SURAJ KANTI PAL vs RAILWAY RECRUITMENT CELL(E R)
- Court
- Central Administrative Tribunal
1 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
Heard on: 22.07.2026
Date of Order: 01.09.2026
Present: Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member
No. O.A. 350/01446/2023 Smritituku Biswas
O.A. 350/01363/2023 Sanatan Paul
O.A. 350/01364/2023 Raj Kumar Sil
O.A. 350/01365/2023 Raju Singha
O.A. 350/01447/2023 Biswajit Bose
O.A. 350/01448/2023 Suraj Kanti Pal
O.A. 350/01567/2023 Bitu Bhowmick
O.A. 350/01568/2023 Arindam Ghosh
O.A. 350/01569/2023 Sumanta Bit
O.A. 350/01570/2023 Samiran Ghosh
O.A. 350/01581/2023 Ramen Ghosh
O.A. 350/01582/2023 Biswajit Shil
O.A. 350/01583/2023 Ashim Chandra Ghosh
O.A. 350/01588/2023 Saroj Kumar Pal
O.A. 350/01589/2023 Raju Kumar Shaw
O.A. 350/01590/2023 Chinmoy Pal
O.A. 350/01591/2023 Jitendra Yadav
O.A. 350/01592/2023 Bikash Ghosh
O.A. 350/01623/2023 Tanmay Sarkar
O.A. 350/01624/2023 Asit Ghosh
O.A. 350/01625/2023 Mithun Ghosh
O.A. 350/01630/2023 Ratan Das
O.A. 350/01631/2023 Prasenjit Biswas
O.A. 350/01632/2023 Arun Kumar Singh
O.A. 350/01639/2023 Milan Paul
O.A. 350/01640/2023 Aswini Rana
O.A. 350/01675/2023 Raju Mondal
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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2 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
O.A. 350/01676/2023 Sadananda Mistri
O.A. 350/01677/2023 Anup Bhandari
O.A. 350/01365/2024 Devananda Ghosh
O.A. 350/01367/2024 Debasish Ghosh
O.A. 350/01369/2024 Chaina Palit
O.A. 350/01370/2024 Pradip Mitra
O.A. 350/01372/2024 Krishna Sharma
O.A. 350/01373/2024 Sumita Ghosh
O.A. 350/01374/2024 Moumita Ghosh
O.A. 350/01385/2024 Jhunu Dutta
O.A. 350/01386/2024 Asima Biswas Mondal
…….Applicants
Versus –
i) Union of India,
Through the General Manager,
Eastern Railway,
Fairlie Place,
Kolkata – 700 001.
ii) Principal Chief Personnel Officer,
Eastern Railway,
Fairlie Place,
Kolkata – 700 001.
iii) The Chairperson,
Railway Recruitment Cell,
56 C.R. Avenue,
Kolkata – 700 012.
…. Respondents
For the Applicant : Mr. A. Chakraborty, Counsel
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
3 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
Mr. Arpa Chakraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents : Mr. S. Paul, Counsel
Mr. B.K. Banerjee, Counsel
Mr. H. Ghosh, Counsel
Mr. S. Chakraborty, Counsel
Mr. P. Bhattacharjee, Counsel
Ms. A. Kundu, Counsel
Mr. A. Mondal, Counsel
Ms. E. Banerjee, Counsel
O R D E R
Ms. Urmita Datta (Sen), Judicial Member:
Since all the applicants share a common interest and
common cause of action, their cases are being heard analogously.
For the sake of brevity, facts are delineated from O.A. No.
350/01446/2023.
2. The applicants of O.A. No. 350/01446/2023 have approached
this Tribunal under Section 19 of the Administrative Tribunals Act,
1985 praying for the following relief:-
“i) Speaking Order No. RRC/ER/OA/350/1628/2017/SB/2023
dated 03.10.2023 issued by Chairperson, RRC, Eastern Railway
cannot be sustained in the eye of law and therefore the same may
be quashed.
ii) An order do issue directing the respondents to grant applicant the
benefit of the judgment passed in Dinesh Kashyap’s case and to
grant appointment in Group D post as per employment
notification 0110 and to grant all consequential benefits.”
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
4 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
3. The facts of the case as narrated by the applicant are that the
applicant applied for appointment in Grade Pay of Rs. 1800/- (PB-
1) (Rs. 5200-20200) against Employment Notice No. 0110 and
subsequently qualified in the written examination followed by
Physical Efficiency Test and she was also called for document
verification. However, she was not called for medical examination
since her name did not come in the zone of consideration. Being
aggrieved, she filed O.A. No. 642/2013, which was disposed of on
30.06.2014, wherein this Tribunal had observed as under:-
“ xxxxxxxx
15. We find that the procedure is explicit on publication of Final Panel
as per merit after holding individual medical tests and before grant of
appointment/posting to selected candidates.
