Central Administrative Tribunal - Chandigarh
Rajesh Kumar vs M/O Railways on 13 October, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1341/2018
PRONOUNCED ON: 13.10.2025
RESERVED ON: 16.09.2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Rajesh Kumar, Aged 35 years, S/o Sh. Jai Parkash, Working as
AC Khallasi, under SSE-Katra (Jammu), R/o Village & P.O.
Siwaha, Distt. Jind (Haryana)-126102, Group C.
.... Applicant
(By Advocate: Sh. Sandeep Siwatch).
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1. Union of India through Secretary, Railway Board, Railway
Bhawan, New Delhi-110001.
2. The Chairman, Railway Recruitment Board, Nehru Marg,
Near Ambedkar Circle, Ajmer-305028.
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
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ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
I. Quash order dated 31.10.2017 (served upon the applicant in the first week of Nov., 2017), copy attached as Annexure A-1, whereby the candidature of the applicant has been cancelled by the respondents on the ground that he failed to submit the NoC with regard to his employment in other department and he failed to mention the date of purchase of IPO and they also rely upon para No. 1.01, 3.06, 4.07, 13.03 and 13.06 of the notice dated 12.05.2012 (A-1) and grounds were also taken in earlier round of litigation and this Hon'ble Tribunal allowed the Ο.Α. No. 060/919/2016 vide judgment dated 18.09.2017 and quashed the order dated 25.01.2016. Applicant was not appointed at the time of document verification i.e. 09.09.2014 and he also submitted the details when he purchase the IPO after getting the same from Department of Post vide letter dated 17.12.2014 and quashing thereof.
II.
Direct the respondents to consider and appoint the applicant to the post of Traffic Apprentice & Goods Guard in Pay Band 9300-34800 KAMLA DEVI with Grade pay of Rs. 4200/- with all the KAMLA DEVI consequential benefits.
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2. Briefly stated facts of the case are that respondent No.2 issued Notice dated 12.05.2012 inviting applications for filling of number of posts including the post of Traffic Apprentice & Goods Guard in Pay Band 9300-34800 with Grade Pay of Rs.4200/- with closing date by 11.06.2012 upto 17:30 hrs for different categories. The applicant being fully eligible as per the criteria laid down in the advertisement applied for the post of Traffic Apprentice & Good Guard. Written examination was held on 02.12.2012 at Jaipur and applicant 3 was declared pass and was subjected to second written examination which was held at Ajmer on 18.08.2013. Thereafter, the respondents declared the final result vide order dated 12.08.2014, wherein name of the applicant was included in the list of selected candidates. Selected candidates were called in the office of R.R.B. Ajmer on 09.09.2014 for documents verification. The applicant appeared on that date. However, when the final result was issued on 21.10.2014, name of the applicant was not included therein. So the applicant immediately approached the respondents but to no avail. In the meantime the applicant also cleared the selection process for the post of Khalasi in Railway and was appointed on the said post on 09.10.2014.
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3. When he was not informed about his result regarding post of Traffic Apprentice and Goods Guard, he approached the Principal Bench of the Tribunal by filing O.A. No.4251/2015 which was disposed of vide order dated 20.11.2015, with a liberty to the applicant to make representation for redressal of his grievance to the concerned authority within a period of two weeks which was to be decided by the respondents within six weeks thereafter. The applicant submitted representation on 09.12.2015, which was rejected by the respondents vide impugned order dated 25.01.2016 4 (Annexure A-8) on two grounds one that the applicant failed to provide the date of purchase of IPO and second NOC from the present department of the applicant, so the candidature of the applicant was rejected.
4. The applicant approached the Principal Bench of the Tribunal by filing O.A. No.7221/2016 titled as Rajesh Kumar versus U.O.I. and Anr. Challenging the order dated 21.10.2014 and dated 25.01.2016 declaring him ineligible for appointment to the post of Traffic Apprentice. Thereafter, the applicant also filed P.T. No.100/211/2016 before the Hon'ble Chairman for retention of O.A. before Principal Bench, which was rejected and the O.A. was Transferred to this Tribunal vide order dated 16.09.2016.
