Central Administrative Tribunal - Jaipur
Arvind Pathak vs M/O Railways on 23 January, 2026
OA No. 164/2016 1
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. 164/2016
Order Reserved on: 16.01.2026
DATE OF ORDER: 23.01.2026
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
Arvind Pathak Son of Shri R.N. Pathak, aged about 47 years,
resident of Pathak Sadan, Near Guru Nanak School, Kota
Junction, Kota and presently working as Deputy Station
Superintendent, Railway Station Kota, West Central Railway,
Kota Division, Kota.
....Applicant
Shri C.B. Sharma, counsel for the applicant.
VERSUS
1. Union of India through General Manager, West Central
Zone, West Central Railway, Jabalpur.
2. Divisional Railway Manager, West Central Railway, Kota
Division, Kota.
3. Shri Sanjay Chauhan, Deputy Station Superintendent,
Railway Station Kota, West Central Railway, Kota
Division, Kota.
4. Shri Mukesh Gupta, Station Superintendent, Railway
Station Luni, West Central Railway, Kota Division, Kota.
.... Respondents
Shri Gopal Krishan Sharma, counsel for respondents
ORDER
Per: RANJANA SHAHI, JUDICIAL MEMBER The present Original Application has been filed by the applicant praying for the following reliefs: - Digitally signed by NATHU LAL
NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 2 "(i) That the respondents be directed to hold good panel dated 24/05/2007 (Annexure-A/6) with due benefits to the applicant including seniority allowed time to time by quashing revise panel dated 04/09/2014 (Annexure-A/1) with the show cause notice dated 05/11/2014 (Annexure-A/15) and further orders passed by the respondents with all consequential benefits.
(ii) That the respondents be further directed not to act against procedure and not to reopen the panel dated 24/05/2007 (Annexure-A/6) as directed by Railway Board vide order dated 19/06/2009 (Annexure-A/9) and benefits of the applicant be stand good with all consequential benefits.
(iii) Any other order, direction or relief may be passed in favour of the applicant, which may be deemed fit, just and proper under the facts and circumstances of the case.
(iv) That the costs of this application may be awarded."
2. The brief facts of the case, as stated by the applicant, are that he was initially appointed as Assistant Station Master. The respondent No. 2 notified selection to the cadre of Station Master (Traffic Apprentice) in the pay scale of Rs. 5500-9000 under Limited Departmental Competitive Examination quota (10%) (LDCE Quota) vide letter dated 18.10.2006 for filling up 11 posts from which 3 were for SC category and 1 was for ST category and in pursuance to that applicant applied for aforesaid post and thereafter official respondents vide letter dated 01.12.2006 issued eligibility list in which name of the applicant was at SI. No. 26. The applicant appeared in the written test and was declared passed vide letter dated 09.05.2007 (Annexure A/5) in which name of the applicant Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 3 was at Sl. No. 6 and name of private respondent Nos. 3 and 4 was at Sl. No. 5 and 9 and further official respondents placed 8 officials on panel vide letter dated 24.05.2007 (Annexure A/6) in which name of the applicant was at SI. No. 1 and names of private respondent No. 3 & 4 did not find place. The applicant was further subjected to undertake training from 18.06.2007 to 08.08.2007. The private respondent No. 3, who does not find place in the panel dated 24.05.2007, further appeared in the subsequent examination and thereafter was placed on the panel vide order dated 31.12.2008 (Annexure A/8) and he was promoted on the aforesaid post. The Railway Board as regards preparation of panel considered the matter and issued order dated 19.06.2009 (RBE No. 113/2009) (Annexure A/9) and cleared the position and also mentioned that order so issued will be effective from 19.06.2009 and prior to that those of the selection panels which have been declared, should not be reopened. The official respondent No. 2 after completion of prescribed training posted the applicant vide order dated 17.08.2009 in the pay scale of Rs. 5500-9000 revised to Rs. 9300-34800 with grade pay of Rs. 4200 and others also given posting and since then upto the revision of panel in the year 2014, the applicant continuously worked on the promoted post with due benefits. The official respondent No. 2 further Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 4 issued seniority list dated 13.02.2013 (Annexure A/13) taking into consideration of Railway Board order dated 26.09.2012 (Annexure A/12) in which applicant was placed at SI. No. 110, aggrieved the applicant made request on 26.12.2013 for assigning seniority as provided vide Annexure A/11 seniority list dated 29.03.2011. The official respondents without extending any chance of hearing revised the panel dated 24.05.2007 vide letter dated 04.09.2014 (Annexure A/1) placing Shri Sanjay Chauhan and Shri Mukesh Gupta i.e. respondent No. 3 & 4 in the panel and deleted the name of the applicant as well as Shri Vinay Kumar Tiwari from the panel after more than seven years on the ground that panel has been revised on the basis of marks obtained despite that at the relevant time, the applicant was placed on panel on the basis of seniority and as per rules in force at that time further allowed seniority in the grade in the year 2011 but official respondents reversed the benefits of the applicant. The official respondents issued show cause notice dated 05.11.2014 (Annexure A/15) after revising the panel reverting the applicant and called for his representation and applicant submitted his representation dated 14.11.2014 (Annexure A/16) stating therein that no notice was issued prior to revision of panel and against revised panel, the applicant had Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 5 already represented on 15.09.2014 (Annexure A/2) but the same is pending without any action.
