Central Administrative Tribunal - Kolkata
Chhattu Ghosh vs Eastern Railway on 17 March, 2026
1 O.A./350/0107/2025 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A./350/0107/2025 Date of Hearing:- 03/02/2026.
Date of Order:- 17/03/2026.
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member.
Hon'ble Mr. Diwakar Singh, Judicial Member.
1. Chhattu Ghosh, son of Srikanta Ghosh, aged about 30 years, working as Section Controller in Central Control/Eastern Railway Headquarter, residing at Village- Harishpur, Post- Krishnagar, District- Nadia, West Bengal- 741101.
2. Mukesh Kumar Sah, son of Suresh Sah, aged about 31 years, working as Section Controller in Central Control/Eastern Railway Headquarter, residing at Village- Harishpur, Post- Krishnagar, District- Nadia, West Bengal- 741101.
...........Applicants
-Versus-
1. Union of India, service through the General Manager, Eastern Railway, Fairlie Place, Kolkata- 700001.
2. The Principal Chief Personnel Officer, Eastern Railway, Fairlie Place, Kolkata- 700001.
3. The Divisional Railway Manager, Eastern Railway, Asansol Division, DRM Building, Asansol, West Bengal- 713301.
4. The Sr. Divisional Personnel Officer, Eastern Railway, Asansol Division, DRM Building, Asansol, West Bengal- 713301.
..........Respondents For the applicant(s) : Mr. N. Roy (Counsel). For the respondent(s) : Mr. N.K. Das (Counsel) (Through VC).
O R D E R. Per: Mr. Anindo Majumdar, Administrative Member.
1. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):- Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 2 O.A./350/0107/2025 "(a) An order do issue directing the respondents to act and proceed in accordance with the provision of law;
(b) Office Order dated 27.08.2024 issued on behalf of the respondent no. 3 along with the purported Speaking Order dated 22.08.2024 issued by the respondent no. 4 are not tenable in the eye of law and as such the same may be quashed.
(c) Office Order 05.02.2024 issued by the respondents to the extent of confirming the increase of 09 Number of posts in the cadre of Section Controller in Asansol Division without maintaining the 90:10 ratio in CHC and SCNL positions in the cadre of Traffic Controllers within the said division while implementing the RBE No. 102/2013 dated 08.10.2013 is not tenable in the eye of law and as such the same may be quashed.
(d) An Order do issue directing the respondents to implement RBE No 102/2013 dated 08.10.2013 in appropriate manner and thereby directing them to maintain the 90:10 ratio in CHC and SCNL positions in the cadre of Traffic Controllers within the Asansol Division at an earliest;
(e) An Order do issue directing the respondents to extend the benefit of promotion in favour of the applicants to the post of Chief Controller with effect from the date his counterparts had been promoted to such posts particularly when the Junior trainees such as Traffic apprentices of Sealdah Division had already been promoted to the post of Chief Committee;
(f) To grant all consequential benefits;
(g) To grant Costs and Incidentals;
(h) Certify and transmit the entire records and papers pertaining to the applicant's
case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b), (c) and (d) above;
(i) Any other order or orders as the Hon'ble Tribunal deems fit and proper".
2. The applicants were appointed as Trainee Traffic Apprentice, and joined the Sealdah Division of Eastern Railway on 18/05/2018. The Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/0107/2025 applicants did not qualify in the aptitude test. However, they were posted as Section Controller in the Asansol Division of Eastern Railway vide order dated 30/10/2019 and joined the said Division on 18/11/2019. Thereafter, the applicants were transferred and posted at the office of the PCOMO in headquarters vide office order dated 14/02/2020, with their lien being maintained at the Asansol division.
3. The applicants are holding the post of Safety Controller at Level 06 in Pay Band 02 (Grade Pay Rs. 4200/-). They are aggrieved with the creation of 09 posts of Safety Controller at Level 06 without a proportionate increase of the posts at the next higher level i.e, Level 07 which according to them adversely affects their avenue for promotion and which also violates Railway Board Order RBE No.102/2013 dated 08/10/2013.
4. The applicants had submitted representations dated 10/08/2023 followed by reminders dated 22/08/2023 and 12/10/2023. The applicants had filed an original application being O.A./350/659/2024, which was disposed of by this Tribunal vide order dated 22/07/2024 with direction upon the competent respondent Authority to consider and decide the pending representation of the applicants in accordance with the extant rules and policy in vogue.
