Central Administrative Tribunal - Jabalpur
Manoj Dangadh vs Western Railway on 19 December, 2025
1 OA Nos.200/681/2023 & 200/771/2023
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Applications Nos.200/681/2023 & 200/771/2023
Jabalpur, this Friday, the 19th day of December, 2025
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Manoj Dangadh, S/o Late Shri Ra Gopal Ji Dangadh, aged about 56
years, working as Chief Reservation Supervisor, Reservation Office, Ujjain,
Western Railway Ratlam Division, Ujjain, M.P. - 456010, R/o 45 - A
Gordan Dharm, Ujjain, M.P. - 455010.
2. Niket Upadhayay, S/o Late Shri R.P. Upadhayay, aged about 55 years,
working as Chief Reservation Supervisor, Reservation Office, Nagda
Western Railway, Ratlam Division, Nagda, M.P. - 456331, R/o 620, Katju
Nagar, Ratlam, M.P. - 457001.
-Applicants in OA 200/681/2023
Antim Bala Garg, W/o Late Shri Sanjay Garg, aged about 48 years, working
as Office Superintendent in the office of Personal Department, at DRM
Office, Do Batti Ratlam, Western Railway, Ratlam - 457001, R/o 149,
Indra Nagar, Ratlam, M.P. - 457001.
-Applicants in OA 200/681/2023
(By Advocate - Shri Arun Soni)
Versus
1. Union of India through its General Manager, office of the General
Manger, Western Railway, Head Quarters Office, M.K. Marg, Churchgate,
Mumbai = 400020.
2. Divisional Railway Manager, Western Railway Office of DRM, Do Batti,
Ratlam - 457001.
3. Sr. Divisional Personal Officer, Office of DRM, Do Batti, Ratlam -
457001.
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2 OA Nos.200/681/2023 & 200/771/2023
-Common Respondents Nos.1 to 3 in both the OAs
4. Ku. Lila Jarawat CRS COR (Chittorh) Railway Station through Sr.
D.P.O. Office of DRM, Do Batti, Ratlam - 457001.
5. Chuutan Lal Meena, CRS Ujjain, Railway Station through Sr. DPO
Office of DRM, Do Batti Ratlam - 457001.
6. Mohan Lal Mahawar, CRS Indore Railway Station through Sr. DPO
Office of DRM, Do Batti Ratlam - 457001.
7. Bharat Kumar Jatav Indore Railway Station through Sr. DPO Office of
DRM, Do Batti Ratlam - 457001.
- Respondents Nos.4 to 7 in OA 200/681/2023
4. Pankaj Malik, O.S. Core ALD through Sr. DPO, Office of DRM, Do
Batti, Ratlam 457001.
5. Deepmala Singh, O.S. Core ALD through Sr. DPO, Office of DRM, Do
Batti, Ratlam 457001.
6. Rajkumar Meena, O.S. Core ALD through Sr. DPO, Office of DRM, Do
Batti, Ratlam 457001.
- Respondents Nos.4 to 6 in OA 200/771/2023
(By Advocate - Shri D.S. Baghel for official respondents in OA
No.200/681/2023 and Shri N.K. Mishra for official respondents in OA
No.200/771/2023)
(Date of reserving order : 08.12.2025)
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3 OA Nos.200/681/2023 & 200/771/2023
ORDER
By Akhil Kumar Srivastava, Member (J).
The applicants in Original Application No.200/681/2023 are challenging the select list dated 04.07.2023 (Annexure A-1) and suitability list dated 11.05.2023 (Annexure A-2), whereas the applicant in Original Application No.200/771/2023 is challenging the notification dated 11.07.2023 (Annexure A-1) and suitability list dated 20.07.2023 (Annexure A-2) to the extent it provides reservation in the matter of upgradation of pay scale in the cadre of Chief Reservation Supervisor/Chief Office Superintendent.
2. Since the issue involved in both these Original Applications is identical, we propose to decide these OAs by way of a common order. For the purpose of this order, the facts and the documents mentioned in Original Application No.200/681/2023 have been referred to for brevity.