Hence we direct that the respondents shall publish the entire list
of selected candidates strictly according to merit after completion of their
medical tests including those who have already figured in the provisional
part panel, within three months from the date of communication of this
order before proceeding with further appointment.
The respondents shall then fill up the notified vacancies under EN
2010 strictly in terms of the merit list so published and in accordance
with law.
The respondents shall also follow their Master Circular 13 to fill
up one category of PH quota vacancies where shortfall lies, by the other
category, in accordance with their instructions, to consider the case of
applicants in O.A. No. 196/13 and similar OAs referred to hereinabove,
suitably.
With regard to reserved quota vacancies under SC, ST, OBC
categories, the respondents are directed to act in accordance with law
and vacancy notified in each category in the notification EN 2010 and
proceed as aforesaid.”
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
5 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
4. Since her name was not included in the final panel, the
applicant filed O.A. No. 1703 of 2015 which was disposed of on
20.02.2017 granting liberty to the applicant to make separate
comprehensive representation within a period of 04 weeks and if
such representation is preferred within 04 weeks from the date,
same may be considered as per Rules and Regulations in force and
communicate their result thereof by passing a reasoned and
Speaking Order. Thereafter, the applicant made a comprehensive
representation. Pursuant to the same, the respondents passed a
Speaking Order dated 20.03.2017 and rejected the claim of the
applicant on the ground that the last eligible OBC candidate, who
was called for medical examination and provisionally empanelled
against EN No. 0110 scored 47.66 marks out of 150, whereas the
applicant scored 46.95 marks. The applicant again filed O.A. No.
587 of 2017 before this Tribunal, wherein this Tribunal passed an
interim Order directing the respondents that if all the posts in
question are not filled up, then one post be kept vacant till
finalization of the O.A. However, this O.A. was finally disposed of on
11.11.2022 by this Tribunal holding inter alia as under:-
“ 7. As such, since the procedure of fixing cut of marks is not in order,
to ensure justice qua parties it is directed that the respondents shall
publish the entire panel of candidates who have qualified in the written
examination on the basis of their marks (merit0 which must include the
names of the applicants.
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
6 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
The respondents shall highlight the candidates who have been
sent for Physical Test and have qualified in the test and all such who
have been appointed. They shall further disclose the number of vacancies
advertised, number of vacancies filled up, number of vacancies still
available, and then consider the claim of the present applicants against
available vacancies within a period of 3 months from the date of receipt
of a copy of this order, if the applicants have cleared the written test and
shall strictly act in compliance with RBE 73 of 2008. For the purpose the
competent authority shall look into the grievance of each of the
applicants, grant them an oral hearing to ascertain whether they deserve
placement in the panel and ameliorate their grievance suitably, if
required by ousting the junior most from the panel and
inserting/interpolating applicants suitably in the panel strictly in terms
of the merit considering the fact that PET is only qualifying in nature.
They shall bear in mind the judgment extracted supra. The entire
exercise shall be completed within a period of 3 months from the date of
receipt of this order.”
Pursuant to such Order, the respondents granted personal
hearing to the applicant. The applicant submitted the requisite
documents to the authorities concerned during course of personal
hearing. The respondents No. 3 also issued notice to the applicant
vide Order dated 21.09.2023 towards compliance of Order dated
11.11.2022 passed by this Tribunal in connection with O.A. No.
1409 of 2013 and 30 other similar O.A.s and also in Order dated
12.12.2023 passed in O.A. No. 615 of 2017 and 14 other cases.
On 20.03.2017, the respondent No. 3 also issued a
speaking Order rejecting the claim of the applicant on the following
grounds:-
“(i) That from plain reading of RBE 73 of 2008 the RRC has to supply
additional panel in lieu of not joined candidates, if in case the Railway
Administration after giving stipulated joining time to the selected
candidates certifies that certain number of candidates have not turned
up within specific period. At the extent time, no replacement in lieu of
not-joined candidate was called for by the Railway Administration. Thus
no replacement panel was provided by RRC in lieu of not joined
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
7 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
candidates. The view of the authority concerned is that formation of a
replacement panel or even calling additional panel is not mandatory
rather it is a discretion of Railway Authority.
(ii) As per RBE 121/2005, the currency of panel is only for 2 years
and more than 9 years have been elapsed since publication of the panel.
(iii) Moreover, subsequent to empanelment in the notification No.
EN0110, 3 more notifications namely EN 0112, EN 0113 and CN 2/2018
have already been completed. More than 16285 candidates have been
empanelled.”
According to the applicant, this Speaking Order is not
sustainable in the eye of law in terms of the decision granted by the
Hon’ble Apex Court in the case of Dinesh Kumar Kashyap vs.
