Further, Article 144 of the Constitution obliges all authorities, civil and judicial, to act in aid of this Court. These are not ceremonial recitals. They are the structural guarantees that convert dispersed adjudication 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 12 into a single system that speaks with one voice and commands public confidence.
18 Judgment dated 7 November 2025 in CA 5454/2019
2. Judicial discipline is the ethic that turns hierarchy into harmony. It requires courtesy, restraint, and obedience to binding precedent even where a judge is personally unpersuaded. The lawful course is to apply the precedent and, if needed, record reasons for inviting a larger Bench to reconsider it. The unlawful and unjust course is to distinguish in name while disregarding in substance or to recast issues in order to sidestep a rule that binds. "Stare decisis et non quieta movere" which means to stand by decisions and not to disturb settled matters, is not a slogan but a safeguard of equality before the law. Judges do not sit to settle scores. The gavel is an instrument of reason and not a weapon of reprisal. A vindictive stance is incompatible with the oath to uphold the Constitution and the law.
3. Judges across our country must remember that collegiality is the companion virtue of independence and that a reversal on appeal is not a personal affront but the ordinary operation of a constitutional hierarchy that corrects error and settles law. Respect for the senior jurisdiction is not subservience. It is an acknowledgment that all courts pursue a common enterprise to do justice according to law. An Appellate Court reviews and, where necessary, sets right the decision of the lower court with restraint and measured language, and the courts below reciprocate through prompt, reasoned, and transparent compliance. Courts speak through reasons, and reasons that align with binding authority preserve both legality and legitimacy of the judiciary. Articles 141 and 144 of the Constitution make obedience a constitutional duty and not a matter of personal preference. A judgment that attempts to resist binding authority undermines the unity of law, burdens litigants with avoidable expense and delay, and invites the perception that outcomes depend on the identity of the judge. In a constitutional judiciary, it is the law, as declared, that brings the conversation to a close. We restate the simple duty of Courts:1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 13 apply precedent as it stands and give effect to appellate directions as they are framed. In that discipline lies the confidence of litigants and the credibility of courts."
(Emphasis supplied) We draw sustenance from these passages.
20. In the light of the law that has now been declared in Vinod Kumar, Jaggo, Shripal and Dharam Singh, it is clear that the judgment of the Tribunal cannot be upheld.
Conclusion
21. Resultantly, the impugned orders of the Tribunal are quashed and set aside.
22. The petitioners are, therefore, directed to be regularized against the posts on which they were originally appointed, irrespective of the labels governing such appointment. They would be entitled to fixation of pay treating them as having been regularly appointed ab initio. They shall also be entitled to all other benefits which would follow, except for back wages.
23. These writ petitions are accordingly allowed."
2. Counsel for the respondents has filed the counter affidavit and submitted that the present Original Application is ill-
founded, devoid of merit, and liable to be dismissed summarily in view of the facts and circumstances of the case as well as the detailed reply furnished. It is contended that the application is not maintainable in law, and no cause of action has accrued in favour of the applicants. The respondents further reserve their right to amend or modify the present reply, if any new facts come to light which may have a bearing on the case.
2.1 It is specifically submitted that the relief sought by the applicants, namely a direction to the respondents to hold and 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 14 complete the Limited Departmental Competitive Examination (LDCE) for the post of Junior Engineer (Civil) in a time-bound manner, is not maintainable, as no individual has a vested right to compel the department to conduct an examination. The decision to hold such examination lies within the exclusive jurisdiction and prerogative of the competent authority. It is a settled principle of law that the scope of judicial review in matters relating to decisions of expert bodies or selection committees is extremely limited. Courts should be slow to interfere in such matters, particularly where the decision has been taken by competent authorities or expert committees.
2.2 Reliance is placed on the judgment of the Hon'ble Supreme Court in B.C. Mylarappa vs. Dr. R. Venkatasubbaiah (2008 (14) SCC 306), wherein it was held that courts should not interfere with decisions taken by academic experts in the absence of mala fides. Further reliance is placed on Shri Dilip Kumar Garg vs. State of U.P. & Others, wherein it was held that administrative decisions should not be interfered with unless there is a clear violation of constitutional or statutory provisions. Similarly, in Director General of Posts & Others vs. K. Chandrashekar Rao, the Hon'ble Apex Court held that policy decisions fall within the domain of the State and ordinarily do not warrant judicial interference. On these grounds alone, the present application deserves to be dismissed.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 15 2.3 On merits, it is submitted that due to certain administrative and technical reasons, the LDCE for the post of JE (Civil) under the 5% quota could not be conducted. The respondents deny the allegations made by the applicants to the extent they are incorrect, while admitting those that are matters of record. It is further contended that the application is barred by limitation and has not been filed within the prescribed time.
2.4 With regard to the factual aspects, it is submitted that after the notification of Recruitment Rules in 2006, certain eligible persons were engaged only on an adhoc basis after obtaining approval from the competent authority and subject to relaxation of the condition of holding LDCE. Such appointments were purely temporary and conditional. It is clarified that some of the promoted Junior Engineers had obtained interim protection from the Tribunal against reversion, due to which they continued to work on adhoc basis.
