K Neelappa Naik vs SOUTH WESTERN RAILWAY

1
OA.No.170/00417/2025/CAT/BANGALORE


CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH, BENGALURU



ORIGINAL APPLICATION NO.170/00417/2025


TH
DATED THIS THE 27 DAY OF AUGUST, 2026



CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)


HON’BLE DR. SANJIV KUMAR, MEMBER (A)



K. Neelappa Naik
S/o Sese Naik
Aged 57 years
Chief Office Superintendent
S.W. Railway
O/o Deputy Chief Engineer (Construction)
Hubballi 580 023 ... Applicant

(By Shri K. Shivakumar, Advocate – through video conference)

Vs.

1. Union of India
Rep. by General Manager
South Western Railway, Rail Soudha
Gadag Road, Hubballi 580 020

2. Deputy Chief Personnel Officer
O/o Chief Administrative Officer (Construction)
18, Millers Road, Cantonment
Bengaluru 560 046

3. Senior Divisional Personnel Officer
South Western Railway
Mysuru 570 001 Respondents
.…



(By Smt. P.K. Praneshwari, Senior Panel Counsel)

Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE



O R D E R (ORAL)

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) Direct the respondents to relieve the applicant from
construction unit at Hubballi to Mysuru division and to give
effect of the financial upgradation from 01.12.2022 as
ordered under office order no. PG 82/2023 dated
07.09.2023 (Annexure A1) with consequential benefits;

(ii) Grant any other relief or reliefs as deemed fit and proper
in the interest of justice and equity.”

2. Facts in brief are that the applicant is presently working in
the construction unit of the South Western Railway at Hubli as Chief
Office Superintendent in Level 7 on deputation whose lien and
seniority is being maintained in Mysore Division of South Western
rd
Railway. The 3 respondent issued an Office Order dated 07.09.2023
granting him upgradation in Level 8 from 01.12.2022. In the said
Office Order, the applicant has been advised to report to the office of
rd
the 3 respondent on upgradation. Accordingly, the applicant
nd
submitted a representation to the 2 respondent on 22.09.2023
expressing his willingness to go back to his parent Mysore Division.
nd rd
Since the applicant was not relieved by the 2 respondent, the 3
Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE


nd
respondent sent a communication to the 2 respondent advising to
relieve the applicant to Mysore Division. The applicant’s request
nd
made to the 2 respondent to relieve him to the Mysore Division to
get the benefit of upgradation did not yield any result. Similarly, the
st
representation submitted to the 1 respondent also did not fetch any
response. Being aggrieved, the applicant has preferred this OA.

3. Learned counsel Shri K. Shivakumar representing the
applicant submitted that the financial upgradation ordered from
01.12.2022 should have been effected in the construction unit itself,
in the absence of the applicant being repatriated to his parent division
due to administrative reasons. If not, the applicant should have been
relieved back to his parent division to get the benefit of financial
upgradation, as he has expressed his willingness to join back in
Mysore Division. Non-relieving of the applicant back to his parent
division and non-effecting of the upgradation from 01.12.2022 is
depriving/delaying his upgradation to Level 9 on completion of the
four years of service in Level 8. The applicant is working in the
construction unit since long time and he has not been relieved despite
the advice made by the Respondent No. 1 and the
Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE


request/representation submitted by the applicant. Hence, seeks for
the reliefs claimed.

4. On the directions issued by this Tribunal to clarify as to
the reply statement dated 09.12.2025 filed on behalf of which
respondents, Respondent No. 3 has filed the affidavit. The relevant
portion of the said affidavit reads thus:
“I submit that I am the Respondent No. 3 and files Reply
statement on behalf of Respondent No. 1 and 3 only.

I submit that I filed this affidavit for to clarify that the Reply
statement filed for the Respondent No. 1 and 3."

Thus, it is prayed to accept the reply filed on behalf of Respondent
Nos. 1 and 3 in the interest of justice and equity.

5. The relevant portion of the reply statement filed on behalf
of Respondent Nos. 1 and 3 reads thus:
“………..It is submitted that, since the lien of the applicant is
maintained in Mysore division under the Respondent No. 3 and
revenue post has become inoperative. It shall be most
appropriate in fact and circumstance of the case for this Hon’ble
Tribunal to direct the Respondent No. 2 to relieve the applicant
immediately, so that the Respondent No. 3 could implement the
memorandum of upgradation to the applicant to level-8 under
the scheme and that the Respondent No. 3 at every stage has
made continuous effort by communicating with Respondent No.
2 to relieve the applicant to grant the financial upgradation to
Level 8.”

Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE


6. Further, it is stated in para 6 of the reply statement as
under:
“………… The applicant has raised the grounds that, the
Respondent No. 2 should have relieved the applicant and no
action has been taken by Respondent No. 2 is a hard fact. The
Respondent No. 3 most humbly prays before the Hon’ble
Tribunal that a direction to be given to Respondent No. 2 to
relieve the applicant immediately keeping in view that the
applicant is put to serious loss of financial benefit on account of
non-implementation of financial upgradation to Level-8 and
thereby also impacting the future financial upgradation to Level-
9. It is therefore, that in the interest of justice be sought if the
Hon’ble Tribunal direct the Respondent No. 2 to relieve the
applicant immediately to Mysore division so that the Respondent
No. 3 shall have implement the memorandum of financial
upgradation to the applicant along with similarly placed
employees who have been upgraded to Level 8 with effect from
01.12.2022.”

7. Respondent No. 2 has filed separate reply statement
stating that the construction organization is engaged in execution of
important railway projects which are time bound and is directly
monitored by the Railway Board. All the projects are to be completed
as per the plan and within the stipulated time. Therefore, it is very
difficult to relieve/repatriate any staff to any Railway/Division unless
it is absolutely essential. Since the construction organization which
is facing shortage of staff due to various circumstances like
retirement, deaths and other reasons it has become difficult to relieve
Shri K. Neelappa Naik to Mysore Division. As such, Mysore
Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE


Division was requested to grant upgradation and approve for
retention of Shri K. Neelappa Naik in construction unit duly
maintaining his lien in Mysore Division itself.

8. Office Order dated 07.09.2023 issued by the competent
authority deals with the declaration of candidates suitable for
upgradation to the post of Chief Office Superintendent in Level 8 of
th
7 CPC pay matrix in Personnel Department with effect from
01.12.2022 wherein, the name of the applicant is found at Sl. No. 2.
In the note appended thereto, it is mentioned that the above
upgradation is subject to the following conditions: “..... 3. Employee
at Sl. No. 2 is advised to report to Sr. DPO(O)/MYS on upgradation
to Level-08 and is entitled for all transfer benefits as per rules
admissible.” To fulfil the said condition, respondents must take swift
action but, on the contrary, Respondent Nos. 1 and 3 on one side and
Respondent No. 2 on the other side are coming up with their own
views and in the whole process, the applicant is made the scapegoat.
Though the applicant has been granted the upgradation in terms of
the Office Order dated 07.09.2023 with effect from 01.12.2022, he
is not able to reap the fruits owing to the internal dispute amongst the
respondents. In the hierarchy position, Respondent No. 1 being
Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'

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OA.No.170/00417/2025/CAT/BANGALORE


above the Respondent Nos. 2 and 3 and the reply statement filed on
behalf of the Respondent Nos. 1 and 3 being very clear that the
Respondent No. 2 be directed to relieve the applicant immediately to
Mysore Division so that the Respondent No. 3 can implement the
memorandum of financial upgradation to the applicant along with
similarly placed employees who have been upgraded to Level 8 with
effect from 01.12.2022, we find it appropriate to pass the following:
: ORDER :

1) Respondent No. 2 is directed to relieve the applicant from
construction unit at Hubli to Mysore Division immediately.

2) Respondent Nos. 1 and 3 shall give effect of the financial
upgradation of the applicant from 01.12.2022 as ordered
under order dated 07.09.2023 with consequential benefits.
Compliance shall be made in an expedite manner, in any
event not later than eight weeks from the date of receipt of
the certified copy of this order.

3) OA stands allowed as indicated above.
No order as to costs.


Sd/- Sd/-
( DR. SANJIV KUMAR ) ( JUSTICE S. SUJATHA )

MEMBER (A) MEMBER (J)

/ksk/
Digitally signed by KAVYA
SHREE K
Location: CAT, Bangalore
Date: 2026.09.07 17:01:14+05'30'