Union of India & ors. wherein it has been held that the issue
regarding preparation of replacement panel, currency of the panel
and also issuance of subsequent Notifications namely EN – 0112
and EN-0113. The main issue before the Hon’ble Supreme Court as
to whether SECR could have ignored 20% extra panel in spite of the
letter dated 02.07.2008 without giving any cogent reason. It was
observed by the Hon’ble Apex Court that no doubt that mere
selection does not give any vested right to the selected candidates
to be appointed. At the same time, when a large number of posts
are lying vacant and selection process has been followed then the
employer must satisfy the Court as to why it did not resort and
appoint selected candidates even if they are from the replacement
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
8 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
panel. On the part of the Government on this count, no justified
reason has been provided.
It has been contended that before calling for replacement
candidates, the CP was to satisfy himself that the procedure for
cancellation of the Order of appointment of the Original empanelled
candidates has been strictly followed and since it was not done the
appellants could not be appointed.
The Hon’ble Apex Court observed that this argument holds no
merit. There is no indication in the pleadings that vacancies are not
to be filled up. If an Official of the Respondent No. 1 fails to do his
duty, the appellant cannot suffer for the same since they are not at
fault. With regard to the second issue the Hon’ble Apex Court
observed that whether the SECR could have ignored the 20% extra
panel despite the letter dated 02.07.2008 (RBE 73/2008) without
giving any cogent reasons for the same. No doubt it is true that
mere selection does not give any vested right to the selected
candidates to be appointed. At the same time, when a large number
of posts are lying vacant and selection process has been followed
then employer must satisfy the court why it did not resort to and
appoint selected candidates even if they are form the replacement
panel. Just because the discretion is vested upon the authority,
does not mean that it should be exercised arbitrarily. Though it is
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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Pramanik
9 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A. 350/1446/2023,
O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A. 350/01568/2023, O.A.
350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A. 350/1582/2023, O.A.
350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023, OA 350/01591/2023,
OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023, OA 350/1630/2023,
OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA 350/1675/2023, OA
350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA 350/1369/2024, OA
350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA 350/1385/2024, OA
350/1386/2024
not incumbent upon the employer to fill up all the posts but it
must give reasons and satisfy the court that it had some grounds
for not appointing the candidates who found place in the
replacement panel. Although a person empanelled does not have
any vested right to be appointed to the posts for which he has been
selected but he has right to be considered for appointment and at
the same time the appointing authority cannot ignore the select
panel or decline to ignore to make appointment when the person
has been selected by the Selection Board. In this case there has
been a mere inaction on the part of the Government and no
justifiable reason was given as to why the appointment was not
offered.
On behalf of the respondents, it was urged that after the
selection process in question were started in 2012 and 2013, these
recruitment cycles were running concurrently. It was observed by
the Hon’ble Apex Court that the argument deserves to be rejected
since it was not even raised against the Tribunal. Furthermore, the
right of the appellants who had appeared in the selection pursuant
to the notification could not be taken away by the selection process
started much later. According to the applicant, three simultaneous
processes were undertaken, which prove that Respondent No. 1
wanted to fill up all the posts and did not want any vacancies left
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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10 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
unfilled. This negates the plea key of the Respondent No. 1 that it
was not necessary to keep the post vacant. In these circumstances,
it was observed by the Hon’ble Apex Court that the statement of the
respondents that validity of the list has expired is to be rejected on
the ground that the appellants approached this Tribunal and
Hon’ble High Court with promptitude and thus he cannot be made
to suffer only because the matter was pending before this Court.
It was observed by the Hon’ble Apex Court that the policy was
made to ensure implementation of same by the Respondent No. 1
specially when it failed to give any cogent reason to justify its action
for not calling for candidates from the replacement list of extra 20%
candidates. The Hon’ble Court ordered that the appellants are
entitled to get the benefit of the letter dated 02.07.2008.
The applicant further submits that the respondents filed one
verification stating non-joining status of different Divisions and
Workshops of the Eastern Railway against Employment Notice No.
0110 wherein it was evident that a good number of vacancies
against OBC quota were not filled up due to non-joining of the
candidates from the panel and from the list of empanelled
candidates supplied by the RRC, it was evident that Mitra
Sadhukhan (Srl. No. 7863) belonging to UR category, who scaored
49.61 whereas cut-off marks in respect of General Category was
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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11 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
stated as 72.71 in respect of the UR candidate. This anomaly was
found in the panel of selected candidates. The applicant also
contends that the respondents have failed to consider the claim of
the applicant bearing in mind the judgments passed in Dinesh
Kumar Kashyap. The question of expiry of panel does not arise in
case of the present applicant since five candidates belonging to OH
category got appointment as Group ‘D’ in 2020 as per the Hon’ble
Court’s Order.
