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Judgment
ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (J):
Learned counsel for the parties are present and heard.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:-
“i.Issue an order or direction for quashing the application of the Reservation Rules and Roster in Upgradation orders form Level 7 to Level 8 of the pay structure of Group 'C' cadres by Office Order Office Order No. 02 dated 4.1.2023, Office Order No. 50 dated 22.3.2023, Office Order No. 264 dated 6.9.2024 and Office Order No. 321 dated 23.12.2025 in respect of Senior Section Engineer (Drawing) and (Carriage) (Annexure A-1), as well as by Office Order No. Nil dated 21.12.2022, Office Order No. 50 dated 22.3.2023, Office Order No. 264 dated 6.9.2024 and Office Order No. 321 dated 23.12.2025 in respect of Senior Section Engineer (Machine) (Annexure A-2), as well as by Office Order No. 291 dated 26.12.2022, Office Order No. 50 dated 22.3.2023, Office Order No. 264 dated 6.9.2024 and Office Order No. 321 dated 23.12.2025 in respect of Senior Section Engineer (Welding) (Annexure A-3), passed by Chief Workshop Manager/ Personnet Mechanical Workshop North Eastern Railway, Gorakhpur and modify the order No. 321 dated 23.12.2025 passed by Assistant Personnel Officer, Mechanical Workshop, North Eastern Railway, Gorakhpur (Annexure A-4) giving the upgradation to the Applicant Nos 2.3.4.6. 8, 13 and 15 from the date as per Circular dated-17-11-2022 on the basis of their seniority.
ii.Issue an order or direction issuing Upgradation Orders as per Circular dated-17-11-2022 (Annexure A-5).from the date mentioned therein without giving benefit of reservation and roster in the present matter.
iii.Issue an order or direction commanding the respondents concerned not to provide reservation benefit to Scheduled Caste/Scheduled Tribe candidate in upgradation matter.
iv.Issue an order or direction commanding the respondents concerned to provide upgradation benefit to the applicants.
v.Issue any other order or any direction which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case.
vi.Award the costs of the Original Application in favour of the Applicants..
Learned counsel for the applicants submits that the O.A. has been filed challenging the various orders vide which the respondents have promoted the private respondent as well as some other persons from Group 'B', GP Rs. 4,600/- to Level-8, GP Rs. 4,800/-, after conducting the suitability test and upon consideration thereof. He further submits that, while conducting the suitability test and granting upgradation to the next Pay Level, i.e. Level-8, the respondent department has not followed RBE No. 155/2022 regarding the applicability of reservation in upgradation. Therefore, the applicants, who are aggrieved by the erroneous action of the respondents, have submitted representations dated 12.08.2025 and 18.10.2025, as well as reminders, seeking similar benefit of financial upgradation in terms of RBE No. 155/2022 dated 17.11.2022.
At this stage, learned counsel for the applicants submits that, if their pending representation is decided, they will be satisfied.
Considering the limited prayer made by the applicants, this Tribunal is of the view to dispose of the Original Application at the admission stage with a direction to respondent No. 2/competent authority to consider and decide the representation dated 12.08.2025, as well as the reminders dated 08.10.2025, in accordance with RBE No. 155/2022 and the extant rules applicable, by passing a reasoned and speaking order, within a period of three months from the date of receipt of a certified copy of this order.
Accordingly, the instant Original Application stands disposed of with the above-mentioned directions.
It is made clear that this Tribunal has not entered into the question of delay, laches, or the merits of the applicant’s claim. All issues are left open for consideration by the respondents.
All pending M.A.s, if any, stand disposed of. No order as to costs.