2.5 Counsel for the respondents deny the allegations of back-
door recruitment and assert that all actions were taken in accordance with the applicable rules and with the approval of competent authority. The representations submitted by the applicants are stated to be under consideration with higher authorities, and appropriate action will be taken in accordance with law.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 16 2.6 Counsel for the respondents has also filed the additional affidavit and submitted that that the applicants have filed the present Original Application seeking directions to the respondents to hold and complete the Limited Departmental Competitive Examination for the post of Junior Engineer (Civil) in a time-bound manner. It is stated that a counter reply was filed by the respondents on 02.01.2017 before the Hon'ble Tribunal. The matter came up for hearing on 22.08.2017, and the Hon'ble Tribunal directed the respondents to file a detailed affidavit regarding the implementation of the judgment of the Hon'ble High Court and to clarify the position/status of 21 appointments made in the year 2010. The Tribunal also directed the respondents to produce records relating to the appointments of 14 persons in the year 2006 and 21 persons in the year 2010 against the 5% quota meant for LDCE, along with disclosure of the total cadre strength.
2.7 It is submitted that during the year 2008-09, the Engineering Department proceeded to fill vacant posts by reckoning the number of vacancies under the departmental quota based on the total cadre strength. In the year 2010, on the recommendation of the Screening Committee and after obtaining relaxation for holding the competitive examination vide Corporation Resolution No. 1074 dated 19.03.2009, the department appointed 18 candidates as Junior Engineers 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 17 (Civil), 2 candidates as Junior Engineers (Electrical), and 1 candidate as Junior Engineer (Mechanical).
2.8 It is further submitted that reminders were sent to the Government of NCT of Delhi, including letter dated 01.08.2016, seeking approval for relaxation of the Recruitment Rules for waiving the condition of holding the departmental examination.
However, no communication granting such relaxation has been received till date. It is also submitted that with regard to 14 candidates appointed in 2006, the Hon'ble High Court of Delhi vide order dated 08.10.2013 directed maintenance of status quo until a decision is taken by the Lt. Governor of Delhi/GNCTD.
Subsequent correspondence from the office of the Dy. Director (Local Bodies) sought clarification regarding the grounds for relaxation, irregularities, and the current status of engineers appointed in 2006 and 2010, as well as implications of any decision to be taken.
2.9 Counsel for the respondents further submit that the total cadre strength and vacancies arising after the notification of amended Recruitment Rules w.e.f. 27.03.2006 were calculated, and 5% quota vacancies were earmarked accordingly for different categories. Out of 24 vacancies, 14 Junior Engineers were appointed on adhoc basis in 2006 and allowed to continue pursuant to directions of the Hon'ble High Court. The remaining vacancies were carried forward to 2010, and during 2006-2010, 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 18 additional vacancies arose, resulting in a total of 24 vacancies in 2010, against which 21 persons were appointed on adhoc/LAC basis under approval of the competent authority and are still continuing in that capacity.
2.10 It is specifically submitted that all applicants were appointed in January 2010 on adhoc basis for a period of six months, subject to the condition that their appointment could be revoked, extended, or altered depending upon the outcome of consultation with the Government of NCT of Delhi regarding relaxation of the requirement of holding LDCE. The Recruitment Rules notified on 27.05.2006 provide for filling 5% posts through LDCE, and though the department sought relaxation through letters and reminders, no approval was granted. On the contrary, the GNCTD vide order dated 11.05.2012 directed cancellation of such appointments and reversion of employees to their substantive posts. Accordingly, the respondents contend that such adhoc appointments cannot be continued in violation of notified Recruitment Rules without proper relaxation.
2.11 It is further submitted that the Hon'ble Tribunal, vide common order dated 02.05.2013 in various connected OAs, directed the respondents to determine vacancies under the 5% quota and to conduct LDCE for promotion to the post of Junior Engineer, allowing eligible candidates including applicants to 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 19 participate. However, the said directions were challenged before the Hon'ble High Court of Delhi in various writ petitions including WP(C) No. 3968/2013 titled Kewal Kishore & Others vs GNCTD & Others, and the operation of the impugned circular dated 05.06.2013 was stayed by the Hon'ble High Court vide order dated 14.06.2013.
2.12 It is also submitted that multiple writ petitions were filed challenging the Tribunal's order dated 02.05.2013, and the Hon'ble High Court vide common order dated 08.10.2013 disposed of the matters by referring the issue to the Hon'ble Lt.
Governor of Delhi for fresh decision with respect to the 2006 appointments, while directing maintenance of status quo. The Hon'ble High Court further clarified that the reasoning of the Tribunal shall not be treated as binding precedent at a subsequent stage.
