Shiv singh vs NORTH CENTRAL RAILWAY

Open Court.

CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD

th
Dated: This the 29 day of October 2026

Hon’ble Mr. Justice Om Prakash VII, Member (J)

Original Application No. 330/01225/2026

Shiv Singh aged about 30 years, son of Jagdish Singh, resident of Aduki,
Mathura, presently posted as General Assistant under Assistant Chief
Medical Superintended, Juhi, North Central Railway, Jhansi Division,
Jhansi.
...........Applicant.
By Advocate: Mr. Rakesh Kumar Dixit

Versus

1. Union of India through General Manager, North Central Railway,
Headquarters Subedarganj, Prayagraj.
2. Divisional Railway Manager, North Central Railway, Jhansi
Division, Jhansi.
3. Senior Divisional Personnel Officer, North Central Railway,
Jhansi Division Jhansi.
..........Respondents.

By Advocate: Shri Anil Kumar
O R D E R
The present Original Application has been filed by the applicant
under section 19 of the Administrative Tribunal Act, 1985 seeking
following reliefs:-
“a) This Hon'ble Tribunal may kindly be pleased to quash and set aside the
MANISH KUMAR
impugned order dated 25.09.2026 in respect of applicant and direct the
SRIVASTAVA
respondents to post him as General Assistant (General Admin) under
Assistant Chief Medical Superintended, Juhi, North Central Railway, Jhansi
Division, Jhansi in pursuance of letter of said authority dated 20.04.2026 and
16.09.2026 with all consequential benefits.
b) 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.
c) Award the costs of the original application in favour of the applicant”.
2. The brief facts of the case are as follows:

2

The applicant was initially appointed as House Keeping Assistant in
the Medical Department of North Central Railway and was posted under
the Assistant Chief Medical Superintendent, Juhi, Jhansi Division.
Subsequently, as the work of cleanliness and malaria control was decided to
be carried out through a contractor, the applicant and other House Keeping
Assistants were declared surplus. Vide letter dated 20.04.2026, the
Assistant Chief Medical Superintendent, Juhi, informed the respondent No.
3 about the status of surplus staff and recommended that the applicant be
posted at Juhi, considering his knowledge and experience of the work. The
applicant also submitted a representation dated 21.05.2026 requesting his
posting at the Health Centre, Juhi Railway Colony. Thereafter, the
respondents conducted screening on 07.09.2026 and, vide order dated
11.09.2026, allotted the applicant the post of General Assistant (General
Administration). Subsequently, the Assistant Chief Medical Superintendent,
Juhi, again requested the respondents vide letter dated 16.09.2026 to post
the applicant at Juhi, as the services of one General Assistant were required
there. However, vide impugned order dated 25.09.2026, the respondents
posted the applicant as General Assistant (General Administration) under
the Senior Divisional Commercial Manager, Jhansi Division. Aggrieved by
the said posting, the applicant submitted a representation dated 10.10.2026
requesting reconsideration of his posting. As his grievance was not
resolved, he has filed the present Original Application challenging the
impugned order.
3. I have heard Mr. Rakesh Kumar Dixit, learned counsel for the
applicant, and Shri Anil Kumar, learned counsel for the respondents, and
MANISH KUMAR
SRIVASTAVA
have perused the record.
4. Learned counsel for the applicant submits that the applicant was
initially working as House Keeping Assistant in the Medical Department of
North Central Railway, Juhi, Jhansi Division. As the work of cleanliness
and malaria control was decided to be carried out through a contractor, the
applicant was declared surplus. Thereafter, he was screened and allotted the
post of General Assistant (General Administration) vide order dated
11.09.2026. Learned counsel for the applicant further submitted that the
Assistant Chief Medical Superintendent, Juhi, vide letter dated 20.04.2026,

