Central Administrative Tribunal - Patna
Mohan Pd vs Railway on 6 January, 2026
1 OA 491/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
PATNA
O.A. 050/00491/2017
Reserved on : 08.12.2025
Pronounced on : 06.01.2026
Coram: Hon'ble Mr. Justice Narendra Kumar Johari, Judicial Member
Hon'ble Mr. Kumar Rajesh Chandra, Administrative Member
In the matter of :
Mohan Prasad,
Ex-Jeep Driver under Deputy Chief Engineer
(Construction), East Central Railway, Rajgir, District-
Nalanda (Bihar), Resident of Village/ Mohallah- Chhoti
Badalpura, Near Railway High School, Danapur, PO-
Khagaul, PS- Khagaul, District- Patna (Bihar).
.............Applicant
VS.
1. The Union of India through the General Manager, East
Central Railway, Hajipur, PO- Digghi Kalan, PS- Hajipur,
District- Vaishali at Hajipur, Pin Code- 844101 (Bihar).
2. The General Manager (Personnel), East Central Railway,
Hajipur, PO- Digghi Kalan, PS- Hajipur, District- Vaishali at
Hajipur, Pin Code- 844101 (Bihar).
3. The Chief Administrative Officer (Construction)/ North,
East Central Railway, Mahendrughat, PO- Bankipur, PS-
Pirbahore, District- Patna -800006 (Bihar).
4. The Divisional Railway Manager, East Central Railway,
Danapur, PO- Khagaul, PS- Danapur, District- Patna-
801105 (Bihar).
5. The Senior Divisional Personnel Officer, East Central
Railway, Danapur, PO- Khagaul, PS- Danapur, District-
Patna- 801105 (Bihar).
6. The Senior Divisional Financial Manager, East Central
Railway, Danapur, PO- Khagaul, PS- Danapur, District-
Patna - 801105 (Bihar).
SONALI
Digitally signed by SONALI LAL
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814
65079777, PostalCode=800009, S=Bihar, SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e
38d5aed96, CN=SONALI LAL
LAL
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2026.01.06 12:30:58+05'30'
Foxit PDF Reader Version: 2025.2.0
2 OA 491/2017
7. The Deputy Chief Engineer (Construction), East Central
Railway, Rajgir, District- Nalanda- 803116 (Bihar).
........ Respondents
For The Applicant(s): Mr. M. P. Dixit, Counsel
For The Respondent(s): Mr. Bindhyachal Rai, ASC
ORDER
Per : Kumar Rajesh Chandra, Administrative Member The Applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"8.1 That your Lordships may graciously be pleased to quash and set aside the impugned Orders dated 01.01.2016 together with the Order dated 19/25.02.2013 passed by the Respondent no. 4 as contained in Annexure- A/1 & A/2 respectively in view of the Order passed by this Hon'ble Tribunal as contained in Annexure-A/5, A/6 & A/7 respectively. 8.2 That your Lordships may further be pleased to direct/ command the Respondents to grant promotions upto the post of Motor Driver Grade-I in the pay scale of Rs. 4,500/- to Rs. 7,000/- at par with his junior namely Sri Ram Chandra with all consequential benefits along with arrears and statutory interest thereupon.
8.3 That your Lordships may further be pleased to direct/ command the Respondents to revise the entire pensionary benefits to the post of Motor Driver Grade-I along with arrears statutory interest thereupon from the date of retirement and actual payment.
8.4 Any other relief or reliefs including cost of the proceeding be allowed in favour of the applicant."
2. For the sake of clarity, facts in the case as stated by the applicant in his OA, are delineated and discussed herein under :-
The Applicant superannuated from service on 31.03.2015 while serving as Jeep Driver under the Deputy Chief Engineer (Construction), East Central Railway, Rajgir.
SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 3 OA 491/2017 The Applicant was initially engaged as Project Casual Labour in the capacity of Motor Driver, a Group 'C' post, in the pay scale of Rs. 260-400. He was granted temporary status as Motor Driver / Jeep Driver with retrospective effect from 01.01.1984 in terms of Railway Board's Order dated 01.06.1984. Subsequently, pursuant to Railway Board's Order dated 11.09.1986, the said pay scale was revised to Rs. 950-1500 with effect from 01.01.1986.
One Sri Ram Chandra, admittedly junior to the Applicant, was initially engaged on 29.12.1970 as Project Casual Labour in Group 'D'. He was re-engaged as Cleaner on 05.05.1988 and granted temporary status in Group 'D' with effect from 01.01.1981. Despite being junior and belonging to Group 'D', Sri Ram Chandra was promoted on 08.06.1989 to the post of Motor Driver / Jeep Driver in the pay scale of Rs. 260-400 (Rs. 950-1500 revised). He was further promoted to Motor Driver / Jeep Driver Grade-II (Rs. 4000-6000) vide order dated 21.08.2002, and Motor Driver / Jeep Driver Grade-I (Rs. 4500-7000) vide order dated 24.12.2005. He ultimately superannuated on 30.11.2009, whereas the Applicant, despite being in Group 'C' as Motor Driver from inception, was denied all such promotions.