3. The applicants are working as Chief Reservation Supervisor under the Western Railway Ratlam Division in the Pay Scale of Rs.9300-34800 with Grade Pay Rs.4600/-. Though the select list dated 04.07.2023 mentions that the posts of CRS in the Pay Scale of Rs.9300-34800 with Grade Pay Rs.4800/- are to be filled from General -09, SC-02 and ST-01 but the same Page 3 of 11 ANUPAM2025.12.19 16:06:09 MISHRA +05'30' 4 OA Nos.200/681/2023 & 200/771/2023 select list includes the 05 SC employees and 2 ST employees by giving unreserved posts to reserved persons. This has been followed in the suitability list dated 11.05.2023.
4. Reply has been filed on behalf of respondents Nos.1 to 3 inter alia stating that as per instructions given in Railway Board letter dated 22.06.2022 and Headquarter letter dated 23.03.2022, the employees of reserved category who on the basis of merit come in the name list, they should not be shown against the reserved points. On this basis for issuance of select list for promotion to the post of CRS, select list was issued on 04.07.2023, which is as per rules. As per bench marking for filling up the 12 posts of CRS GP 4800/-, eligibility list was issued vide letter dated 11.05.2023, in which employees of reserved category, who come between serial Nos.1 to 9 on the basis of seniority have been taken against General points and thereafter employees shown between serial No.10 to 12 have been taken against points Nos.4,12 & 8 reserved for Scheduled Caste and Scheduled Trible respectively. On 14.09.2022, the Department had issued seniority list, which was apprised to all the employees inviting objecting from the persons affected by the seniority list, but the applicants have not made any protest in regard to seniority list.
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5. Respondents Nos.4 to 7 have also filed their reply, wherein they have stated that the present case pertains to upgradation of pay structures of certain cadres ordered by the President in Group C cadre of Ministry of Railways ordered through RBE No.155/2022 dated 17.11.2022 (Annexure R4-7/1) by which 50% of post of various Group C cadres including that of Chief Reservation Supervisor in the Grade Pay of Rs.4600/- has been upgraded in the Grade Pay of Rs.4800/-. It has been in Clause No.5 of Annexure-II appended with the said RBE that there will be no change in nomenclature/designation, duties and responsibilities and classification of the post after upgradation and they will remain classified as Group C. It is not a case of promotion, as has been projected by the applicants. As per Railway Board's Circular No.91/2023 dated 14.07.2023 (Annexure R4-7/5) in case of upgradation of post where portion of the sanction cadre strength is upgraded to the higher grade in that category or a new higher grade, then the reservation is to be applied to parted strength in lower grade as well as upgraded strength. Further, the persons from the suitability list viz; Raju Rajoriya, Suresh Chand Diwakar and Joshef Bud have not been impleaded as parties. Hence, this Original Application suffers from non-joinder of necessary party.
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6. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record.
7. Learned counsel for the applicants submitted it is case of upgradation simpliciter as would be evident from the select list dated 04.07.2023 and suitability list dated 11.05.2023 and in such cases, there is no need to apply rules of reservation. In support of his submission, he placed reliance on the decision of Hon'ble Supreme Court in Bharat Sanchar Nigam Ltd. vs. R. Santhakumar Velusamy & Ors., (2011) 9 SCC 510, wherein it has been held that reservation would apply only to promotional posts and not in the cases of upgradation as there is distinction between upgradation and promotion.
