Manoj Kumar & Ors. vs Union Of India & Ors.

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Dharmendra Tiwari along with Shri Ravi Kant Shukla, learned counsel for the applicants and Shri Anil Kumar, learned counsel for the respondents.

Learned counsel for the applicants submitted that the applicants have approached this Tribunal being aggrieved by the selection/promotion process undertaken by the respondents for promotion to the post of Train Manager (Goods) pursuant to notification dated 17.10.2025 issued by the Divisional Railway Manager (Personnel), North Eastern Railway, Izzatnagar. Under the said notification, applications were invited for filling up the notified vacancies under the 60% departmental quota. The applicants, who are working on different posts in the Izzatnagar Division of North Eastern Railway, participated in the selection process and appeared in the written examination.

It is the case of the applicants that the result of the written examination was declared on 02.06.2026, wherein their names were included amongst the successful candidates. According to the applicants, out of the 56 vacancies notified for the selection, 49 candidates were declared successful in the written examination; however, subsequently, by the impugned panel dated 30.07.2026, only 25 candidates were finally empanelled and the names of the applicants were not included therein. The applicants have particularly questioned the manner in which the vacancies notified for the unreserved category were dealt with and have alleged that certain candidates belonging to the SC/ST categories were adjusted against unreserved vacancies.

The applicants have further stated that they have been informed by the concerned officials that their non-selection was attributable to non-availability of vacancies in the particular categories/posts mentioned in the notification. They have, however, questioned the legality and validity of the categorisation of vacancies and have contended that the vacancies ought to have been dealt with in accordance with the applicable rules and the principles governing reservation in promotion. They have also relied upon the judgment dated 24.05.2023 passed by this Tribunal in O.A. No. 730 of 2022, Shyam Bahadur Vs. Union of India & Others, in support of their grievance.

It is also the case of the applicants that similarly situated employees had earlier raised an issue concerning the selection/promotion to the post in question and this Tribunal, while dealing with O.A. No. 730 of 2022, had issued directions concerning the selection process and reservation in promotion. The applicants have also referred to the law laid down by the Apex Court on the subject and have contended that the same requires consideration while examining the legality of the selection/promotion process in the present case.

Feeling aggrieved by their non-inclusion in the final panel, the applicants submitted a joint representation dated 01.08.2026 before the respondent authorities through registered post. In the said representation, the applicants have raised their grievance regarding the preparation of the panel dated 30.07.2026, the manner in which the notified vacancies were dealt with and their non-selection despite having participated in the selection process and having cleared the written examination. They have requested the departmental authorities to examine their grievance in the light of the applicable rules, instructions and the judgments and order relied upon by them.

Learned counsel for the applicants further submits that the applicants would be satisfied if their aforesaid representation is considered and decided by the competent authority in accordance with law, after taking into consideration the facts and circumstances of their case, the documents placed by them on record, the relevant rules/instructions governing the selection and promotion and the judgments and order relied upon in the representation.

Learned counsel for the respondents, however, opposed the claim of the applicants and submitted that the selection process and the panel dated ^{30.07.2026 have been prepared strictly in accordance with the applicable}Central Administrative Tribunal Railway Board instructions, rules and the procedure prescribed for the departmental selection. It is contended that the applicants had participated in the selection process without raising any objection to the relevant notification/instructions and, having failed to find place in the final panel on the basis of the prescribed selection criteria, they cannot subsequently challenge the selection. It is further submitted that the reservation policy applicable to departmental promotion was duly followed by the Selection Committee and the candidates included in the panel were selected in accordance with the applicable instructions. The respondents, therefore, submitted that the Original Application is devoid of merit and is liable to be dismissed.

Having considered the matter, we find that the grievance raised by the applicants involves examination of the relevant records relating to the notified vacancies, the selection process, the written examination result, the panel dated 30.07.2026 and the manner in which the vacancies were dealt with by the respondents. The applicants have also already approached the departmental authorities by submitting their joint representation dated 01.08.2026. In the circumstances, we consider it appropriate, in the first instance, to require the competent authority to examine and decide the grievance raised by the applicants rather than expressing any opinion on the merits of their claim at this stage.

Accordingly, without entering into the merits of the controversy and without expressing any opinion regarding the validity of the panel dated 30.07.2026 or the entitlement of the applicants for promotion, the present Original Application is disposed of with a direction to the competent authority amongst the respondents to consider and decide the applicants’ joint representation dated 01.08.2026, along with the documents annexed therewith and the material relied upon by the applicants. It is, however, open to the applicants, if they so desire, to submit a fresh and comprehensive representation before the competent authority, setting out their grievances in detail and enclosing all relevant documents in support thereof. In such an eventuality, the said representation shall also be considered along with the earlier representation dated 01.08.2026 while taking a decision in the matter. The competent authority shall pass a reasoned and speaking order on the grievances raised by the applicants, in accordance with law, within a period of three weeks from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the applicants forthwith.

With the aforesaid directions, the Original Application stands disposed of with no order as to costs. All pending M.As, if any, shall be treated as disposed of.