2.13 Counsel for the respondents reiterate that the 14 persons appointed in 2006 and 21 persons appointed in 2010 under the 5% LDCE quota are continuing only on adhoc/LAC basis. It is also submitted that the total strength of engineers in the erstwhile Corporation comprises 834 Junior Engineers (Civil), 115 Junior Engineers (Electrical), and 5 Junior Engineers (Mechanical). The respondents submit that all relevant records relating to the appointments shall be produced before the Hon'ble Tribunal at the time of hearing.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 20
3. Counsel for the applicants has filed the reply to the additional affidavit filed on behalf of the respondents and submitted that the contents of the reply filed by the respondents are incorrect, misleading, and deserve to be rejected. It is specifically contended that the respondents have failed to comply with the directions issued by this Hon'ble Tribunal vide order dated 22.08.2017, as no additional affidavit has been filed disclosing the requisite status and implementation of the orders. The respondents have no authority in law to appoint Junior Engineers against the 5% quota, which is mandatorily required to be filled through a Limited Departmental Competitive Examination. It is further submitted that no relaxation can be granted in a manner that defeats or overrides the Recruitment Rules themselves. Once Recruitment Rules exist, the same must be strictly adhered to, and any relaxation which nullifies the essential requirement of holding a departmental examination is impermissible in law.
Therefore, any appointment made against the 5% quota on the basis of recommendations of a Screening Committee or pursuant to Resolution No. 107 dated 19.03.2009 is illegal and contrary to the statutory framework.
3.1 Counsel for the applicants further submitted that the issue stands settled by the decision of the Hon'ble High Court of Delhi, wherein it has been clearly held that any appointment made to the post of Junior Engineer in violation of the 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 21 Recruitment Rules is illegal. Despite this, the respondents have failed to place on record a proper statement or status report in compliance with the directions of this Tribunal. The reference made by the respondents to reminders dated 01.08.2016 is wholly irrelevant and contrary to the orders of this Tribunal and the applicable Recruitment Rules. In view of the binding decision of the Hon'ble High Court, no such relaxation is permissible, and the respondents were required to apprise this Tribunal of the status of the matter pending before the Hon'ble Lt. Governor of Delhi, which they have failed to do.
3.2 It is further submitted that the respondents are deliberately and intentionally avoiding filing the status report as directed and are acting under the influence of persons who were appointed through backdoor methods and are being protected.
The orders of the Hon'ble High Court and this Tribunal are clear and unambiguous that the cases of persons appointed in 2006 in violation of rules were to be considered by the Hon'ble Lt.
Governor, and the status thereof was to be disclosed before this Tribunal. However, the respondents have suppressed this material information. It is also submitted that the persons appointed in 2010 without following the Recruitment Rules have no legal right to continue, and the respondents are under a legal obligation to conduct the departmental examination forthwith.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 22 3.3 It is reiterated that the respondents are deliberately not implementing the decisions of the Hon'ble High Court of Delhi and the orders of this Tribunal regarding filling up of vacancies of Junior Engineer through departmental examination. The stand taken by the respondents in their affidavits is contradictory and intended to create confusion, whereas the core issue remains simple and settled, namely that recruitment under the 5% quota must be through departmental examination, which has not been conducted for more than 15 years. The applicants further submit that there is no provision under the Recruitment Rules permitting relaxation of the rules to such an extent that the requirement of examination is completely dispensed with.
3.4 It is contended that the respondents have failed to comply with the directions of this Tribunal to disclose the status of the matter pending before the Hon'ble Lt. Governor pursuant to the judgment of the Hon'ble High Court of Delhi IN 2013. The continued failure to conduct the departmental examination and to place relevant facts on record demonstrates deliberate inaction and non-compliance on the part of the respondents.
The applicants therefore submit that the respondents are intentionally avoiding holding the departmental examination for the post of Junior Engineer and are acting in violation of the Recruitment Rules as well as binding judicial directions.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 23
4. OA Nos. 4276/2018, 4308/2018, 4309/2018 and 4312/2018 4.1 The issue in all these Original Applications is the same and hence with the consent of the learned counsel for the parties, all the captioned OAs have been heard together and are being disposed of this common order. However, for writing the present order, the facts are being taken from OA No. 4276/2018 (CS Tiwari vs., MCD & Oers.) treating the same as the lead case.
4.2 The applicants are serving as Junior Engineers (Civil) and are aggrieved by the action of the respondents in not treating their promotion as regular, despite the same having been granted in accordance with the applicable Recruitment Rules (RRs), and instead initiating steps to withdraw such promotions. The Municipal Corporation of Delhi (MCD), prior to its trifurcation, amended its Recruitment Regulations vide Resolution No. 131 dated 12.07.2004 to fill 5% of Junior Engineer (JE) posts through a Limited Departmental Competitive Examination (LDCE) from eligible departmental candidates. Pending formal approval, the Corporation proceeded to fill such vacancies and issued circulars inviting applications.
4.3 In 2007, further vacancies under the 5% quota were sought to be filled, and the applicants, who were working on various posts such as Beldar, Electrician, and Teacher, applied 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 24 and were found eligible. Due to a shortage of eligible candidates against available vacancies, the competent authority decided to relax the requirement of conducting LDCE. This relaxation was approved by the Commissioner and subsequently by the 'House of Corporation' vide Resolution No. 55 dated 15.12.2008, permitting appointment on a temporary basis.
4.4 Pursuant to this decision, the applicants were appointed/promoted as JE (Civil/Electrical) in January 2010.
Although the appointment letters mentioned the term "adhoc,"
the respondents clarified that the term had no adverse implication, and the applicants continued to function as regular JEs without interruption for several years. Their postings, duties, and service conditions were identical to regular JEs, and their performance remained above benchmark.
