Central Administrative Tribunal - Lucknow
Akhilesh Upadhyay vs Rdso on 18 December, 2025
CAT, Lucknow Bench O.A. No. 332/00490/2022 Akhilesh Upadhyay Vs. UOI & Ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
ORIGINAL APPLICATION No. 332/00490 of 2022
Dated, this 18th day of December, 2025
Hon'ble Mr. Justice Anil Kumar Ojha, Member- Judicial
Hon'ble Mr. Pankaj Kumar, Member-Administrative
Akhilesh Upadhyay, aged about 46 years, son of Late Shri Shiva
Shanker Upadhyay, Resident of A-7/3, RDSO Colony, Manak Nagar,
Lucknow - 226011.
.....Applicant
By Advocate: Shri Praveen Kumar
VERSUS
1. Union of India through Secretary, Ministry of Railway, Rail
Bhawan, New Delhi.
2. The Director General, Research Designs & Standards Organization,
Manak Nagar, Lucknow.
3. The Joint Director/Admin-III, Research Designs & Standards
Organization, Manak Nagar, Lucknow.
4. The Assistant Personnel Officer/Gazetted, Research Designs &
Standards Organization, Manak Nagar, Lucknow.
5. The Chairman, Railway Board, Rail Bhawan, New Delhi.
6. Shri Yamini Ranjan Tiwari, posted as Joint Director/Admin-III,
Research Designs & Standards Organization, Manak Nagar,
Lucknow.
7. Shri R.P. Shakya posted as Assistant Personnel Officer/Gazetted,
Research Designs & Standards Organization, Manak Nagar,
Lucknow.
.....Respondents
By Advocate: Smt. Prayagmati Gupta
Shri A. Pathak
ORDER (ORAL)
Per Hon'ble Mr. Pankaj Kumar, Member-Administrative In this case relating to seniority, the applicant seeks following reliefs:
"1. To quash the impugned order 31.08.2022, 26.09.2022 & 26.05.2020 to the extent, it affects the applicant (contained as Annexure No. A-1, A-2 & A-3 to this OA) with all consequential benefits.Page 1 of 7
CAT, Lucknow Bench O.A. No. 332/00490/2022 Akhilesh Upadhyay Vs. UOI & Ors.
2. To assign seniority to the applicant with effect from 30.05.2016 and accord all benefits accordingly while quashing the seniority list issued on 23.08.2022 (contained as Annexure No. A-16 to his OA) to the extent, it assign seniority with effect from 06.06.2016.
3. Any other relief, which this Hon‟ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
4. Cost of the present case, as the applicants have unnecessary dragged into litigation."
2. The facts of the case are that the applicant was appointed to the post of Chief Law Assistant (CLA, hereafter) with effect from 06.06.2014 and he was subsequently promoted to the Group 'B' post of Law Officer (LO, hereafter). Aggrieved with the rejection of his representation by the respondents for assigning his seniority as LO with effect from 30.05.2016, he has preferred this OA.
3.1 The applicant states that the Railway Board, vide order dated 30.05.2016, issued directions for restructuring of Legal Cadre following which three posts of CLA were upgraded to Group 'B' post of LO in the Research Designs and Standards Organization (RDSO, hereafter). The Railway Board, vide Circular dated 25.08.2017, decided that the post of LO upgraded in terms of order dated 30.05.2016 may be filled up by the senior most CLAs working on non-fortuitous basis through seniority- cum-suitability. Further, the Railway Board, vide order dated 03.01.2018, advised that the upgraded post of LO may be filled up by CLAs with effect from the date of Board's letter dated 30.05.2016. 3.2 It is further stated that RDSO promoted the applicant to the post of LO with effect from 30.08.2018 vide the order of same date. Subsequently, RDSO issued another order on 26.05.2020 to the effect that promotion to the post of LO may be read as preponed to 30.05.2016; however, the applicant's promotion was not preponed to 30.05.2016. The applicant represented on 14.07.2020 on the ground that he was the senior most CLA in RDSO on 30.05.2016 and as such he should have been extended the benefit of Railway Board's order Page 2 of 7 CAT, Lucknow Bench O.A. No. 332/00490/2022 Akhilesh Upadhyay Vs. UOI & Ors. dated 03.01.2018. The applicant states that in the provisional seniority list circulated by RDSO on 02.08.2021, the date of applicant's appointment to Group 'B' was mentioned as 30.05.2016. The applicant states that he submitted another representation on 04.08.2021 challenging the seniority of one Anil Kumar and also filed OA No. 392 of 2019 which is pending adjudication. In the applicant contends that in the final seniority list of LOs issued by RDSO on 17.08.2021 as well as in the final integrated seniority lists of LOs issued by the Railway Board on 04.10.2021 and again on 05.04.2022, the date of applicant's appointment to Group 'B' was shown as 30.05.2016, but in the latest provisional seniority list issued by RDSO on 23.08.2022 the date of applicant's appointment to Group 'B' has been altered to 06.06.2016 without indicating any reason. When the applicant represented on 26.08.2022, it was rejected vide order dated 31.08.2022. 