5. The respondents have filed their reply statement wherein they
have contended that the instant O.A. has been filed basically
challenging the Speaking Orders dated 11.11.2022 and 12.12.2022
passed pursuant to Order passed by this Tribunal in O.A. No. 1409
of 2013 and O.A. No. 615 of 2017. Initially, the RRC, Eastern
Railway published E.N. No. 0110 dated 14.12.2010 for recruitment
in Pay Band – I (erstwhile Gr. ‘D’) with G.P. Rs. 1800/- in different
categories in Eastern Railway against which these applicants have
submitted their application. In compliance to the Order passed by
this Tribunal, the respondents have given an opportunity of
personal hearing to the applicants on 31.07.2023. The Railway
Administration has published entire panel of candidates who were
qualified in the written test on the basis of their marks including
the names of the applicants who were sent for Physical Efficiency
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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12 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
Test as also names of candidates who were appointed and number
of vacancies filled up. A bare reading of RBE No. 73/2008 suggests
that RRC has to supply additional panel in lieu of not joined
candidates, if “in case, the Railway Administration after giving
stipulated time for joining to the selected candidates certifies that
certain number of candidates have not turned up within specific
period.” However, in the instant case, no replacement panel in lieu
of not joined candidates was called for by the Railway
Administration. Thus, no replacement panel was called from RRC
in lieu of not joined candidates. The Chairperson/RRC has no
authority to provide replacement panel on its own and even calling
for additional panel is not mandatory. As per RBE No. 121/2005,
currency of panel is only for 02 years and more than 09 years have
already elapsed since publication of the panel. Subsequently also,
three employment notifications have been published and completed
wherein more than 16,285 candidates have been recruited.
Therefore, according to the respondents, the vacancies which were
not filled up in EN No. 0110, no longer exists and have been filled
up through the candidates empanelled in the subsequent
notifications. Further, the respondents have contended that the
O.A. applicant has raised an allegation that final cut of marks for
General (UR) cagtegory was fixed for empanelled list, one candidate,
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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13 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
namely Mita Sadhukhan bearing Roll No. 53136487 belonging to
General Category was empanelled after scoring 49.61 marks,
whereas the fact remains that Ms. Mita Sadhukhan applied as UR
candidate but subsequently she has submitted all the documents
claiming herself to be an OBC candidate. Thereafter, she filed O.A.
No. 724 of 2014, which was dismissed by this Tribunal vide Order
dated 20.02.2019. The last eligible non-PWD OBC candidate, who
was called for Medical Examination and provisionally empanelled
against EN No. 0110 secured 47.66 marks out of 150, whereas the
marks secured by the applicant is 46.95. Further, the respondents
have contended that the panel was published on 29.04.2014 and
before publishing of the final panel of EN No. 0110, there was a
specific direction from the Railway Board not to process any
replacement panel as per RBE No. 06/2014. Thus, publishing of
replacement panel was not tenable. The applicant being lower in
merit in respective community was out of zone of consideration in
the ratio 1:1 of notified vacancies. The RRC/Eastern Railway had
also not received any request for publishing a replacement panel
from the Units which operated the panel and thus they have no
authority to issue replacement panel in lieu of not joined
candidates. The respondents have vehemently argued that this fact
has already been intimated to the applicant vide Speaking Order
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
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14 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
dated 03.10.2023 in compliance to directions issued by this
Tribunal wherein it has specifically been mentioned that the total
number of candidates empanelled as 8373 and that the number of
vacancies still available cannot be filled up due to being taken into
account for the next recruitment cycle.
The applicant has approached this Tribunal taking the plea
that the Speaking Order dated 03.10.2023 is contrary to the
dictum laid down by the Hon’ble Apex Court in the matter of
Dinesh Kumar Kashyap & ors. v. South East Central Railway. In
this context, they have relied upon a similar matter decided by the
Hon’ble High Court in WPCT No. 74 of 2022 wherein the issue of
replacement panel has been dealt with and finally disposed of and
this Order is pending for adjudication before the Hon’ble Supreme
Court vide SLP No 7134 of 2023. The respondents further contend
that the primary difference between the instant case and the case
of Dinesh Kumar Kashyap is that the argument which has all along
been raised before the Tribunal that vacancies were filled up in the
subsequent selection through the subsequent notifications which
was not done in the case of Dinesh Kashyap case and the very
question appears in the Dinesh Kashyap case that the statement of
the Railway Authority in that case appears to the Court was
contradictory and nothing was placed before the Court stating that
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
15 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
at that time the Railway Authority had decided not to fill up the
vacancies and due to the fact, the issue which arose in that case
due to failure on the part of the Railway Authority not to fill up the
vacancies but in the instant case there is no contradiction rather
stand of the Railway Authority was since long that in absence of
seeking requirement of additional panel or replacement panel by
the Zonal Railway certifying certain number of candidates have not
turned up within specific period, therefore the respondents could
not act upon as the same was in contravention to RBE No. 73 of
2008.