4.5 Subsequently, after trifurcation of MCD and administrative changes, the applicants' names were not reflected in seniority lists, and in 2012, the respondents initiated reversion proceedings. The applicants approached the Tribunal, which, vide order dated 02.05.2013 in OA No. 2268/2012 and connected matters, directed the respondents to conduct LDCE, allow applicants to participate, and regularize appointments accordingly, while restraining reversion till completion of the process.1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 25 4.6 Despite these directions, the respondents failed to conduct the examination and instead, after several years, issued a Show Cause Notice dated 29.10.2018 proposing reversion of the applicants. The applicants contend that such action is in violation of the Tribunal's order and constitutes willful disobedience. They further submit that having served for nearly 9 years continuously as JEs, their appointments should be treated as regular, particularly when the delay in holding LDCE is solely attributable to the respondents.
5. Counsel for the applicants argue that their appointments were made against sanctioned vacancies under the 5% quota, after due relaxation of rules by the competent authority, and cannot be termed illegal or adhoc. They emphasize that similarly placed persons have not been subjected to such adverse action, thereby violating Articles 14 and 16 of the Constitution of India. They also rely on principles of estoppel, legitimate expectation, and settled law laid down in cases such as Bahadursinh Lakhubhai Gohil Vs Jagdishbhai Kamalia & Ors. (2004) 2 SCC 65, Amarendra Kumar Mahapatra & Ors. Vs. State of Odisha & Ors. (2014) 2 SCC L&S 54, and Bhagwati Prasad & Ors. Vs Bharat Mineral Corporation, to contend that long continuation in service establishes the substantive nature of appointment and entitles them to regularization.1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 26
5.1 Counsel for the applicants further submitted that the impugned Show Cause Notice has been issued by an incompetent authority, contrary to Section 21 of the General Clauses Act, and without following principles of natural justice.
The respondents cannot take advantage of their own failure to conduct LDCE as directed by the Tribunal. The applicants also highlight that they have crossed significant age limits and cannot now be expected to compete afresh, particularly when they have already demonstrated competence through years of service.
6. Counsel for the respondent no.1 - NDMC has filed the counter affidavit and submitted that the application under reply is premature inasmuch as by way of the present Application, the applicants have challenged the show cause notice dated 29.10.2018 and not any final order passed by the competent authority. It is a settled proposition of law that courts or tribunals should not ordinarily exercise their power of judicial review to examine the legality of a mere show cause notice unless the same has been issued by an incompetent authority or without jurisdiction, which is not the case herein as no such allegation has been made by the applicants. It is further submitted that the applicants' appointment on ad-hoc/LAC basis has been made contrary to the Recruitment Rules and they were not eligible to be appointed to the post of Junior Engineer (Civil/Electrical), and the relevant Recruitment Rules 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 27 have already been placed on record. It is also a settled principle of law that a person appointed on ad-hoc, casual or temporary basis does not acquire any right to regularization and that all appointments must be made strictly in accordance with the Recruitment Rules and in compliance with Articles 14 and 16 of the Constitution of India. In this regard, reliance is placed upon the judgment of the Hon'ble Apex Court in "State of Karnataka Vs. Uma Devi reported as 2006 (4) SCC 1", wherein it has been held as under in paras 53 and 54 of the judgment:
"53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S. V. Narayanappa (supra), R.N. Nanjundappa (supra), and B.N. Nagarajan (supra), and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment, but there should be no further by-passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme.
54. It is also clarified that those decisions which run counter to the principle settled in this decision, or in 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 28 which directions running counter to what we have held herein, will stand denuded of their status as precedents..."
It is submitted that in view of the aforesaid binding precedent, the applicants have no right either to continue on the post or to seek regularization, and even the judgments relied upon by them have no binding effect in view of the law declared by the Hon'ble Apex Court. The said principle has been reiterated and explained in subsequent judgments including "Secretary, State of Karnataka Vs Umadevi (2006) 4 SCC 1, paras 43-50", "Indian Drugs & Pharmaceuticals Corporation Vs Workers, Indian Drugs & Pharmaceuticals Corporation (2007) 1 SCC 408, paras 13-15, 23-26, 28, 30, 31 & 44", "Surinder Prasad Tiwari Vs U.P. Rajya Krishi Utpadan Mandi Parishad & Ors (2006) 7 SCC 684, para 38", "Official Liquidator Vs Daya Nand (2008) 10 SCC 1, paras 49-50" and "Punjab Water Supply and Sewage Board Vs Ranjodh Singh & Ors (2007) 2 SCC 491, paras 3-5, 10, 12, 14-16, 18".