Being aggrieved, the Applicant submitted several representations. Upon receiving no relief, he sought information under the RTI Act, 2005. Vide letter dated 28.10.2009, the Respondents disclosed that the Applicant's seniority had been wrongly fixed as Gangman and his lien shown in Open Line vide order dated 15.02.2007, whereas Sri Ram Chandra's seniority and lien were fixed as Motor Driver / Jeep Driver Grade-III vide order dated 27.02.1995. The Applicant submits that he was SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 4 OA 491/2017 never reverted as Gangman at any point of time and continued throughout as Motor Driver / Jeep Driver till superannuation, and hence could not be penalised for administrative lapses.
The Applicant filed O.A. No. 26 of 2010, wherein the Respondents admitted that Sri Ram Chandra was junior. This Tribunal, vide order dated 30.08.2012, categorically held in para-21 that:
"It is not in dispute that Ram Chandra was junior to the Applicant in terms of his initial engagement as well as grant of temporary status as Motor Driver..."
The Tribunal directed the Respondents to pass a reasoned and speaking order. Despite repeated opportunities, the Respondents issued speaking orders dated 19/25.02.2013 and 01.01.2016, both rejecting the Applicant's claim. These were repeatedly set aside by this Tribunal in C.C.P.A. No. 98 of 2013, with categorical directions to comply with the original order dated 30.08.2012 in letter and spirit. Pursuant to directions dated 21.07.2016 in C.C.P.A. No. 98 of 2013, the Respondents produced service records and a comparative chart, which clearly demonstrated that the Applicant was senior, and he was working as Motor / Jeep Driver in Group 'C' from inception, whereas Sri Ram Chandra belonged to Group 'D'.
The Hon'ble High Court of Patna, in C.W.J.C. No. 17749 of 2016, set aside only that portion of the contempt order which granted prospective pensionary benefits, solely on the ground of contempt jurisdiction (that no new direction can be issued), while not disturbing the findings in O.A. No. 26 of 2010 or subsequent orders.
SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 5 OA 491/2017 In view of the final findings, the Applicant has filed the present Original Application seeking grant of promotion to Motor Driver Grade- II and Grade-I from the dates his junior was promoted, along with all consequential benefits including revision of pension, the Applicant having superannuated on 31.03.2015.
3.1 Learned Counsel for the Applicant submits that it is an admitted and judicially determined fact that the Applicant is senior to Sri Ram Chandra and was holding a Group 'C' post from inception, yet was denied promotions granted to his junior.
3.2 It is argued by Learned Counsel for the Applicant that erroneous fixation of seniority or lien due to administrative negligence cannot deprive the Applicant of his legitimate promotional benefits, particularly when he was never reverted nor worked as Gangman. 3.3 Learned Counsel for the Applicant further submits that the findings recorded by this Tribunal in O.A. No. 26 of 2010, supported by subsequent contempt orders, have attained finality, the same having not been interfered with by the Hon'ble High Court. 3.4 Learned Counsel for the Applicant submits that the Applicant has not sought quashing of promotions granted to Sri Ram Chandra, who has already superannuated. The present claim is confined to consequential service and pensionary benefits, causing no prejudice to any third party.
4. Per contra, Learned Counsel for the Respondents submits at the outset that the present Original Application is not maintainable either in fact or in law. The Applicant is seeking the very same relief which was earlier claimed in O.A. No. 26 of 2010, and therefore the present O.A. is barred by principles of finality and res judicata. SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 6 OA 491/2017 4.1 Learned Counsel for the respondents submits that the Applicant was engaged as Casual Labour on 23.05.1973 and was granted Temporary Status on 01.01.1981. He was appointed substantively as Gangman with effect from 01.04.1988 in the pay scale of Rs. 775-1025 vide CPO/ECR letter dated 05.07.1991. His lien was fixed in Danapur Division (Open Line) as Gangman under PWI/Patna Junction vide CPO letter dated 07.09.2006. The Applicant ultimately retired on 31.03.2015 from the post of Gangman.
4.2 Learned Counsel for the respondents submits that under local arrangements of the Construction Organisation, the Applicant was utilized as Motor Vehicle Driver purely on ad-hoc basis, which did not create any right for regularisation or promotion in the cadre of Motor Vehicle Driver in the open line. Such ad-hoc utilization cannot be counted for fixation of seniority, promotion or any other service benefit in the open line establishment.