The applicant has filed rejoinder wherein she has submitted
that para 7.1 of RBE 121/2005 state that the selection shall
consist of a Written Test followed by PET and Medical Examination
and in para 7.8 of RBE 121/2005 states that medical examination
of the candidates who have passed the written examination and
PET shall be done before their empanelment. Accordingly, only
those who have passed the medical examination will be included in
the final merit list. In the instant case also the applicant was called
to appear for written examination and was also called for PET. The
candidates were sent in the ratio of 1:1 of notified vacancies as per
merit in their respective communities for medical examination in
relevant standard and those who were found fit in the medical
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
16 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
examination, their names were placed in the provisional panel. The
applicants have emphasized on the RBE No. 73/2008, which
empowers the CPO for calling for replacement panel in-lieu of the
candidates finally not turning up for taking appointment, which
has not been done in this case.
The applicant has also filed written notes of arguments
wherein in addition to what has been stated in the O.A. she has
averred that in terms of the judgment delivered in the case of
Dinesh Kumar Kashyap the SECR did not make any effort for
appointing candidates from 20% panel of extra candidates though
there remained unfilled vacancies of 624 posts.
The respondents have filed written notes of arguments
wherein they have contended that to avoid shortfall in the panel,
purpose of calling 20% only over and above the number of
vacancies at the time of document verification had become
necessary but issue is that calling 20% over and above the number
of vacancies at the time of document verification is only possible
when sufficient number of candidates qualifies in the PET but if the
number of qualified candidates in PET is less than 8860 i.e. the
actual notified vacancies then how and in which manner 20 over
and above the number of notified vacancies can be called for
document verification when the same is not available by way of
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
17 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
PET. Hence, the question of creating a panel of 20% over and above
the number of vacancies does not arise.
6. Heard the Ld. Counsel for both sides and perused the
materials available on record.
7. It is noted that the applicant participated in the selection
process against Employment Notice No. 0110 dated 14.12.2010
and came out successful in the written examination and
subsequently qualified in the PET also but she was not called for
document verification. However, as per the respondents, in terms of
Railway Board Circular dated 29.09.2005, the ratio for calling of
candidates in PET is in the ratio of 1:3 in order of merit separately
for each group of UR, SC, ST and OBC. According to the
respondents, the selection is based on Physical Efficiency Test
(PET) followed by document verification and candidates who have
qualified in the PET are called for medical test followed by
document verification. Candidates to a limited extent, in order of
merit, out of those who obtained the prescribed minimum
qualifying marks in the written test are called for original
documents verification and medical examination of relevant
standard since there was no interview. Since the applicant was not
found suitable after PET, they were not called for medical
examination.
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
18 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
We find that in an earlier round of litigation, this Tribunal
has referred to a decision of the Hon’ble Apex Court in the matter of
Dinesh Kumar Kashyap & ors. v. South East Central Railway
reported in (2019) 12 SCC 198, wherein as per majority, it was held
that the “decision of respondent SECR not to appoint appellants
from replacement panel despite existence of large number of
vacancies and without indicating any cogent reasons therefore was
arbitrary.” and had directed the appellants to be appointed within
stipulated time subject to stipulated conditions. The ratio laid down
in the aforementioned judgment was later on followed by the
Hon’ble Calcutta High Court in WPCT No. 74 of 2012 and the
Hon’ble High Court directed the respondents to pass an
appropriate Order as per the RBE No. 73 of 2008, which calls for
preparation of a replacement panel. The Tribunal while dealing
with this matter had also questioned the arbitrary fixation of
unrealistic cut of marks of 47.66 and had directed the respondents
to publish the entire panel of candidates, who have qualified in the
written examination on the basis of their marks, which shall
include the names of the applicants. The respondents were further
directed to highlight the candidates who have been sent for
Physical Test and have qualified in the test and all such who have
been appointed and disclose the number of vacancies advertised,
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
19 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
already filled up, still available and consider the claim of the
applicants, who have cleared the written examination, against the
existing vacancies strictly in compliance with RBE No. 73 of 2008
and, if being found suitable, their names be interpolated in the
panel to ameliorate their grievances. In compliance to the said
Order of this Tribunal, the respondents have passed a compliance
report dated 03.10.2023, wherein they have dealt with the case of
the instant applicant claiming that the last eligible OBC candidate
called for medical examination and provisionally empanelled had
scored 47.66 marks out of 150 whereas the applicant had scored
46.95 marks. The respondents have also contended that as per
RBE No. 73/2008, it has to be brought out clearly in the Call Letter
to the candidate that the purpose of calling 20% candidates over
and above the number of vacancies at the time of document
verification is primarily to avoid shortfall in the panel and that
merely calling a candidate for document verification does not, in
any way, entitle him/her to an appointment in the Railways, even
where the number of candidates available after document
verification exceeds the number of vacancies only. In case, the
Railway Administration after giving stipulated joining time to the
selected candidates, certifies that certain number of candidates
have not turned up within specific period, another panel equal to
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
20 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
the number of candidates finally not turning up for taking
appointment will be supplied by RRC. Before calling for
replacement in-lieu of the candidates finally not turning up for
taking appointment, CPO shall personally satisfy himself that the
procedure for cancellation for the offer of appointment to the
originally empanelled candidates has been strictly followed.