6.1 It is further submitted that at present there are 834 sanctioned posts of Junior Engineer (Civil) and 115 posts of Junior Engineer (Electrical) in all three Corporations, out of which 42 posts of JE (Civil) and 5 posts of JE (Electrical) fall under the 5% departmental quota to be filled through Limited Departmental Competitive Examination subject to fulfillment of eligibility conditions including possession of Degree/Diploma in 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 29 Civil/Electrical Engineering from a recognized institution with five years regular service in MCD. In the year 2006, Recruitment Rules were notified for filling up posts under the 5% departmental quota and accordingly, 43 posts were identified under the said quota. A circular was issued inviting applications, pursuant to which 31 applications were received and only 14 candidates were found eligible by the Screening Committee. In view of acute shortage of Junior Engineers and the fact that the number of eligible candidates was less than the number of vacancies, the requirement of holding Limited Departmental Competitive Examination was dispensed with under Clause 5 of the Recruitment Regulations and 14 candidates were appointed, subject to consultation with the Government of NCT of Delhi. The matter regarding relaxation in Recruitment Rules was duly referred to the competent authority. Similarly, in the year 2010, 21 candidates were appointed on ad-hoc basis against the departmental quota and proposals seeking relaxation were again forwarded to the competent authority.
6.2 It is submitted that subsequently, the issue of irregular/illegal appointments made under the 5% departmental quota without following the prescribed Recruitment Rules and without obtaining requisite relaxation was examined at the highest level and the Hon'ble Lt. Governor, vide order dated 11.05.2012, directed cancellation of such 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 30 appointments. Consequently, all such appointees were reverted to their substantive posts vide order dated 29.06.2012. It is further submitted that the Hon'ble High Court of Delhi, while dealing with writ petitions arising out of the said matter, vide order dated 08.10.2013 directed reconsideration of the issue only with respect to 14 appointments made in the year 2006 and for which reference had been made earlier, and the matter is still under consideration with the competent authority for grant of one-time relaxation, though no final decision has yet been communicated. It is further submitted that vigilance inquiry was conducted and based on its findings, show cause notices dated 29.10.2018 were issued to the concerned officials, calling for their explanation. The replies submitted by them were examined and found to be devoid of merit; however, further proceedings have been kept in abeyance in view of interim orders passed by the Hon'ble Tribunal.
6.3 It is reiterated that the applicants do not fulfill the eligibility criteria as prescribed under the Recruitment Rules for the post of Junior Engineer and, therefore, they are not entitled to any relief. The contents of the various paragraphs of the Original Application are either matters of record or denied to the extent they are contrary to the submissions made herein. It is further submitted that the show cause notices have been issued by the competent authority and merely communicated by the Assistant Commissioner (Engineering), and hence the challenge 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 31 to the same is misconceived. The alleged resolutions relied upon by the applicants are private in nature and not approved by the competent authority and therefore cannot override the statutory Recruitment Rules. All other grounds raised by the applicants are false, misleading, misconceived and denied. In view of the facts and submissions made hereinabove, it is submitted that the applicants are not entitled to any relief and the present Original Application is liable to be dismissed being devoid of merit.
7. Counsel for the respondent - EDMC has filed the reply and submitted that that the trifurcation of the Municipal Corporation was initiated in the months of February/March 2012, and in the 4th Co-ordination Meeting chaired by the Director of Local Bodies, which was attended by all three Municipal Commissioners, it was unequivocally decided that all matters relating to promotion would be dealt with by the North Delhi Municipal Corporation. The said decision is clearly reflected in Point No. 3 of the Minutes of the Meeting dated 02.06.2012, wherein the North Corporation was designated as the Nodal Corporation for handling all promotion and service-
related matters, and the same has been reiterated in the said Minutes. A copy of the Minutes of the Fourth Co-ordination Meeting, whereby the North Corporation has been entrusted to function as the Nodal Corporation for all promotion and establishment matters, is annexed herewith for ready reference.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 32 In view of the aforesaid facts and circumstances, it is further submitted that the relief sought by the applicant pertains exclusively to the North Delhi Municipal Corporation, being the Nodal Corporation to deal with service, promotion, and all establishment-related issues, and no relief has been claimed against the East Delhi Municipal Corporation; hence, the Commissioner, East Delhi Municipal Corporation, is liable to be deleted as a proforma party from the array of parties.
8. Counsel for the private respondents have filed the written submissions in OA No. 4276/2018 submitting that the present Original Applications are misconceived, devoid of merit, and liable to be dismissed as the applicants have suppressed material facts and have not approached this Hon'ble Tribunal with clean hands. It is submitted that under the Recruitment Rules of 1984, there was no provision for appointment to the post of Junior Engineer by way of promotion. Subsequently, due to shortage of Junior Engineers, a proposal for amendment was made vide Resolution No. 131 dated 12.07.2004 to introduce a 5% departmental quota to be filled through Limited Departmental Competitive Examination (LDCE), and the same was sent to the competent authority for approval, which was not received at that stage. Thereafter, a notification dated 14.10.2004 was issued inviting applications for 43 vacant posts of Junior Engineers, and after screening, only 14 candidates were found eligible.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 33 8.1 It is further submitted that amended Recruitment Rules were notified on 27.03.2006 providing for filling up 5% of posts through LDCE with prescribed eligibility conditions. However, vide Resolution dated 10.07.2006, the requirement of LDCE was relaxed, and without conducting any examination, 14 candidates were promoted in violation of the Recruitment Rules.
These promotions were made on 22.11.2006 on an adhoc basis for six months without obtaining approval or consultation from the competent authority, i.e., the Government of NCT of Delhi/Lt. Governor, and remained subject to such approval.