5. Applicant appeared before this Tribunal and submitted that KAMLA DEVI KAMLA DEVI2025.10.17 12:31:27+05'30' the respondents have not considered this fact that the applicant couldn't submit the NOC because on the date of submission of application and on the date of verification, he was not in service and applicant had already given information with regard to date of purchase of Indian Postal Order to the respondents, therefore, the respondents could not reject the claim of the applicant if they could have considered this fact in right prospective. The Tribunal vide order dated 18.09.2017 allowed the O.A. After receiving the order of the Tribunal, respondents again cancelled the 5 candidature of the applicant on the same grounds by relying upon paras No.1.01, 3.06, 1.07, 13.03 and 13.06 of the notice dated 12.05.2012 vide order dated 31.10.2017.
6. According to applicant the impugned order (A-1) and action of the respondents in cancelling the candidature of the applicant on the same very grounds which was mentioned in the earlier order dated 25.01.2016 is illegal, arbitrary, non application of mind, discriminatory, not sustainable in the eyes of law and violative of Article 14 and 16 of the Constitution of India. Hence the present Original Application.
7. The respondents have filed written statement dated 30.05.2019 stating that applicant is seeking appointment to the post of Traffic Apprentice & Goods Guard, whereas the Railway Recruitment Board is not an appointing agency and KAMLA DEVI KAMLA DEVI2025.10.17 12:31:27+05'30' only selects suitable candidates and sends the list to the indenting Railway units for offering appointment. The panel of recommendations by the Railway Recruitment Board, Ajmer was sent, vide Annexure A-5 dated 21.10.2014, to the indenting units who have made appointments of the recommended candidates long back. Moreover, directions to appoint the applicant on a particular post would be infructuous, particularly at this late stage. It has further been stated that the present OA is not maintainable for lack of territorial jurisdiction of this Bench in view of the latest 6 judgment dated 13.12.2018 of a co-ordinate Bench of Jaipur in MA 291/593/2017 dt. 3.1.2019 (Ann. R-1) interpreting para 17 of the Employment notice therein that any legal issues arising out of the said notice shall fall within the legal jurisdiction of the respective Central Administrative Tribunal wherein the Railway Recruitment Board concerned is located. An identical issue exists in the present O.A. as Para 13.09 of the present Employment notice contains an identical provision so according to respondents O.A. lacks territorial jurisdiction.
8. It has further been stated that the OA is bad on account of mis-joinder of parties. The Union of India has been unnecessarily impleaded through the Secretary Railway Board even KAMLA DEVI though he has nothing to do with the recruitment KAMLA DEVI2025.10.17 12:31:27+05'30' of the posts advertised in the Employment Notice. In similar circumstances, vide order dated 31.8.2018, the Hon'ble Punjab & Haryana High Court has deleted the name of the Secretary Railway Board from the array of respondents, being not a necessary party because the Chairman Railway recruitment Cell has already been arrayed as a party. The Chairman Railway Recruitment Board, Ajmer Resp. No.2, who has passed the impugned order dated 31.10.2017 is the competent authority to advertise the posts, conduct the examination and recommend the names of suitable 7 candidates to the indenting Zonal Railways/Divisions/Offices. The Union of India ought to have been impleaded only through the Chairman Railway Recruitment Board Ajmer.
9. According to respondents, during Document verification on 9.9.2016, it was found that, the applicant did not indicate the date of purchase of IPO in his application form (as instructed in item No.6 (a) of the Information sheet), which is a violation of condition No.3.06. Further, his application form dated 6.5.2012 was registered at Control No.30015770 dated 06.05.2012 i.e. even before the issue of the Employment Notice dated 12.5.2012 Thus, the applicant violated para 6.06 and 6.18 of the Employment Notice Ann. A-2. Further, from the service record received from Firozepur Division Northern railway where the applicant is serving as Khalasi KAMLA DEVI KAMLA DEVI2025.10.17 12:31:27+05'30' Helper it was noticed that he had already been selected vide Railway recruitment Cell, New Delhi panel Ann. R-3 dated 24.7.2014, was declared medically fit vide Ann. R-4 dated 3.8.2014 and offered appointment as a Khalasi vide Offer Ann. R-5 dated 28.8.2014. The applicant concealed all these material facts at the time of Document verification on 9.9.2014. His application was treated as invalid under the terms of the Employment Notice and instructions provided.
