Varendara Singh Saini vs M/o Railways

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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 1380/2021

Reserved on: 23.07.2026
Pronounced on: 24.08.2026

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Varendra Singh Saini, aged 61 years, S/o Sh. Sucha Singh, R/o C-
124, Model Town, Sector 126, Mohali, Punjab–140301.

…Applicant
(BY ADVOCATE: Sh. Karnail Singh)

VERSUS
1. Union of India, through General Manager, Rail Coach Factory,
Kapurthala, Punjab – 1446012.
2. Principal Chief Personnel Officer, Rail Coach Factory, Kapurthala,
Punjab – 1446012.
…Respondents
(BY ADVOCATE: Sanjay Goyal, Sr. CGSC along with Sh. Pankaj
Khurana)

O R D E R
Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed present Original Application seeking relief, inter
alia, quashing and setting aside of the impugned order dated 24.11.2021
and a direction to the respondents to grant him promotion to the Senior
Scale carrying the pay scale of Rs.15,600–39,100/- with Grade Pay of
Rs.6,600/- with effect from 31.07.2019, or from the date when the
vacancy became available, along with consequential arrears of pay and
allowances, difference in retiral benefits and interest thereon.
2. The brief facts of the case, as pleaded by the applicant, are that he
initially joined the Railway service as Junior Engineer (Mechanical), earlier
known as Chargeman, on 10.11.1986. He was promoted as Assistant
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Works Manager (Junior Scale Officer) in Group ‘B’ w.e.f. 30.09.2014 in the
Pay Band of Rs.15,600–39,100/- with Grade Pay of Rs.5,400/-. The
applicant claims that on completion of three years in Junior Scale, he
became eligible for promotion to Senior Scale in 6600/- GP. The
Departmental Promotion Committee (DPC) was convened on 05.02.2019
for consideration of eligible officers. The applicant’s name was included in
the panel/recommendations vide letter dated 06.02.2019. It is the case of
the applicant that the recommendations of the DPC were approved by the
competent authority and, therefore, he acquired a right to be promoted
against the vacancies that became available thereafter.
3. The applicant has further pleaded that vacancies in Senior Scale arose on
account of retirement of officers on 31.01.2019, 31.05.2019 and
31.07.2019. However, despite his empanelment, no promotion order was
issued in his favour. He thereafter made representations and also sought
information under the Right to Information Act. Ultimately he
superannuated on 30.06.2020.
4. The respondents have file written statement contesting the claim of the
applicant and submitted that the applicant was never entitled to regular
promotion to Senior Scale merely on completion of three years of service.
It has been stated that Group ‘A’ Junior Scale officers become eligible for
regular promotion to Senior Scale after completion of five years of regular
service. The consideration of Group ‘B’ Junior Scale officers for Senior
Scale was only on an ad-hoc basis, in exigency of service and subject to
availability of vacancies. The respondents have admitted that a local DPC
was convened in February 2019 for adhoc promotion and that the
recommendations were made. However, they have clarified that the
recommendations were confidential and that the promotion orders were to
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be issued only as and when vacancies became available. According to the
respondents, the panel was only partly operated because of shortage of
vacancies. The respondents have further submitted that the cadre of
Indian Railway Service of Mechanical Engineers (IRSME) was restructured
by the Ministry of Railways vide letter dated 11.03.2019. It is also the
specific stand of the respondents that the applicant was never promoted
because there was no vacancy available for him. The respondents have
pointed out that even the candidate placed above the applicant in the
panel dated 06.02.2019 continued to work in Junior Scale at Rail Coach
Factory, Kapurthala.
5. The applicant has filed rejoinder reiterating its earlier stand taken in the
O.A and prayed for notional relief being retired.
6. We have heard the learned counsel for both the sides and perused the
material available on record.
7. The question for adjudication in the instant O.A is as to whether the
applicant is entitled for promotion (notional basis) in terms of order dated
06.02.2019. The grievance of the applicant is that the respondents
conducted the DPC on 05.02.2019 for 3 post of Senior Scale Group-A, B
officer in Mechanical Department. The result of the DPC was not
communicated to the applicant being superannuated on 30.06.2020. The
approval of the competent authority on the recommendation of promotion
order of the 3 Junior Senior Scale Group- A and B, to Senior Scale (Level
11) on adhoc basis in Mechanical Department is placed on record as
Annexure A-1, wherein the name of the applicant is at serial No. 3. The
respondents have objected the contention of the applicant stating that
Group-A Junior Scale Officers became eligible for adhoc promotion to the
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rank of Senior Scale after completion of 05 years regular service in Junior
Scale and the DPC was convened by the UPSC, however, in case of non-
availability of Group-A Junior Scale Officers, Junior Scale Group-B were
considered for ad-hoc promotion. The gazetted cadre of Indian Railways
Services of Mechanical Engineers (IRSME) was restructured vide letter
dated 11.03.2019 and methodology of adhoc promotion of Group-B officer
to Scale Post was discontinued after 31.12.2019. From the averments of
the respondents in their reply, the said arrangement was discontinued
only after 31.12.2019, whereas the competent authority has approved the
promotion of the applicant being at Serial No. 3, vide order dated
06.02.2019 with observation that the applicant is free from D&AR/SPE
vigilance case. It was also directed that the posting of the officer may be
obtained immediately and further necessary sanction may be taken
accordingly. The stand of the respondents in their reply is contrary to the
facts available on records.
8. The respondents have also contended that candidates above the applicant
in the office order dated 06.02.2019 could not be promoted on adhoc
basis due to want of vacancies. No detail with regard to the reduction of
sanctioned strength of Senior Scale after cadre restructuring has been
provided by the respondents to justify their stand, therefore, the
contention is not considerable.
9. Learned counsel for the applicant has argued that applicant has got a right
to be considered for promotion as and when vacancy arises. Since, the
respondents have not provided the details of accrued vacancy after
31.12.2019, therefore, the plea of respondents is rejected.
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10. In view of the aforesaid, the impugned order dated 24.11.2021 is
rejected being unsustainable. The applicant has already been
superannuated. The respondents are directed to consider the case of the
applicant for notional promotion in terms of the promotion order dated
06.02.2019 within a period of four weeks. The O.A is disposed of in above
terms.

(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
Member (A) Member (J)
*ms




MANDEEP SINGH MANDEEP SINGH