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Judgment
O R D E R
Per. Hon’ble Mr. Braj Mohan Agrawal, Member (A) Applicants, who are Technicians (Fitter) are aggrieved by issue of Modified Panel for the post of Junior Engineer(C&W), GP Rs.4200/- against 25% LDCE quota (Annexure A-1 & A-2 dated 21.01.2026) by which they have been dropped from the panel, which was earlier issued on 07.08.2025 (Annexure A-5). In terms of Annexure A-5 panel, they had been deputed for training at Supervisor Training Centre(STC), Jhansi (Annexure A-6) and after completion of nearly 5 months of training they have been recalled (Annexure A-7). Aggrieved by the above, they have approached this Tribunal and sought the following relief:-
(i)Call for the service record of the applicants and records of written examination, list of eligible candidates, all answer keys etc. and after perusal of all the records kindly quash and set aside the impugned order dated 21.1.2026 (Annexure A1 and A2) as illegal, arbitrary and without following principles of natural Justice and declare it as violative of the Article of the Constitution.
(ii)After individual examination of the service records of the each applicant and their marks in written examination and period of training undergone and considering their seniority declare that the applicants are entitled for the post
of Junior Engineer against 25% LDCE Quota.
(iii)Further declare that error is on part of the authorities for which the applicants 1 and 2 cannot be faulted with and therefore they cannot be made to suffer as such the promotion of the applicants by virtue of notification dated 7.8.2025 is protected/maintained as their empanelment in the promoted post of JE against 25% LDCE is just and proper and allow them to complete the training and discharge the services of Junior Engineer in the interest of justice.
Brief facts of the case, which are undisputed, are as under:- The respondent issued notification dated 20.08.2024 (Annexure A-3) inviting application for selection for the post of Junior Engineer(C&W) in pay matrix Level 6 against 25% LDCE for filling up 8 vacancies {6 UR, 1 SC and 1 ST} . Applications were invited from eligible Technician III(L-2) and above in C&W fitter, welder and other categories of C&W, who fulfill the prescribedCentral Administrative Tribunal eligibility conditions. The initial written examination was held on 11.01.2025, but was subsequently cancelled on representation/allegations regarding possible leakage of question paper.
A fresh written examination was held on 22.02.2025. Out of 107 eligible candidates, 102 appeared in the written examination. 71 candidates including the applicants qualified in the written examination. Following the
prescribed selection process, the panel of 8 candidates was approved on 07.08.2025 and published (Annexure A-5), including both the applicants. As per the terms of notification dated 20.08.2024 (Annexure A-3) clause 17 reads thus:
‘17. Successful employees who have been placed in the panel for the post of Junior Engineer/C&W will have to undergo 52 weeks of training and on completion of the training, they required to qualify the final suitability test. On passing the suitability test they will be posted as Junior Engineer/C&W in Pay Matrix Level 6 or otherwise they will be reverted to their original cadre.’
The applicants were sent for training at STC, Jhansi vide letter dated 16.08.2025.
As per the Railway Board letter No.E(NG)1-2023/PM1/9 dated 08.06.2023 final marks of all candidates who succeeded in the written test and also all those who failed were published vide respondent’s letter No.NGP/P/Con/11/JE/25% Ranker Quota/C&W dated 11.08.2025. One of the candidates, Shri Akash Domaji Gedam, sought OMR sheet under RTI Act
which was made available to him and thereon he made representation dated 01.09.2025 informing the respondent that question No.64 attempted by him in the written test was correct but marked as incorrect by the evaluator due to which he got less mark and not empanelled.
On receipt of the said representation, all OMR sheets (102 in number) i.e. of all the candidates who appeared in the examination were sent to the evaluator for re-evaluation, who prepared a revised tabulation sheet taking into account the representation. On the basis of the revised tabulation sheet, the revised result of the written test which was held on 22.05.2025 was published on 27.10.2025. Due to re-evaluation, differences were found in the final score of the employees, resulting in modification of the panel, which was got approved from the higher authorities i.e. PHOD from the Headquarters in terms of the Railway Board Master Circular No.31. The modified panel on approval by the competent authority modified panel was issued and published on 21.01.2026 (Annexures A-1 & A-2). In the modified panel the applicants did not find place and therefore they were recalled and relieved by STC, Jhasni (Annexure A-7/Annexure R-6).
From the above factual matrix of the case, it is evident that the formation of Modified Panel was necessitated due to initial error in the evaluation process, which was subsequently rectified by the respondents on representation by Shri Akash Domaji Gedam. This action of the respondent cannot be faulted as the candidates who were otherwise eligible but for the error, could not be denied their rightful due empanelment for the higher posts. The respondent had sent all the 102 OMR sheets of all candidates who appeared in the examination for re-evaluation without singling out these applicants or any of the candidates who appeared in the examination. This uniform action of the respondent brings out the fact that there was no malafide action or arbitrariness on the part of the respondents in preparing Modified Panel to rectify the error, which had crept in the evaluation process at the first instance, to impart justice to all.
As per the Rules, successful employees who have been placed in the panel for the post of JE (C&W) are required to undergo 52 weeks of training and on completion of the training, they are required to qualify the final suitability test. On passing the suitability test only, they become eligible to be posted as Junior Engineer(C&W) in Pay Matrix Level 6 or otherwise they will be reverted to their original cadre. In the instant case, it is evident that the applicants were undergoing training and had completed only partial training of 5 months before recall from the training on publication of Modified Panel. Therefore, the contention of the applicant that they have been finally promoted to the post of JE(C&W) in Level 6 is unsustainable.
The ground taken by the applicants to challenge Annexure A-1 & A-2 order is that no logical reasons were provided by the respondents for removing their names from the panel for promotion to the post of JE in terms of Railway Board order dated 04.11.2019 (Annexure A-12). The applicants submitted a representation dated 23.01.2026 to 2nd Respondent after issuance of Annexures A-1 and A-2 impugned order including Annexure A-12 as per which notice should have been given to them whenever selection proceedings are required to be cancelled after declaration of result due to procedural irregularities/malpractices, as per instructions contained therein.
We note having made representation on 23.01.2026(Friday), the applicants have moved the OA dated 26.01.2026(holiday) and filed the OA on 27.01.2026(Tuesday) itself without giving any reasonable opportunity to the respondents to consider their representations and pass any order thereon. From the factual matrix, there could not have been different outcome on their representation either, as the respondents were bound to correct the error, in the evaluation process at the first available opportunity to give justice to all the candidates who appeared in the examination process.
The other grievance of the applicants is that the respondents have issued another notification dated 31.10.2025 (Annexure A-10) for formation of panel in the post of JE(C&W) against 25% LDCE quota for 3 vacancies. The applicant could not fill the form for selection process in pursuant to the above selection as they have already been selected for the post of JE in the previous notification dated 20.08.2025(Annexure A-3), which has resulted in denial of an opportunity to them, who were otherwise qualified. This grievance of the applicants is considered genuine and needs to be addressed
as no action on their part is attributable for modification in the panel, resulting in their recall from training for the post of JE(C&W).
Therefore, in the peculiar circumstances of the case, it will be appropriate for the respondents to consider the applicants as deemed to have applied for the post under Annexure A-10 notification dated 31.10.2025 and permit them to take the written examination. It is also directed that the respondents shall grant them adequate Extra Ordinary Leave, not debiting from any type of leave from their account, of atleast 10days for preparation in the forthcoming written examination, which is reported to be scheduled on 30.09.2026.
OA is disposed of with the above directions. No order as to costs.