4.3 It is further submitted by Learned Counsel for the respondents that the Applicant was never appointed or regularised as Motor Vehicle Driver. Even if in certain office orders his designation was mentioned as Motor Driver, the same was erroneous and does not alter his substantive post of Gangman, in which his lien was fixed and from which he retired. 4.4 Learned Counsel for the respondents refutes the Applicant's claim of parity with Shri Ram Chandra. Both employees belonged to different seniority units. Shri Ram Chandra was absorbed in open line earlier, was assigned lien as Motor Vehicle Driver, participated in the requisite suitability / trade test, and only thereafter was promoted to Motor Vehicle Driver Grade-III, Grade-II and Grade-I. Learned Counsel for the SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 7 OA 491/2017 respondents submits that promotion to the post of Motor Vehicle Driver is governed by mandatory suitability / trade test, and without undergoing and qualifying such test, no employee can be promoted. The Applicant, on the other hand, never participated in any suitability or trade test for Drivers and thus cannot claim promotion by mere comparison. 4.5 Learned Counsel for the respondents submits that the Respondents have fully complied with the directions of this Tribunal by passing speaking orders, including the fresh speaking order dated 01.01.2016, wherein it was clearly held that, "the Applicant and Shri Ram Chandra belonged to different seniority units, and the Applicant was not senior to Shri Ram Chandra in the relevant cadre." Thus, there is no wilful disobedience or non-compliance on the part of the Respondents.
5. We have heard rival contentions of the parties, perused material on record, earlier orders passed by this Tribunal as well as the judgment of the Hon'ble High Court and considered the matter in its entirety.
5.1 The core issue involved in the present Original Application is whether the Applicant is entitled to promotion to the post of Motor Vehicle Driver (Jeep Driver) Grade-II and Grade-I with effect from the dates on which his alleged junior, namely Sri Ram Chandra, was promoted, along with consequential service and pensionary benefits. 5.2 It is an admitted position that the Applicant was engaged as Casual Labour, granted temporary status, and thereafter his substantive appointment and lien in the open line were fixed as Gangman. The official records further establish that the Applicant retired from service on 31.03.2015 from the post of Gangman, and not from the post of Motor Vehicle Driver. The Applicant never participated in any suitability or SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 8 OA 491/2017 trade test for Drivers and thus cannot claim promotion by mere comparison and harping on joining earlier thereby claiming to be senior to Sri Ramchandra.
5.3 The material on record clearly demonstrates that the Applicant was utilized as Motor Vehicle Driver by the Construction Organisation purely on ad-hoc and local arrangement basis, which, as per settled service jurisprudence, does not confer any legal or vested right for regularisation, promotion, fixation of seniority or grant of consequential benefits in the open line establishment.
5.4 The comparison sought to be drawn by the Applicant with Sri Ram Chandra is found to be misconceived and legally unsustainable, in as much as: both employees belonged to different seniority units, Sri Ram Chandra was absorbed in the open line earlier, he participated in and qualified the mandatory suitability / trade tests, and his promotions were granted strictly in accordance with the applicable rules. The Applicant admittedly never participated in the requisite suitability test for Motor Vehicle Driver, which is a mandatory condition for promotion. 5.5 This Tribunal notes that earlier proceedings in O.A. No. 26 of 2010 and subsequent contempt petitions resulted in directions to pass reasoned and speaking orders, the Respondents have complied with such directions by issuing speaking orders, including the order dated 01.01.2016, wherein the claim of the Applicant was examined and rejected on cogent and sustainable grounds. 5.6 The Hon'ble High Court, while interfering with a portion of the order passed in contempt proceedings, has categorically held that no fresh relief can be granted in contempt jurisdiction, thereby leaving the SONALI Digitally signed by SONALI LAL DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0 9 OA 491/2017 Applicant to challenge the speaking orders in appropriate proceedings. However, the Hon'ble High Court has not conferred any affirmative right upon the Applicant for promotion.
5.7 It is a settled principle of law that promotion cannot be claimed as a matter of right, particularly when the employee has not been regularised in the feeder cadre, not undergone the prescribed selection/suitability process, and already superannuated from service in a different substantive post. Grant of notional promotion and pensionary benefits in such circumstances would be contrary to service rules and established legal principles. He has a right to be considered provided he fulfils the required condition for promotion that is not evident in this instant OA. 5.8 In view of the foregoing facts and legal position, we are of the considered opinion that the Applicant has failed to establish any enforceable legal right to claim promotion to the post of Motor Vehicle Driver Grade-II or Grade-I or any consequential benefits on parity with Sri Ram Chandra.
6. Accordingly, the Original Application is found to be devoid of merit and is dismissed.
There shall be no order as to costs.
Sd/- Sd/-
(Kumar Rajesh Chandra) (Justice Narendra Kumar Johari)
Administrative Member Judicial Member
sl
SONALI
Digitally signed by SONALI LAL
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9e 38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2026.01.06 12:30:58+05'30' Foxit PDF Reader Version: 2025.2.0