3

had recommended that the applicant be retained under his office,
considering his experience and the administrative requirements. The
applicant also submitted a representation dated 21.05.2026 requesting his
posting at the Health Centre, Juhi. Subsequently, vide letter dated
16.09.2026, the Assistant Chief Medical Superintendent again requested the
respondents to post the applicant at Juhi, as the services of a General
Assistant were required there. However, the respondents, vide order dated
25.09.2026, posted the applicant under the Senior Divisional Commercial
Manager, Jhansi Division. Learned counsel for the applicant next submitted
that the respondents have failed to consider the genuine request for his
posting at Juhi, despite the recommendation and administrative requirement
expressed by the concerned Medical Officer. It is further submitted that the
applicant is visually impaired in one eye and is a person with disability.
According to the applicant, the respondents have also failed to consider his
family circumstances, as his father has expired, his mother is about 65 years
old and is undergoing treatment in Kanpur and he is required to look after
her. It is contended that his posting away from Juhi would cause hardship to
his family and adversely affect the education of the children. Thus learned
counsel for the applicant submitted that the impugned posting order has
been passed without properly considering the applicant’s disability, family
circumstances and the administrative requirement at Juhi. The applicant
seeks appropriate directions to the respondents to consider his
representation and accommodate him as General Assistant at the Health
Centre, Juhi. Thus, argued to decide the OA at this stage itself.
5. In rebuttal, learned counsel for the respondents submitted that, after
MANISH KUMAR
SRIVASTAVA
the applicant and other House Keeping Assistants were declared surplus,
the prescribed screening process was conducted on 07.09.2026 and the
applicant was allotted the post of General Assistant (General
Administration) vide order dated 11.09.2026. Thereafter, vide order dated
25.09.2026, he was posted under the Senior Divisional Commercial
Manager, Jhansi Division, in accordance with the administrative
arrangement. Learned counsel for the respondents further submitted that the
letter dated 20.04.2026 from the Assistant Chief Medical Superintendent,
Juhi, regarding surplus staff and the availability of posts did not specifically
recommend the applicant by name for posting at Juhi. It is also contended

4

that no sanctioned post of General Assistant at Level-1 was available under
the Assistant Chief Medical Superintendent, Juhi. According to the
respondents, a General Assistant had already been posted at the Health
Unit, Orai, against an available vacancy. Learned counsel for the
respondents further submitted that, apart from the letter dated 16.09.2026,
no earlier communication specifically concerning the applicant’s request
for posting at Juhi was received by the concerned section before issuance of
the posting order dated 25.09.2026. It is stated that the applicant’s
representation dated 10.10.2026 was received after issuance of the said
order and is presently under consideration in accordance with the applicable
rules and instructions. Thus he submitted that the posting order was issued
on administrative grounds and pray that the O.A. be dismissed.
6. I have considered the submissions of learned counsel for both parties
and perused the material available on record.
7. From the perusal of the record, it is evident that the applicant seeks
posting at the Health Centre, Juhi, on the basis of the letters dated
20.04.2026 and 16.09.2026 issued by the Assistant Chief Medical
Superintendent, Juhi, indicating the requirement of a General Assistant. The
respondents, on the other hand, have contended that no sanctioned post of
General Assistant at Level-1 is available under the said authority.
8. In these circumstances, the applicant’s representation requires proper
consideration by the competent authority, taking into account the aforesaid
letters, his disability and family circumstances, the availability of a
sanctioned post and the administrative requirements of the department. It is,
MANISH KUMAR
SRIVASTAVA
therefore, appropriate to direct the competent authority to take a reasoned
decision on the applicant’s representation dated 10.10.2026.
9. Accordingly, the O.A. is disposed of at the admission stage without
entering into the merits of the case with a direction to the competent
authority to consider and decide the applicant’s representation dated
10.10.2026 by passing a reasoned and speaking order, in accordance with
the applicable rules within two months from the date of this order. The
decision so taken shall be communicated to the applicant. Till the aforesaid
decision is taken, the effect and operation of the impugned order dated

5

25.09.2026 shall remain stayed. There shall be no order as to costs. All
pending M.As. stand disposed of.

( JUSTICE OM PRAKASH VII )
Member (J)
Manish
MANISH KUMAR
SRIVASTAVA