These candidates were never included in the seniority list and continued as adhoc appointees.
8.2 It is submitted that vide noting dated 11.05.2012, the Hon'ble Lt. Governor directed cancellation of such promotions and reversion of the incumbents to their substantive posts.
Accordingly, vide order dated 29.06.2012, the North DMC reverted such appointees, holding that in the absence of approval and relaxation of the Recruitment Rules, the appointments were ultra vires, contrary to notified rules, and void ab initio. Aggrieved persons filed various Original Applications before this Hon'ble Tribunal, and vide order dated 02.05.2013, the Tribunal passed directions which were subsequently challenged before the Hon'ble High Court of Delhi in multiple writ petitions. The Hon'ble High Court, vide common order dated 08.10.2013, disposed of the petitions and effectively 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 34 set aside the earlier approach, directing reconsideration by the competent authority, thereby concluding the issue relating to such irregular appointments.
8.3 It is further submitted that despite the above, the applicants again approached this Hon'ble Tribunal against show cause notices dated 29.10.2018, and obtained orders of status quo dated 22.11.2018 without disclosing the material fact of the Hon'ble High Court's order dated 08.10.2013, which has attained finality. The private respondents also approached the Hon'ble High Court by filing W.P.(C) No. 7185/2019 seeking annulment of such illegal promotions and appropriate inquiry, and were thereafter impleaded as parties in the pending Original Applications before this Hon'ble Tribunal.
8.4 The private respondents contend that the appointments of the applicants were tainted, illegal, and made in violation of Recruitment Rules as well as settled law. It is further submitted that the eligibility of several appointees itself is doubtful, as in certain cases the requisite educational qualifications were obtained after the date of promotion, which is in clear violation of the Recruitment Rules. It is also submitted that degrees obtained from certain institutions through distance mode have been held invalid by the Hon'ble Supreme Court in Orissa Lift Irrigation Corporation Ltd. vs. Rabi Shankar Patro & Ors.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 35 (order dated 03.11.2017), thereby rendering such appointments unsustainable.
8.5 It is further contended that mandatory conditions such as obtaining prior permission for higher education and completion of requisite experience were not fulfilled by the applicants. The requirement of two years' experience after acquiring the prescribed qualification has also been violated. It is submitted that there has been no compliance with the requirement of conducting LDCE as per the Recruitment Rules and directions of this Hon'ble Tribunal.
8.6 The private respondents submit that where the eligibility of candidates itself is in question, rejection of their claim for promotion is justified. The applicants are seeking perpetuation of illegality and continuation of tainted appointments, which cannot be permitted in law. Granting such relief would render the Recruitment Rules meaningless and would validate arbitrary and mala fide actions. It is further submitted that adherence to Recruitment Rules and policy decisions made in consultation with competent authority is essential for maintaining administrative efficiency and legality, and any deviation therefrom cannot be judicially upheld.
8.7 It is also contended that allowing such illegal appointments to continue would prejudice the rights of other eligible candidates and violate principles of fairness and justice.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 36 The applicants' appointments were made in haste, without following due procedure, and are vitiated by arbitrariness and mala fides. Accordingly, the private respondents pray that the impugned appointments/promotions be set aside and quashed with exemplary costs, and that no relief be granted to the applicants.
8.8. In support of his contentions, counsel for the respondents has produced before us an Office Order No.1(56B)/ADLB/S-
1/2013/000283254/478-85 dated 31.03.2022 issued by the Dy. Director, Directorate of Local Bodies, Urban Development Department, GNCTD, which reads as under:-
"OFFICE ORDER Whereas, The erstwhile MCD, vide its resolution dated 12/7/2004, amended the RRS of JE(Civil/Electrical/Mechanical) by making a provision of 5% quota for departmental candidates for filling post of junior Engineer through Limited departmental competitive examination which was approved and notified by the Govt. 27/03/2006.
Whereas, applications from the eligible departmental candidates were invited for promotion to the post of JE Civil/Electrical) under 5% departmental quota by MCD in the year 2006.
Whereas, The MCD had made promotion under 5% departmental quota for the departmental candidates on ad-hoc basis subjected to receipt of the consultation from the Government to the post of Junior Engineer (Civil/Electrical) in the year 2006 as per the proposal passed vide Resolution no. 121 on the basis of recommendation by the Appointments, Promotions, Disciplinary Allied Matter Committee vide its resolution no 15 dated 23/05/2006 by dispensing with the LOCE (limited departmental competitive examination).1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 37 Whereas, the aforesaid appointments/promotions made in year 2000 were cancelled and it was directed that the employees so promoted be reverted to their substantive posts by order dated 29/06/2012 by the Hon'ble Lt. Governor.
Whereas, several OAs were filed in CAT who stayed the reversal order dated 29/06/2012 and directed to conduct the departmental exam within six months. Further, petitions were filed by appointees of the year 2006 in the Hon'ble High Court who passed the direction vide order dated 08.10.2013 as under:- '....the Lt. Governor shall take a decision afresh only with respect to the 14 appointments made in the year 2006 and for which a reference was made to the Government of NCT of Delhi in the year 2006 in the context of the consultation required as envisaged by clause of the aforesaid rules.' The Hon'ble High Court has also observed in its decision that the file would reveal that there was a serious taint noted in the appointments made against 5% departmental quota in the year 2010.