10. We have considered the facts on record as well as the averments made by both the sides. Regarding maintainability 8 of the O.A. we find that Principal Bench had rejected PT No.100/2011/2016 seeking retention of the O.A. before Principal Bench and transferred this O.A. to this Tribunal vide order dated 16.09.2016 (Annexure A-10). In the light of above directions, this Bench has exercised its jurisdiction over this O.A.
11. We find that the applicant has succeeded in the examination for the post of Traffic Apprentice & Goods Guard, conducted by the Railway Recruitment Board. However, since result was declared late, in the meantime he joined after clearing the selection process, the post of Railway Khalasi, on 09.10.2014 i.e. before the final result was issued on 21.10.2014 (Annexure A-4) for the post of Traffic Apprentice & Goods Guard. As per the direction of Principal Bench dated KAMLA DEVI KAMLA DEVI2025.10.17 12:31:27+05'30' 20.11.2015, the applicant made representation on 09.12.2015 to the respondents, which was rejected vide order dated 21.05.2016 (Annexure A-9). The aforesaid representation was rejected on two grounds that during document verification on 09.09.2014, applicant had not produced any date regarding purchase of IPO on 12.05.2012 and he failed to produce NOC from office of General Manager, Ferozepur. Due to these reasons, Railway recruitment Board, Ajmer cancelled his candidature on 25.01.2016 (Annexure A-
9).
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12. After perusing facts on record, we find that the applicant in his rejoinder filed on 10.10.2019. With regard to purchase of IPO, he has stated that he obtained information under RTI Act (Annexure A-12), indicating that IPO No.081622800 for Rs.10 and IPO No.690360164 for Rs.50 were purchased on 05.06.2012 from Jind main post office. From facts on record, it is found that IPO has been purchased on 05.06.2012 and his application dated 05.06.2012 was registered at control No.30015770 with reference to employment notice dated 12.05.2012. So the fact is that the applicant had purchased IPO before the relevant due date and not later as claimed by respondents. Hence in our view cancellation of candidature KAMLA DEVI KAMLA DEVI2025.10.17 on 12:31:27+05'30' this count is incorrect.
13. Second reason for cancellation is non-production of NOC from the office of GM Ferozepur during document verification. As per facts on record, he was offered appointment of Khalasi only on 09.10.2014 and joined on the next day as evident from Annexure A-6. Hence he could not have produced NOC on 9.9.2014 i.e. before his joining as Khalasi on 10.10.2014. So this objection, in our view, is also without any basis and is rejected 10
14. In this context, we have also perused the order dated 18.09.2017 of this Tribunal in O.A. No.60/919/2016 on these issues where a positive finding in favour of applicant has already been recorded in the order. The respondents had been directed to reconsider the matter in the light of observation recorded in the said order. We find Annexure A- 1 order dated 31.10.2017, assailed in this O.A, was passed in response to the earlier order of the Tribunal dated 18.09.2017.
15. We find there is no material change in facts and for the respondents to pass the same order without reconsidering facts shows non-application and is not sustainable. This has KAMLA DEVI KAMLA DEVI2025.10.17 only prolonged the litigation without any 12:31:27+05'30' valid grounds. In the circumstance, it would be in fitness of things if cost of Rs.2500/- is imposed on respondent No.2 to be paid to CAT Bar Association, Chandigarh.
16. The OA is allowed as above. The respondents are directed to allow the applicant to join as Traffic Apprentice & Goods Guard from due date. His pay will be fixed notionally and no arrears are to be paid. However, he is entitled to pay and allowances as applicable from the date he joins. Seniority 11 will be fixed from due date. The entire process is to be completed by the respondents within ten weeks from the date of receipt of copy of this order.
17. The O.A. is allowed as above and costs imposed on respondent No.2 as above.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
/kr/
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