8. On the other hand, learned counsel for the official respondents submitted that as per the seniority list (Annexure A-3), the applicants have been placed at Serial Nos.11 & 12 respectively. They have not preferred any representation against the said seniority list. It has not been disputed that the select list has been prepared on the basis of upgradation of posts of CSR/COS. However, he submitted that as per Railway Board Circular dated 17.11.2022, RBE No.155/2022, the guidelines were issued to upgrade 50% Page 6 of 11 ANUPAM2025.12.19 16:06:09 MISHRA +05'30' 7 OA Nos.200/681/2023 & 200/771/2023 of total sanctioned cadre of CRS/COS from Level -7 to Level-8. Learned counsel for the respondents referred to Para 9 of the additional reply filed in Original Application No.200/771/2023, wherein it has been stated as under:
"9....As per Railway Board Circular dated 17/11/2022 No.PC-VII/2019/RSRP/3 RBE No.155/2022 (R/1) the guidelines were issued to upgrade 50% of the total sanctioned cadre of Chief Office Superintendent (L-7) to Chief Office Superintendent (L-8), in compliance of which by letter dated 18/05/2023 (A/4), 50% of the total sanctioned posts of Chief Office Superintendent (L-7) of establishment department were upgraded to Chief Office Superintendent (L-8), i.e. 50% of total 22 sanctioned posts of (L-7), i.e. total 11 posts. After which the changed cadre of CHOS (L-7) 11 posts and CHOS (L-8) 11 posts and the promotion roster of CHOS (L-7) was changed form "Replacement" to "L" Type. Due to the roster register becoming L type from "Replacement, as per the rules, the assessment of CHOS (L-7) was done with the approval of the competent officer. The notification issued on 09/05/2023 (A/3) was cancelled by this office letter dated 10/07/2023 (R/2) and the vacancies were reassessed on the basis of the new cadre and new roster register of CHOS (L-7) and a new notification was issued on 11/07/2023 (A/1) in which a total of 04 (General-01, SC-02, ST-01) vacancies were notified."
9. We have given our thoughtful consideration to the entire matter and have gone through the case law cited by the respective parties.
10. The sole issue in both these Original Applications is whether the rule of reservation can be applied in the cases where the upgradation of pay structure is only financial upgradation and not promotion.
11. The issue in hand was also the subject matter before the Mumbai Bench of this Tribunal in Original Application No.327/2023 and vide order dated Page 7 of 11 ANUPAM2025.12.19 16:06:09 MISHRA +05'30' 8 OA Nos.200/681/2023 & 200/771/2023 01.12.2023, placing reliance on the judgment of Hon'ble Supreme Court in Bharat Sanchar Nigam Limited (supra), the Mumbai Bench has observed observed as under:
"11. The question involved in this OA are: (i) Whether vacancies were created because of 50 per cent upgradation.; (b) Whether the impugned order is upgradation or promotion; and (c) Whether reservation is applicable in case of promotion or upgradation. In the case of Bharat Sanchar Nigam Limited (supra), Supreme Court has explained principles regarding promotions and upgradations and in which case reservation will be applicable and in which case it will not be applicable. In para 29, Supreme Court held thus:
"29. On a careful analysis of the principles relating to promotion and upgradation in the light of the aforesaid decisions, the following principles emerge:
(i) Promotion is an advancement in rank or grade or both and is a step towards advancement to higher position, grade or honour and dignity.
Though in the traditional sense promotion refers to advancement to a higher post, in its wider sense, promotion may include an advancement to a higher pay scale without moving to a different post. But the mere fact that both that is advancement to a higher position and advancement to a higher pay scale are described by the common term promotion', does not mean that they are the same. The two types of promotion are distinct and have different connotations and consequences.
(ii) Upgradation merely confers a financial benefit by raising the scale of pay of the post without there being movement from a position to a higher position. lower In an upgradation, the candidate continues to hold the same post without any change in the duties and responsibilities but merely gets a higher pay scale.
(iii) Therefore, when there is an advancement to a higher pay scale without change of post, as upgradation it may be referred to or promotion to a higher pay scale. But there is still difference between the two. Where the advancement to a higher pay-scale without change of post is available to everyone who satisfies the eligibility conditions, without undergoing any process of selection, it will be upgradation. But if the advancement to a higher pay-scale without change of post is as a result of some process which has elements of selection, then it will be a promotion to a higher pay scale. In words, other by as upgradation application of a process of selection, Page 8 of 11 ANUPAM2025.12.19 16:06:09 MISHRA +05'30' 9 OA Nos.200/681/2023 & 200/771/2023 contrasted from an upgradation simpliciter can be said to be a promotion in its wider sense that is advancement to a higher pay scale.