3. The applicant further stated that official respondents without cancellation of promotion orders of the applicant and without issuing promotion orders of private respondent Nos. 3 and 4 allowed seniority to private respondent No. 3 and 4 vide letter dated 12.12.2015 (Annexure A/17) and official respondents after issuance of notice dated 15.11.2014 (Annexure A/15) did not pass any order considering representation of the applicant (Annexure A/16) till date, which shows that official respondents till date had actually not reverted the applicant.
4. The applicant has repeatedly emphasized in his OA that the official respondents till date had not considered / taken any action on the representation submitted by him, which the respondents themselves had called for. The applicant has also emphasized that the official respondents gave him no opportunity of hearing; neither did they cancel the promotion order of the applicant nor did they issue promotion orders of private respondent No. 3 and 4; yet granted seniority to the private respondent no. 3 and 4 vide letter dated 12.12.2015. The applicant has emphasized that till date neither the official respondents issued orders for cancellation of his promotion Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 6 nor any reversion order and have also not issued any promotion orders in respect of private respondent no. 3 & 4 on the basis of the revised panel and had issued only show cause notice (Annexure A/15) against which the applicant filed representation which has since been pending.
5. We have perused the reply of the official respondents (Respondent Nos. 1 & 2). They have not controverted the above mentioned contentions of the applicant and have rather avoided giving a clear answer. It is an admitted fact that in pursuance to the application and participation of the applicant in the process of selection to the cadre of Station Master (Traffic Apprentice) in the pay scale of Rs. 5500-9000 under Limited Departmental Competitive Examination quota (10%) (LDCE quota) on passing the written test, the official respondents declared the final panel dated 24.05.2007 (Annexure A/6); pursuant to which the applicant was sent on training from 18.06.2007 to 08.08.2007 and after seven years vide impugned order dated 04" September, 2014 (Annexure A/1), the official respondents revised the seniority list and removed the name of the applicant without affording him an opportunity of hearing. The official respondents called for the representation and in response to which the applicant submitted his representation but the same was not considered and decided.
Digitally signed by NATHU LAL NATHU LAL KUMAWAT Reason: your signing reason here Date: 2026.01.28 KUMAWAT 10:35:02 +05'30' OA No. 164/2016 7
6. It is not a case of the official respondents that the final panel dated 24.05.2007 (Annexure A/6) in which the applicant was placed at SI. No. 1 was declared because of any misrepresentation or wrong doing on the part of the applicant and after seven long years redrawing the seniority list without affording any opportunity of hearing and without even considering and deciding the representation of the applicant which he had submitted in response to the official respondents' own call renders the conduct and action of the official respondents arbitrary and against the settled principles of law. Therefore, we direct the official respondents to consider and deal with the grounds / contentions taken by the applicant in his representation dated 15.12.2015 (Annexure A/18) within a period of eight weeks from the date of receipt of a certified copy of this order.
7. With the above observations and directions, the present Original Application is disposed off. No order as to costs.
(LOK RANJAN) (RANJANA SHAHI)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
Digitally signed by NATHU LAL
NATHU LAL KUMAWAT
Reason: your signing reason here
Date: 2026.01.28
KUMAWAT 10:35:02
+05'30'