8. According to the respondents, the RRC has to supply
additional panel in lieu of not joined candidates only if the Railway
Administration after giving sufficient time for joining to the selected
candidates, certifies that certain number of candidates have not
turned up within specific period.
9. In this case, no replacement panel in lieu of not joined
candidates was called for by the Railway Administration, hence no
replacement panel was provided by RRC in lieu of not joined
candidates. According to the respondents, the formation of
replacement panel or even calling for additional panel is not
mandatory, rather it is a discretionary power vested upon the
Railway Administration. Since as per RBE No. 121/2005, currency
of the panel is only for 02 years and more than 09 years have
already elapsed since publication of the panel the case of the
applicant cannot be considered. Moreover, after empanelment in
the Notification No. EN 0110, three more notifications have been
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
21 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
published and the remaining vacancies of RBE No. 0110 have
already been adjusted in those vacancies, thus the unfilled
vacancies of EN 0110 does not exist.
10. While dealing with the issue we have come across the various
RBOs issued by the Railway Board in respect to conducting of the
selection process:-
“ RBE No. 121/2005
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)-II/96/RR-1/62 New Delhi, Dt. 18.7.2005
The General Manager (P),
All Indian Railways/Production Units
(As per standard mailing list)
Sub:- Procedure for recruitment of Gr. ‘D’ staff on Indian
Railways.
In terms of instructions contained in this Ministry’s letter No.
99/E(RRB)/25/11 dated 27.11.2001, recruitment to Group ‘D’ in the
Railways were to be done through Railway Recruitment Boards. Detailed
guidelines/procedure for such recruitment were circulated under this
Ministry’s letter No. E(RRB)/2004/33/2 dated 10.08.2004 (RBE No.
178/2004). In the light of Hon’ble MR’s directions as also announcement
made by him in his Budget (Railway) Speech for 2005-06, the issue has
been reviewed and it has been decided by Ministry of Railways (Railway
Board) that recruitment to all Group ‘D’ posts will henceforth be done
directly by the Zonal Railways.
2. It is also clarified that indents from Zonal Railways/Production
Units and other units on which action has been initiated by way of issue
of Employment notice, the recruitment shall be completed by the Railway
Recruitment Board (RRB) concerned and the uninitiated indents shall be
sent back to the concerned Zonal Railway/Production Unit etc.
3. A ‘Recruitment Cell’ should be created in the Headquarters officer
for handling this work. The Cell would be headed by Deputy Chief
Personnel officer (Recruitment). In JA grade or Selection grade and
Assistant Personnel officer (Recruitment) along with Group ‘C’ and Group
‘D’ staff. Necessary creation/sanction for these posts may be done by
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
22 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
General Manager under his own powers. No posts should be created in
categories where there are surplus/supernumerary posts in the
Headquarters Office.
4. General Managers may delegate powers to Deputy Chief Personnel
officer (Recruitment) to ensure smooth functioning.
5. Broad guidelines for recruitment to Group ‘D’ posts are enclosed
as Annexure – I. However, in case any further clarification is required,
the Railways may consult Chairman/Railway Recruitment Boards and
Manual for Railway Recruitment Board, 2000 published by the Railway
Board. Certain shortcomings, which have been noticed in Railway
Recruitment Board’s selections, have been listed out at Annexure – II.
These may be guarded against in the selections to be done through this
Scheme.
6. This issues with the concurrence of Finance Directorate of
Ministry of Railways (Railway Board).
7. Hindi version will follow.
` Please acknowledge receipt.
Sd/-
(Ashok Kumar)
Joint Director Estt.(N)-II
Railway Board”
Para 7 of the guidelines for Recruitment of Group ‘D’ staff by
Railway Administration it has been stipulated as under:-
“ 7.0. Selection Procedure
7.1. The selection shall consist of a Written Test followed by Physical
Efficiency Test and Medical Examination.
th
7.2. Question paper for the Written Test shall be based on Class 8
standard consisting of 150 multiple-choice (four) objective type questions
aimed to assess general knowledge/awareness, mathematics and
reasoning etc. No question shall be asked for checking proficiency in
language. Question paper should be entirely objective and shall be
printed in Hindi, English and regional language (s). The duration of the
Written Test shall be 2 (two) hours.
7.3. Answer scripts shall be readable on Optical Mark Reader (OMR)
and evaluation of answer scripts shall be on computers. After the
examination, original OMR sheets will be set to the Evaluating Agency
(Identity of which is known only to Deputy Chief Personnel Officer
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
23 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
(Recruitment). Duplicate OMR sheets will be kept in the custody of
GM/AGM.