4.1 The respondents state that the applicant was appointed to the post of CLA on 06.06.2014 and he completed two years' probation period and was confirmed in that post with effect from 06.06.2016 vide order dated 15.06.2016. Railway Board issued order dated 30.05.2016 for restructuring of Legal Department in Indian Railways, including upgradation of three posts of CLA to LO in RDSO. Further, vide RBE No. 136 of 2016 dated 21.11.2016, the Board laid down the procedure for filling up the Group 'B' posts of LO inter alia prescribing not less than 2 years of non-fortuitous service as CLA grade, including non- fortuitous service rendered in the pre-revised scale. Subsequently, vide order dated 10.04.2017, RDSO upgraded 2 posts of CLA to Group 'B' LO and 1 post of Senior Scale was also created. Through RBE No. 104 of 2017 dated 25.08.2017, the Railway Board decided that posts of Group 'B' LO may be filled up by the senior-most CLAs working on non- fortuitous basis through seniority-cum-suitability as one time exercise. Page 3 of 7 CAT, Lucknow Bench O.A. No. 332/00490/2022 Akhilesh Upadhyay Vs. UOI & Ors. 4.2 It is stated that two senior-most CLAs, Anil Kumar and the applicant, were appointed to the upgraded Group 'B' post of LO vide order dated 30.08.2018. In a subsequent development, the Railway Board, vide order dated 03.01.2018, advised that the upgraded Group 'B' posts of LO may be filled up by the CLAs with effect from the date of Board's letter dated 30.05.2016. Consequently, promotion in respect of Anil Kumar was given from 30.05.2016 and the applicant was given the benefit with effect from 06.06.2016; however, inadvertently, the date of applicant's appointment as LO was mentioned as 30.05.2016 vide RDSO's letter dated 17.08.2021 issuing seniority lists of LOs as on 01.04.2018, 01.04.2019, 01.04.2020 and 01.04.2021 which was also reflected in the letter dated 04.10.2021 of the Railway Board issuing final seniority lists of LOs. It is stated that in the final integrated seniority list of LOs as on 01.01.2022 issued by the Railway Board vide letter dated 05.04.2022 also the applicant's date of appointment was inadvertently mentioned as 30.05.2016 and when the mistake was detected at RDSO, a corrected seniority list was issued vide letter dated 23.08.2022 mentioning the date of applicant's promotion to LO as 06.06.2022. It is contended that though the Railway Board's letter dated 25.08.2017 is silent on the issue of relaxing the required criteria of two years non-fortuitous service as CLA for consideration for upgradation to the post of LO, it cannot be concluded that the same is not required as it has been clearly mentioned in the Board's previous letter dated 21.11.2016.
5. The question before us is whether the applicant's seniority in the Group 'B' post of Law Officer in RDSO should be reckoned from 30.05.2016 or from 06.06.2016. We have heard both the parties. 6.1 Admittedly, three Group 'C' posts of Chief Law Assistant in RDSO were upgraded to Group 'B' posts of Law Officer as part of Page 4 of 7 CAT, Lucknow Bench O.A. No. 332/00490/2022 Akhilesh Upadhyay Vs. UOI & Ors. restructuring of gazetted cadre of Legal Department of old zones and Railway Board vide Railway Board's order dated 30.05.2016. 6.2 The revised procedure for filling up of Group 'B' posts of Law Officers was laid down by the Railway Board vide RBE No. 136/2016 dated 21.11.2016 in the following manner:
"3. The procedure for filling up all Group „B‟ posts of Law Officers (including all upgraded posts) has been reviewed and it has been decided in supersession of the aforementioned earlier instructions on the matter that the Group 'B' posts of Law Officers may now be filled up as per provisions of Indian Railway Establishment Manual Vol. I and extant Rules, i.e., through selection comprising of written test and viva-voce (including assessment of record of service) from among Chief Law Assistants in Level 7 in Pay Matrix (equivalent to Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of Rs. 4600/-) provided they have rendered not less than 2 years of non-fortuitous service in the grade (including non-continuous service rendered in the pre- revised scale).
4. It is further advised that the above procedure for filling up of upgraded Group 'B' post of Law Officer may be followed subject to the outcome of SLP filed against Hon'ble High Court/Allahabad's judgement dated 03.10.2007 in CMWP No. 48471/2007 arising out against CAT/Allahabad's order dated 02.02.2007 in OA No. 906/2006 filed by Late Shri H K Tiwari, CLA, N.C. Railway."