Now, the Lt. Governor, Delhi, in Exercise of power conferred upon him by clause 5 of the RRs, of the said post, is pleased to relax the provision of clause 11 of RRs to conduct LDCE, as a onetime measure in respect of 14 departmental candidates promoted on ad-hoc basis in the year 2006 to the post of Junior Engineer (Civil/Electrical). The relaxation granted should not be created as precedent, in respect of any cadre, in future.
Further, the Hon'ble Lt. Governor, Delhi has also desired that the provision of a Limited Departmental Competitive Examination is the Recruitment Rules may be re-examined. As Such, MCD may take action accordingly."
9. We have heard learned counsel for the parties at length and perused the pleadings, available on record.
10. The core issue which arises for consideration is twofold:
firstly, whether the applicants, who came to be appointed/promoted as Junior Engineers (Civil/Electrical) 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 38 under the 5% departmental quota without holding the Limited Departmental Competitive Examination (LDCE), are entitled to regularization of their services; and secondly, whether a direction is liable to be issued to the respondents to conduct LDCE in a time-bound manner.
11. At the outset, it is not in dispute that the Recruitment Rules notified on 27.03.2006 mandate that 5% of the posts of Junior Engineer are to be filled strictly through LDCE from eligible departmental candidates. It is equally undisputed that no such LDCE was conducted at the relevant time when the applicants were appointed in the years 2006 and 2010. The record further reveals that the appointments in question were made on adhoc/LAC basis by dispensing with the requirement of LDCE, purportedly on account of administrative exigencies and shortage of eligible candidates, and subject to approval/relaxation by the competent authority, i.e., the Government of NCT of Delhi/Lt. Governor.
12. The principal contention of the applicants is that having been appointed against sanctioned posts, having continued for long years, and having discharged duties identical to regular Junior Engineers, their appointments ought to be treated as regular. Reliance has been placed on the judgment of the Hon'ble High Court of Delhi in WP(C) No. 2117/2025 (Pawan 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 39 Sharma & Ors.), as well as on doctrines such as legitimate expectation and estoppel.
13. This contention, however, cannot be accepted in the facts of the present case. The judgment in WP(C) No. 2117/2025 is clearly distinguishable. In that case, the petitioners were appointed pursuant to a duly advertised process, after undergoing a selection procedure which mirrored regular recruitment, against sanctioned posts, and there was no element of illegality or deviation from statutory rules in their initial appointment. The Hon'ble High Court, in those circumstances, held that long, continuous, and blemish-free service entitled them to regularization.
14. In contrast, the present case is founded on appointments made in direct contravention of the Recruitment Rules. The mandatory requirement of holding LDCE was admittedly not complied with. The so-called relaxation relied upon by the respondents at the relevant time had neither received approval of the competent authority nor could it have been exercised in a manner that completely obliterates the essential requirement of a competitive examination. The Hon'ble High Court of Delhi itself, in its order dated 08.10.2013, has observed that the appointments made in 2010 were tainted. Therefore, the foundational requirement for invoking the ratio of WP(C) No. 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 40 2117/2025, namely a lawful initial entry through a process akin to regular recruitment, is absent in the present case.
15. The issue is further clarified by the subsequent Office Order dated 31.03.2022 issued by the Directorate of Local Bodies, GNCTD. By the said order, the Hon'ble Lt. Governor, in exercise of powers under Clause 5 of the Recruitment Rules, granted a one-time relaxation only in respect of 14 candidates appointed in the year 2006, and that too with an explicit stipulation that such relaxation shall not be treated as a precedent. Significantly, no such relaxation has been granted for the appointments made in 2010. On the contrary, the said order reiterates that the appointments made without following LDCE were irregular and required scrutiny, and it also records the observation of the Hon'ble High Court regarding the taint attached to the 2010 appointments.
16. Thus, the competent authority itself has drawn a clear distinction between the 2006 and 2010 appointees, granting limited relief only to the former as a one-time measure. The applicants herein, many of whom fall in the latter category, cannot claim any parity or equitable relief in the face of this explicit policy decision.
17. The law laid down by the Hon'ble Supreme Court in State of Karnataka vs. Uma Devi (2006) 4 SCC 1 squarely applies to the present case. It is well settled that appointments made in 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 41 violation of statutory Recruitment Rules and the constitutional scheme of public employment cannot be regularized. The exception carved out in Uma Devi applies only to irregular (and not illegal) appointments, where the initial entry is not tainted.
In the present case, non-conduct of LDCE, which is the prescribed mode of recruitment, renders the appointments illegal, and therefore outside the purview of the said exception.
18. The plea that the applicants have worked for long years and have crossed the age limit also does not create a legal right to regularization. Length of service, by itself, cannot cure the defect of an illegal entry. Similarly, doctrines such as legitimate expectation or estoppel cannot operate against statutory provisions.