7.4. Result of Written Examination will be declared based on the
Evaluation Agency’s Report and scrutiny of the records. Minimum pass
marks will be 40% for General candidates, 30% for SC/ST and OBC
candidates. In order to eliminate the advantage of guesswork, one mark
shall be deducted for three wrong answers (assuming choice of answers
in objective type question papers is four in each question). Result of
written examination should be tabulated in order of merit of candidates.
While preparing the merit list of the written test, due care should be
taken to ensure adequate availability of candidates to meet the
requirement of reservations prescribed for SC/ST and OBC.
7.5. Candidates to the extent of 10 (Ten) times the number of
vacancies in order of merit out of those who have obtained the prescribed
minimum pass marks in the written test as in para 7.4 above, will be
called for being subjected to PET as per standards mentioned in para 7.6
below. Candidates will be called for PET in order of merit separately for
each group of General, SC/St and OBC applications of all candidates to
be called for PET should be scrutiniz4ed carefully in order to check their
eligibility.
7.6. PET should be of the standard prescribed vide letter No.
99/E(RRB)/25/11, dated 4.9.2002 (Bahri’s 151/2002 P. 166). It will be
only a qualifying test. Physical Efficiency Test should be video recorded.
Passing of PET is mandatory. Result of PET will be declared on the same
day.
7.7. PET shall be supervised by different teams at different places of
three Assistant Officers nominated by the Deputy Chief Personnel Officer
(Recruitment), one of whom should be a medical officer. One of these
three officers will be nominated as the Convener. List of candidates
qualifying in the PET will be displayed on the Notice Board after
finalization of the result on that day. Officers conducting the PET shall
advise the result of the test to the Deputy Chief Personnel officer
(Recruitment) immediately after completing the tests. Convener of the
Committee shall be the final authority for deciding then and there, any
dispute/representation preferred during the course of PET.
7.8. Medical examination of the candidates who have passed the
written examination and PET shall be done before their empanelment.
Accordingly, only those who have passed the medical examination will be
included in the final merit list.
7.9. Existing provisions of verification of the original educational/caste
certificate(s) and other relevant documents of the candidates, mentioned
in Para 6 of Board’s letter No. 99/E(RRB)/25/2, dated 18.3.1999 (Bahri’s
56/1999 P. 46) will be applicable.
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
24 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
7.10. Panel shall be formed by the Deputy Chief Personnel officer
(Recruitment) for the entire Zonal Railway on the basis of merit of the
candidates in the Written Test and their qualifying the PET and Medical
examination. Thereafter, the Deputy Chief Personnel officer (Recruitment)
shall allot each successful candidate the Division/Unit after taking into
account his merit position and preference of Division/Unit etc.
7.11. Currency of the panel shall be for a period of two years from the
date of publication. General Manager may extend the life of the panel by
one year in case of administrative exigencies.”
The applicants, in support of their contention, have relied
upon RBE No. 73/2008.
In addition to both these RBEs the Respondents have also
relied upon RBE No. 53/2013 and RBE No. 85/2013, which
pertain to mode of sending call letters only.
11. The applicants have mainly contended that the RBE No.
73/2008, which they rely upon, reads as under:-
“ RBE No. 73/2008
Subject: Recruitment of Group ‘D’ staff on Indian Railways – Calling of
candidates for documents verification regarding.
Reference: This office letter of even number dated 18.07.2005 (Bahri’s
121/2005, p-117) 29.9.2005 (Bahri’s 166/2005, p-184), 1.11.2006
(Bahri’s 164/2006, p-198) and 12.03.2007 (Bahri’s 37/2007, p-69)
[No. E(NG)-I/96/RR—1/62/Vol.II, dated 17.6.2008]
As per the instructions circulated vide letters quoted above, presently the
procedure for recruitment of Group ‘D’ posts on the Railway consists of a
Physical Efficiency Test (PET) followed by written test of PET qualified
candidates.
2. A clarification has been sought by one of the zonal railways
regarding the ratio in which the candidates are to be called for document
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
Pramanik
25 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
verification after written examination vis-à-vis number of vacancies to be
filled up.
3. The issue has been examined and it has now been decided by
the Board that the number of candidates called for document
verification shall be 20% over and above the number of vacancies.
4. This shall, however, be done with the following proviso:
(i) It has to be brought out clearly in the Call Letter to the
candidate that the purpose of calling 20% candidates over
and above the number of vacancies at the time of document
verification is primarily to avoid shortfall in the panel and
that merely calling a candidate for document verification
does not, in any way, entitle him/her to an appointment in
the Railway;
(ii) Even where the number of candidates available after
document verification exceeds the number of
vacancies, the panel finalized by RRC (Railway
Recruitment Cell) shall be equal to number of vacancies
only. In case, the Railway administration, after giving
stipulated joining time to the selected candidates,
certifies that certain number of candidates have not
turned up within the specific period, another panel
equal to the number of candidates finally not turning
up for taking appointment will be supplied by RRC.
