Prem Singh Meena vs Union Of India & Others

L. Narasimha Reddy, J

The applicant was holding the post of Director (Administration) in the Railway Board. He made a representation on 27.11.2020, stating that the

case of the 3rd respondent, by name Anita Gautam, is sought to be considered for promotion to Senior Administrative Grade (SAG), in preference to

him. After referring to various facts and events, the administration passed order dated 18.01.2021, stating that the request of the applicant is not

tenable. This O.A. is filed challenging the order dated 18.01.2021.

The applicant contends that he was promoted to the post of Director (Administration) in the year 2012, whereas the 3rd respondent was promoted

to that post in the year 2018 and by any standard, she cannot be treated as senior to him in the context of promotion to SAG. Reference is made to

various orders passed in different O.As. as well as by the administration.

We heard Mr. Sanjeev Kumar, learned counsel for applicant and Mr. Krishan Kant Sharma, learned counsel for respondents, at the stage of

admission.

The promotion to SAG in the Railway Board is through selection and it is not by way of promotion on seniority alone. It is not even mentioned that

any notification was issued commencing the process of selection for SAG. It hardly needs any mention that as and when the occasion arises, the

administration has to consider the case of persons within zone of consideration and select the candidates in accordance with the prescribed procedure.

The representation made by the applicant is almost in anticipation. Strictly speaking, the respondent Nos. 1 & 2 could have ignored it and asked the

applicant, to wait till the selection process commences. However, they discussed various aspects and informed the applicant that his viewpoint cannot

be accepted. The impugned order is not referable to any statutory exercise. A reply given to representation cannot constitute the basis to interdict the

selection process to a superior post, like SAG. In case the applicant is not considered for the post whenever the selection takes place, he can certainly

approach the Tribunal. The O.A. is too pre-mature, that the Tribunal cannot undertake an exercise in anticipation of the promotion to SAG.

The O.A. is accordingly dismissed, however, leaving it open to the applicant to pursue the remedies in case he is not considered for the post of SAG

and the seniority is ignored.

There shall be no order as to costs.