19. At the same time, the grievance of the applicants regarding non-conduct of LDCE for an inordinately long period is not without substance. The record reveals that despite availability of vacancies and directions issued by this Tribunal in earlier proceedings, the respondents have failed to conduct LDCE for more than a decade. Such inaction defeats the very purpose of the Recruitment Rules and deprives eligible candidates of their legitimate right to compete for promotion.
20. While it is true that no individual has a vested right to compel the State to hold an examination at a particular point of time, it is equally well settled that where statutory rules 1 C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 42 prescribe a mode of recruitment, the authorities are under a corresponding obligation to act in accordance therewith within a reasonable time. Prolonged and unexplained inaction, as in the present case, cannot be countenanced.
21. Insofar as the challenge to the show cause notices dated 29.10.2018 is concerned, the same are only preliminary in nature. No final order of reversion has been placed on record. It is a settled principle that ordinarily, courts and tribunals do not interfere at the stage of show cause notice unless the same is shown to be wholly without jurisdiction or issued by an incompetent authority, which is not established in the present case. The applicants shall have adequate opportunity to submit their replies and raise all permissible contentions before the competent authority.
22. In view of the foregoing discussion, we are of the considered view that the applicants are not entitled to regularization of their services as Junior Engineers, their appointments having been made in violation of the Recruitment Rules and without holding LDCE. The reliance placed on WP(C) No. 2117/2025 is misplaced and stands distinguished on facts and law. The Office Order dated 31.03.2022 further fortifies the position that relaxation, if any, is limited, conditional, and non-
precedential.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 43 23. Insofar as OA No. 1860/2016 is concerned, for the reasons recorded hereinabove, we find no merit in the claim of the applicants seeking a direction to the respondents to conduct the Limited Departmental Competitive Examination (LDCE) in a time-bound manner. Although the grievance regarding prolonged non-conduct of LDCE has substance, it is equally evident from the record, particularly the Office Order dated 31.03.2022, that the competent authority, i.e., the Hon'ble Lt.
Governor, has expressly directed that the very provision relating to LDCE in the Recruitment Rules requires re-examination. In such circumstances, issuing a mandamus to conduct LDCE under the existing framework would be premature and contrary to the policy direction already under consideration at the highest level. Moreover, it is not a case where there existed any judicial bar preventing the respondents from holding the examination; rather, the matter has remained entangled in administrative and policy-level considerations. We, therefore, are not inclined to substitute its view in a domain presently under reconsideration by the competent authority. Accordingly, OA No. 1860/2016 is dismissed, leaving it open to the respondents to take an appropriate decision in accordance with law and the directions of the Hon'ble Lt. Governor regarding re-
examination of the LDCE provisions.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 44
24. Insofar as OA No. 4276/2018 (and connected matters) is concerned, the applicants have primarily challenged the proposed action of reversion and have sought regularization of their services as Junior Engineers. As already discussed in detail, the applicants' appointments were made in clear deviation from the Recruitment Rules, without conducting LDCE, which was the mandatory mode of recruitment under the 5% departmental quota. Such appointments cannot be regularized in light of the settled legal position. Further, the impugned show cause notices are only preliminary in nature, and no final adverse order has been passed. Interference at this stage would be unwarranted. Additionally, in view of the direction of the Hon'ble Lt. Governor to re-examine the very provision of LDCE in the Recruitment Rules, no direction can be issued either for regularization or for continuation of the applicants on the basis of such irregular appointments. The applicants are, however, at liberty to submit their replies to the show cause notices and raise all permissible grounds before the competent authority, which shall consider the same in accordance with law. Accordingly, OA No. 4276/2018 and connected OAs are also dismissed. Pending MA(s), if any, shall also stand disposed of.
1C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30' 45
25. However, in the facts and circumstances, of the case, there shall be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/lg/
1
C=IN, O=CENTRAL ADMINISTRATIVE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI TRIBUNAL PRINCIPAL BENCH, OU=Central OA No.198/2017 Reserved on: 14.01.2026 Pronounced on: 04.02.2026 Administrative Tribunal PRINCIPAL Bench, LALIT Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) Hon'ble Dr. Sumeet Jerath, Member (A) Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway, Central Hospital, New Delhi, PostalCode=110001, L=Central Delhi, S= Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant (By Advocate: Mr. Anil Singal) Delhi, STREET="61/35, COPERNICUS VERSUS
1. Union of India, Through its Secretary, Ministry of Railways, Rail Bhawan, New Delhi
2. General Manager (P), MARG, NEW DELHI 110001", Phone= Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad) Through its Chairman, DRM Office Complex, Nawab Yusuf Road, Allahabad
4. DRM (P) Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad, 1691e77d6bb46ffa29a7730f1dd59157d516bf c975f4995f26c0dfb2d8ceb8e7, Working as Lab. Supdt.
GOSAIN Sub Divisional Railway Hospital, Itarasi, MP
6. Mahavir Pandit, working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP SERIALNUMBER=
7. Kulbhushan Doval, Working as Lab. Supdt., Northern Railway Divisional Hospital, Lucknow, UP - Respondents (Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5 d0d7b00332dcafe52e80b3bd671501cbb94fb 54e4a6d1b58cf7c355c3dc50deb, E= [email protected], CN=LALIT GOSAIN 2026.04.29 15:32:17+05'30'