Aniruddha Kumar Shukla vs General Manager N C Rly

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(Open Court)
Central Administrative Tribunal
Allahabad Bench, Allahabad


Original Application No.874 of 2019
nd
This the 2 Day of September, 2026.
Hon’ble Mr. Rajnish Kumar Rai, Member (J)
Hon’ble Ms. Manju Pandey, Member (A)
Aniruddha Kumar Shukla, aged about 42 years, S/o Shri Shiv
Bhushan Shukla, R/o Quarter No.412C, Rail Gaon Railway
Colony, Subedarganj, Allahabad-211015.
….Applicant .
By Advocate: Shri Ashish Srivastava
Versus
1. Union of India through General Manager, North Central
Railway, Headquarter, Subedarganj, Allahabad.
2. Divisional Railway Manager, North Central Railway, Jhansi
Division, Jhansi.
3. Senior Divisional Personnel Officer, office of the Divisional
Railway Manager, North Central Railway, Jhansi Division,
Jhansi.
4. Vipin Kumar Srivastava, Chief Loco Inspector, Presently
posted as Chief Crew Controller, Gwarlior working under
Senior Divisional Mechanical Engineer (O&F), North
Central Railway, Jhansi.
5. Pradeep Kumar Sharma, presently posted as Chief Loco
Inspector, under Senior Divisional Electrical
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Engineer/Operations, Jhansi at Chief Crew Controller,
North Central Railway, Jhansi.

… Respondents
By Advocate: Shri Rajesh Kumar and Shri Ajay Kumar Rai
ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (J):-
Heard, Shri Ashish Srivastava, counsel for the applicant
and Shri Rajesh Kumar and Shri Ajay Kumar Rai, counsel for
the respondents.
2. The instant original application has been filed seeking
following reliefs: -
“(i) The Hon’ble Tribunal may be pleased to quashed the
impugned panel dated orders dated 23.08.2018 issued by
the respondent no.3 (Annexure No.A-1)
(ii) This Hon’ble Tribunal may be pleased to direct the
respondents to award 11 marks to the applicant of the
questions which the applicant has correctly attempted and
consequently he may be promoted to the post of Chief Loco
Inspector according to his merit with all consequential
benefits.
(iii) Any other relief, which this Hon’ble Tribunal may deem
fit and proper in the circumstances of the case may be given
in favour of the applicant.
(iv) Award the costs of the original application in favour of
the applicant.”
3. Learned counsel for the applicant challenging the
impugned panel dated 23.08.2018 to the post of Loco
Inspector in Pay Matrix Level-7 Grade Pay of Rs.4600/- in
TRO (Loco Running), Division Jhansi, in pursuance to the
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notification dated 11.01.2016. He further submitted that
against the 38 posts notified under the different categories,
applicant was not empanelled on the ground that he has not
cleared the written examination; however, he has raised
certain objections with regard to answers, which have been
published in the model answer paper and moved a detailed
representation dated 11.02.2019, highlighting 11 questions
for which, wrong answers have been transcribed in the
model answer; however, he has given correct answer sheet,
as per relevant rules and also relied upon the relevant rules
and provisions in support of his contention, which has not
been decided till date.
4. However, respondents are taken only grounds that the
answer sheet has been evaluated as per Model Answer
Sheet. The official, who framed the question paper and
provided Model Answer Sheet, is now retired from the post
on 31.01.2019 and the result is declared on the basis of
evaluation of reply given, as per model answer paper by the
applicants and accordingly, there is no discrimination to any
of the applicants.
5. Considering the submission and from perusal of the
record, it appears that in the counter reply one letter dated
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14.03.2019, written by the Senior DPO-II/Jhansi with regard
to three complaints received by the different candidates
namely, Dharmendra Nath Dubey, Santosh Kumar Mishra and
Shri Anirudhha Kumar Shukla (Applicant in this Original
Application) with regard to discrepancy in the answer sheet.
Considering this aspects, the Senior DPO has taken note of
these complaints and thereafter the detailed information was
sent to the Selection Committee for give his finding on the
complaints. On the said recommendation, the Committee
dated 04.06.2019 headed by Senior Divisional Electrical
Engineer/Operating, Jhansi has given its report that “ all the
answer was provided through the model answer key by the
question paper setter, I followed the model answer key as per
the extant guidelines and evaluated the answer as per correct
choice mentioned in the model answer key .” However,
considering the content of the representation and the
complaints received by the three applicants, the
observations made by the Selection Committee dated
04.06.2019 is not in speaking in terms of satisfaction to the
applicants, as he has given detailed description with regard
to correct answer supported with relevant Rules/Manual of
the Railway.
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6. In view of said observation, we are in opinion to
disposed of this original application with direction upon the
competent authority to reconsider the grievance of the
applicant raised by representation dated 11.02.2019 and as
per the recommendation made by the Senior DPO-II/Jhansi
vide letter dated 14.03.2019 and consider the grievance of
the applicant in detail within a period of three months and if
require, expert committee should be constituted to look into
the grievance of the applicant and if any discrepancy is found
in the Model Answer Paper, in such a situation, the applicant
is entitled to be considered as per his merit for the post of
Chief Loco Inspector in pursuance to the notification dated
11.01.2016.
7. Accordingly, Original Application is disposed of.


(Ms. Manju Pandey) (Shri Rajnish Kumar Rai)
Member (A) Member (J)
/Vivek/


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