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Judgment
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“(i)Call for the entire selection proceedings file for the selection conducted to fill up 4 posts of APO under the notification no. SWR/HQ/P.607/Pers/70%/2025-26 dated 25.10.2024 (Annexure A1) issued by Respondent No. 2 and on perusal quash and set aside the panel no. 163 dated 14.08.2025 (Annexure A4) issued by Respondent No. 2 as far as the third respondent is concerned as unconstitutional, illogical and against rules on selection against 70% quota;
(ii)Direct the respondents to amend the panel no. 163 dated 14.08.2025 (Annexure A4) by including the name of the applicant in para 2 of the panel against the name of the third respondent (Sri Siva Shankar Nunna) who is junior to the applicant and not fulfilling the norms of filling up of the post by Seniority cum suitability; and
(iii)Grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity.”
Heard the learned counsel for the parties and perused the material on record.
In view of the decision rendered in OA No. 397/2025 (Kiran vs. General Manager, South Western Railway and Ors.) today, the issue involved in this OA is no longer res integra. Hence, this OA also stands disposed of in similar terms. Resultantly, we pass the following:
:ORDER:
Respondents are directed to create one supernumerary post of UR in the cadre of Assistant Personnel Officer (APO) in Level-8 against 70% quota in Personnel Department relating to Panel No. 163 dated 14.08.2025 to accommodate the applicant till regular vacancies arise.
The applicant shall be promoted to the cadre of Assistant Personnel Officer (APO) in Level-8 against 70% quota in Personnel Department in the created supernumerary post.
This exercise shall be completed within 8 weeks from the date of receipt of certified copy of this order.
The applicant will be eligible for all consequential benefits but not for any arrears of pay and allowances.
However, the same shall be subject to further orders that may be passed by the Hon’ble Supreme Court in the Jarnail Singh batch of cases, in terms of Railway Board’s letter No. 2018-E(SCT)1/25/9 dated 22.06.2022.
With the aforesaid observations and directions, OA stands disposed of. No order as to costs.