(iv) Generally, upgradation relates to and applies to all positions in a category, who have a period of service. to a minimum completed restricted also be Upgradation, can percentage of posts in a cadre with reference to seniority (instead of being made available to all employees in the category) and it will still be an upgradation simpliciter. But if there is a process of selection or consideration of comparative merit or suitability for granting the upgradation or benefit of advancement to a higher pay scale, it will be a promotion. A mere screening to eliminate such employees whose service records may contain adverse entries or who might have suffered punishment, may not amount to a process of selection leading to promotion and the elimination may still be a part of the process of upgradation simpliciter. Where the upgradation involves a process of selection criteria similar to those applicable to promotion, then it will, in effect, be a promotion, though termed as upgradation.
(v) Where the process is simpliciter, there is no need to apply rules of an upgradation reservation. But where the upgradation involves selection process and is therefore a promotion, rules of reservation will apply.
(vi) Where there is a restructuring of some cadres resulting in creation of additional posts and filling of those vacancies by those who satisfy the conditions of eligibility which includes a minimum period of service, will attract the rules of reservation. On the other hand, where the restructuring of posts does not involve creation of additional posts but merely results in some of the existing posts being placed in a higher grade to provide relief against stagnation, the said process does not invite reservation."
12. From this decision of Supreme Court, it is to a or clear that promotion is an advancement in rank or grade or both and is a step towards advancement higher position, grade honour or dignity. Upgradation merely confers a financial upgradation by raising the scale of pay of the post without their being movement from a lower post to higher post and the candidate continues to hold the same post without any change in the duties and responsibilities but merely gets a higher grade pay. When there is a process or of selection consideration of comparative merit or suitability for granting the upgradation or benefit of advancement to a higher pay scale, it will be promotion. A mere eliminate such employees whose scrutiny to service record may contain adverse entries or who might have suffered punishment may not amount to a process of selection leading to promotion and the elimination may still be a part of the process of upgradation simpliciter. Where upgradation involves the process of selection with criteria similar to those applicable to promotion, then it will be termed as promotion, though termed as upgradation. This Supreme Court decision further explains that when there is Page 9 of 11 ANUPAM2025.12.19 16:06:09 MISHRA +05'30' 10 OA Nos.200/681/2023 & 200/771/2023 upgradation similiciter, there is no need to apply the rules of reservation but when the upgradation involves the selection process, then it is promotion, and the rule of reservation will apply.
13. If this principle is applied to the present case, the conclusion that necessarily leads is that the upgradation in the case at hand is not promotion but it is upgradation simpliciter. The letter dated 17th November, 2022 regarding upgradation of pay scale of certain categories states that there will be no change in the nomenclature/ designation, duties and responsibilities and classification of the posts after upgradation and they will remain classified as Group "C".
12. It has been conceded in so many words by the respondents that the posts of CSR/COS were upgraded as per the Railway Board's circular dated 17.11.2022. On perusal of the seniority list (Annexure A-3), it is clearly evident that the persons at Sl. Nos.12, 18 and 19, who have been arrayed as private respondents Nos.4 to 7 in Original Application No.200/681/2023 have been selected ignoring the applicants, who were placed at Sl. Nos.11 & 12 in the seniority list. The very subject of the select list (Annexure A-1) clearly reflects to upgrade 09 posts under General category, 02 under SC and 01 under ST while as many as 03 SC employees and 01 ST employees have been selected over and above the quota existed for them. Similar is the position in Original Application No.200/771/2023. We are of the view that allowing the rule of reservation in the case of upgradation simpliciter is not permissible as explained by the Hon'ble Supreme Court in the case of Bharat Sanchar Nigam Limited (supra).
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13. In view of the aforesaid, the select list and the suitability list impugned in both the Original Applications qua inclusion of private respondents are quashed and set aside to the extent it provides reservation in the matter of upgradation. The respondents are directed to revisit the issue and publish the select list afresh and consider the applicants for grant of financial upgradation to the upgraded post of CSR/COS, subject to their eligibility and issue necessary orders in this regard. This exercise must be completed within a period of 90 days from the date of receipt of a copy of this order.
14. Accordingly, both these Original Applications are allowed in similar term. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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