(emphasis supplied) Two aspects of the above instructions dated 21.11.2016 prescribing the procedure for promotion from the post of CLA to the post of Law Officer are noteworthy in the present controversy. First, there was a stipulation of not less than 2 years of non-fortuitous service in the grade of CLA for selection to the post of Law Officer. Second, the prescribed procedure itself was subject to the outcome of SLP.
6.3 Following the dismissal of SLP, the Railway Board issued following instructions for promotion to the post of Law Officer vide RBE No. 104/2017 dated 25.08.2017:
"The procedure for filling up of Group „B‟ posts of Law Officers including the upgraded posts has been outlined in terms of Board‟s letter no. E(GP)2005/2/26 dated 21.11.2016. However, consequent upon dismissal of SLP(C) No. 2565 of 2009 UOI & Others Vs H K Tiwari vide the Apex Court's orders dated 12.05.2017 the matter has since been reviewed.Page 5 of 7
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2. Accordingly, it has now been decided that the Group 'B' posts of Law Officers upgraded in terms of instructions contained in Board's letters no. 2003E(GC)12-14 Pt.I (06) dt. 09.03.2006 and no. 2003E(GC)12-14(64) dated 30.05.2016 may be filled up by the senior most CLAs working on a non-fortuitous basis in Level 7 in Pay Matrix through seniority cum suitability. This may however be a one time exercise to give effect to the cadre restructuring in the Law Department. After filling up the upgraded posts through seniority-cum-suitability, these posts may, thereafter, be filled up through Selection procedure as prescribed under Board's letter of even number dated 21.11.2016. Those CLAs who have since been selected and promoted to upgraded Group „B‟ posts of Law Officers in terms of Screening Procedure prescribed earlier vide Board‟s letter of even number dated 18.05.2007 need not be disturbed."
(emphasis supplied) It is noted that the instructions dated 25.08.2017 quoted above were issued following the dismissal of SLP(C) and they provided that the posts of Law Officers may be filled up by senior most CLAs working on non-fortuitous basis in Level 7 Pay Matrix through seniority-cum- suitability as a one time exercise to give effect to the cadre restructuring in the Law Department; it was also stipulated that after filling up the posts through seniority-cum-suitability in this one time exercise, such posts may be filled up thereafter through the selection procedure prescribed vide instructions dated 21.11.2016. It is notable that in the instructions dated 25.08.2017 there was no stipulation of 2 years' non- fortuitous service in the grade of CLA for filling up the posts of Law Officer; rather, the stipulation was working on non-fortuitous basis in Level 7 Pay Matrix. Indisputably, the applicant's elevation to the post of Law Officer was part of the one time exercise governed by the instructions dated 25.08.2017. In this view of the matter, we are unable to accept the contention of the respondents that they could have applied the stipulation of 2 years' non-fortuitous service in the grade of CLA prescribed vide instructions dated 21.11.2016 in the applicant's case.
6.4 Finally, we quote the following instructions dated 03.01.2018 of the Railway Board:
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"With reference to Central Railway‟s aforementioned letter, it is advised that the upgraded, Group 'B' post of Law Officer may be filled up by the CLAs w.e.f. the date of Board's letter no. 2003E(GC)12-14(64) dt. 30.05.2016..."
(emphasis supplied) The above instruction dated 03.01.2018 stipulate that the post of Law Officer may be filled up with effect from 30.05.2016. Admittedly, this was implemented the respondents by giving seniority effective from 30.05.2016 to the CLAs appointed to the upgraded post of Law Officer, except in the applicant's case. We have discussed our disagreement with the approach adopted by the respondents in the applicant's case in paragraph 6.4 above.
6.5 To conclude, we are of the opinion that in terms of the Railway Board's instructions dated 25.08.2017 read with their instructions dated 03.01.2018, the applicant's seniority in the Group 'B' post of Law Officer should be reckoned with effect from 30.05.2016 and not from 06.06.2016.
7.1 In view of the foregoing, this OA is allowed. The impugned orders dated 26.05.2020, 31.08.2022 and 26.09.2022 are quashed and set aside. The respondents are directed to assign seniority in the Group 'B' post of Law Officer to the applicant with effect from 30.05.2016 within a period of three months from the date of receipt of certified copy of this order.
7.2 Pending MAs, if any, are also disposed of.
7.3 The Parties shall bear their own costs.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Vidya
Page 7 of 7
Digitally signed
Vidya Ben by Vidya Ben
Waghela
Waghela Date: 2025.12.19
15:11:18 +05'30'