5. Pursuant to the above order of this Tribunal, the Senior Divisional Personnel Officer, Eastern Railway, Asansol (Respondent No. 4) had passed an order dated 22/08/2024.
Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/0107/2025
6. Being aggrieved by the above order, the applicants have filed the instant original application seeking the relief is mentioned that para one above.
7. Heard Learned Counsel for both the parties and have considered the material on record.
8. At hearing, the submissions made by Learned Counsel for the applicants are summarized below:-
8.1 Learned Counsel for the applicants drew attention of the Tribunal to Railway Board order RBE No. 102/2013 dated 08/10/2013 (Annexure A/3) regarding restructuring of certain Group-C cadres. 8.2 As per the said order, the proportion of posts of Traffic Controller (safety category) at level 7 in Pay Band 2 (Grade Pay Rs. 4600) and at level 6 in Pay Band 2 ( Grade Pay : Rs 4200) was fixed at 90: 10. 8.3 Accordingly, as per the above order, the revised sanctioned strength of Traffic Controllers (safety category) was fixed at 37 posts at level 7 in PB 2(GP : Rs 4,600) and 04 posts at level 6 in PB 2 (GP: Rs 4,200/-). 8.4 05 Posts at level 6 in PB 2 (GP: Rs 4,200/-) were created on a temporary basis vide order dated 27/02/2012 and another 04 posts at Level 6 in PB 1 level (GP: Rs 4,200/-) were created vide order dated 07/08/2017 in Asansol Division of Eastern Railway. 8.5 Although a total of 09 additional posts at level 6 in PB 1 (GP: Rs 4,200/-) were created, there was no corresponding proportionate increase at level 7 in PB 2 and the distribution of posts between level 7 in PB 2 and level 6 in PB 3 in the proportion of 90:10 as fixed by Railway Board vide RBE No. 102/2013 dated 08/10/2013, was disturbed with adverse implications on the promotion prospects for the applicants. Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/0107/2025 8.6 The batchmates of the applicants who are posted in other divisions of Eastern Railway (including their juniors) did not suffer from such adverse consequences since additional posts at level 6 in PB 2 were not created in their divisions and consequently the applicants are being discriminated against.
9. At hearing, the submissions made by Learned Counsel for the respondents are summarized below:-
9.1 The cadre restructuring as per provided in Railway Board Order RBE No. 102/2013 dtd 08/10/2013 was implemented on 01/11/2013. Accordingly, the revised sanctioned strength of the cadre of Traffic Controller (safety category) as on the said date consisted of 41 posts of which 37 posts were in Level 7 (PB:2 with GP Rs 4,600/-) and 04 posts were in Level 6 (PB:2 with GP Rs 4,200/-) and that this distribution of posts between Level 7 & Level 6 was in the proportion of 90: 10 as fixed in the Railway Board order RBE No.102/2013 dtd 08/10/2013. 9.2 05 Posts at Level 6 in PB 2 were temporarily created with the approval of the General Manager, Eastern Railway vide order dated 27/02/2012, and 04 Posts at Level 6 in PB 2 were permanently created vide order dated 07/08/2017 and that consequently, the cadre strength of Traffic Controller (safety category) was increased to 50 Posts of which 37 were in Level 7 in Pay Band 2 and 13 posts were in Level 6 in Pay Band 2. 9.3 RBE No. 102/2013 dated 08/10/2013 does not constrain the Railways from creation of additional posts at any level and that such additional posts are taken into account in subsequent cadre reviews. Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/0107/2025 Findings.
10. An exercise for restructuring of certain Group-C cadres was undertaken by the Railway Board and on the basis of the said exercise, an order being RBE No. 102/2013 dtd 08/10/2013 was issued by the Railway Board whereby the posts of Traffic Controllers (safety category) were distributed at the level of level 7 in PB 2 and Level 6 in PB2 in the revised percentage of 90:10 as against the then existing percentage of 85:15.
11. Consequently, the number of posts at Level 7 was revised at 37, whereas the number of posts at Level 6 was revised at 04. Subsequently, an additional 09 posts at Level 6 in PB 2 were created resulting the increase in the total cadre strength from 41 to 50. The increase in additional posts at Level 6 without proportionate increase in Level 7 posts has led to a situation whereby the inter se distribution of posts in the cadre between Level 7 and Level 6 in the ratio of 90:10 as fixed by RBE No. 102/2013 has been disturbed. The applicants who are holding Level 6 posts are aggrieved since they feel that their promotion to Level 7 will be adversely affected.
12. The respondents have justified the increase in creation of an additional 09 posts in Level 06 PB 2 and have submitted that the promotion avenues for the applicants who are in Level 06 in PB 2 (GP: Rs 4,200/-) will not be affected since 50% of the posts at Level 7 in PB 2 (GP:
Rs 4,600/-) have already been upgraded to Level 8 (GP: Rs 4,800/-) and consequently, the applicants are likely to be promoted to the next higher level in due course.
Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/0107/2025
13. The Senior Divisional Personnel Officer, Eastern Railway, Asansol has passed a speaking order dated 22/08/2024 (Annexure A/6) compliance with the orders of this Tribunal dated 22/07/2024 in O.A./350/0897/2024. An extract from the said order is reproduced below:-
"9. Moreover, on implementation of RBE No. 155/2022, 50% post of CHC in Level -7 (GP, Rs. 4600/-) has been again up-graded in Level-8 (GP, Rs. 4800/-) and fraction of vacancies are kept in Level-7. That states 18 nos. of post are up-graded in Level-8 having designation CHC (GP, Rs. 48000/-) and 19 nos. of post are kept for Level-7 (GP, Rs. 4600/-).
10. Considering the higher grade AVC (Avenue of promotion) of Level-8 & Level-7 for the post CHC, 06 vacancies (UR-03, SC-02, ST-01) are already called up from the immediate lower grade i.e, SCNL in Level-6 (GP, Rs. 4200/-) on seniority-cum- suitability basis vide this office letter No. E(T-1)/CHC/Prom./L-7/24, dated 21.08.2024. Accordingly, Sri Chhattu Ghosh, SCNL/ASN presently working at HQ (one of the petitioner of O.A. No. 350/897/2024, M.A. No. 350/659/2024) is already considered in zone of consideration against anticipated vacancy (due to superannuation on 31.07.20250 is liable to be filled-up as on 01.08.2025.
11. In light of para-10 above, Sri Mukesh Kumar Sah, SCNL/ASN presently working as HQ (another petitioner of O.A. No. 350/897/2024, M.A. No. 350/659/2024) will also come in zone of consideration against seniority-cum-suitability for the post of CHC in Level-7 (GP, Rs. 4600/-) as soon as the vacancies arises.
Thus, the order dated 22.07.2024 passed by the Hon'ble Cat/Kolkata Bench in O.A. No. 350/897/2024, M.A. No. 350/659/2024 is hereby disposed off and complied with in consonance with the relevant Railway Rules on the subject".
14. We have perused the above order and find it to be a reasoned and speaking order.
Digitally signed by Sambit Kumar Ganguly DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A./350/0107/2025
15. The applicants are aggrieved due to creation of additional 09 posts at Level 6 (in which they are currently placed) without creation of additional posts at the next higher level at Level 7. They have contended that the creation of additional posts at Level 6 correspondingly increased in posts at Level 7 violates the Railway Board order RBE/102/2013 dated 08/10/2013 which specifies the inter se distribution of Traffic Controllers (Safety category) between Level 7 and Level 6 in the proportion of 90:10.
However, we find that on perusal of the RBE/102/1013 dated 08/10/2013, it provides that any imbalance/variation in the cadre can be reviewed at the time of next annual cadre review.
We have also noted that the respondents have in the meantime on implementation of RBE No. 155/2012 upgraded to the posts at Level 7 in PB 2 (GP: Rs. 4600) to Level 8 (GP: Rs. 4800) and that consequently, additional promotion avenues for the applicants have been created.
16. In view of the above discussion, we do not find that the applicants have any ground to be aggrieved. We, therefore, do not find any merit in this Original Application. Accordingly, the Original Application is dismissed without any order as to costs.
(Diwakar Singh) (Anindo Majumdar)
Judicial Member Administrative Member
//SKG//
Digitally signed by Sambit Kumar Ganguly
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= Sambit Kumar 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c 00de89, PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b 4e36f2e, CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2026.04.07 10:54:12+05'30' Foxit PDF Reader Version: 2024.3.0