Before calling for replacement in lieu of the candidates
finally not turning up for taking appointment, CPO shall
personally satisfy himself that the procedure for
cancellation of the offer of appointment to the
originally empanelled candidates has been strictly
followed. Under no circumstances, the number of
candidates covered in the original as well as
replacement panels shall exceed the number of the
vacancies identified by the Railwa y; and
(iii) Replacement panel shall include only such number of
reserved/unreserved candidates as have not turned up as
per original panel.
5. These instructions will be applicable to the selections
wherever Call letters to the candidates for document verification
are yet to be dismissed.”
12. The RBO empowers the CPO that before calling for
replacement in lieu of the candidates finally not turning up for
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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26 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
taking appointment, the CPO shall personally satisfy himself that
the procedure for cancellation of the offer of appointment to the
originally empanelled candidates has been strictly followed. As per
the usual procedure, recruitment is always initiated by publishing
the notification on the basis of the indent of concerned
authorities/indenting Unit. EN No. 0110 did not place any demand
related to replacement panel against the said notification due to
this reason replacement panel was not given.
13. In support of their claim in O.A. No. 1583/2023 (Ashim
Chandra Ghosh v. RRC), the respondents have laid emphasis on
RBE No. 06/2014 dated 10.01.2014 wherein the Railway Board
has directed the General Manager (P) of All Zonal
Railways/Production Units that no replacement panel are to be
given against non-joining of selected candidates, as recruitment in
Pay Band – I (Grade Pay Rs. 1800) is now done annually in terms of
instructions contained in Board’s letter No. E (NG)II/2007/RR-
1/58 dated 08.12.2011.
14. We find that these directives were issued by the Railway
Board in the year 2014 whereas the present dispute emanates from
a selection process out of Employment Notice No. 0110 dated
14.12.2010, therefore, this RBE is not applicable in the instant
case. The respondents have also emphasized on the fact that it is
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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27 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
the discretionary power of the CPO to be personally satisfied about
non-joining of candidates before calling for replacement panel.
However, the Hon’ble Supreme Court in the matter of Dinesh
Kumar Kashyap & ors. v. South East Central Railway & ors. in Civil
Appeal No. 11360-11363 of 2018 (Arising out of SLP (Civil) Nos.
29668-29671/2017) has laid emphasis on preparation of
replacement panel in lieu of non-joined candidates with 20%
candidates over and above the number of vacancies at the time of
document verification primarily to avoid shortfall in the panel and
publication of the same, which has not been adhered to by the
Respondents in this case. We also find that in the case of Dinesh
Kumar Kashyap (supra), the replacement panel though prepared
was not implemented. However, in the instant case, the
respondents have not even taken the pain to prepare the
replacement panel, which according to us is a blatant violation of
the Railway Board guidelines.
15. Further in O.A. No. 1583/2023, the RRC vide its Compliance
Report had intimated this Tribunal in tabular form that out of total
notified vacancies of 9602, a total number of 39364 candidates had
appeared and qualified in the written examination and a total
number of candidates who were called for PET was 24313 and from
there onwards candidates who had qualified in PET was 8860 and
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
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28 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
total number of candidates empanelled were 8373. However, they
failed to intimate about the total number of candidates who had
joined the post and also the data pertaining to unfilled vacancies
also were not available to them since the same was taken into
account for next recruitment cycle. Thus it is crystal clear that the
left over vacancies very well could have been filled from a
replacement panel, which in this case has not been prepared.
Moreover, the respondents in their impugned speaking Order and
reply have admitted that the applicants had qualified both in the
written examination as well as PET.
16. Thus, we find that the Railways have failed to adhere to the
judgment laid down by the Hon’ble Apex Court in Dinesh Kumar
Kashyap (supra) as well as RBE No. 73/2008, which was in vogue
at the time of Notification of 2010 but have taken note of RBE No.
06/2014, which according to us is not applicable in the instant
case.
17. In view of the above facts and circumstances, the respondents
are directed to prepare a replacement panel in terms of the dictum
laid down in Dinesh Kumar Kashyap after determining the left over
vacancies from the non-joined candidates of EN No. 0110 and
proceed to provide employment, if they are otherwise eligible. In
case the left over vacancies have been adjusted against the
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
Foxit PDF Reader Version: 2026.1.1
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29 O.A. 350/01363/2023, OA. 350/1364/2023, O.A. 350/1365/2023, O.A.
350/1446/2023, O.A. 350/01447/2023, O.A. 350/01448/2023, O.A. 350/01567/2023, O.A.
350/01568/2023, O.A. 350/01569/2023, O.A. 350/01570/2023, O.A. 350/01581/2023, O.A.
350/1582/2023, O.A. 350/1583/2023, O.A. 350/01588/2023, OA 350/01589/2023, OA 350/01590/2023,
OA 350/01591/2023, OA 350/01592/2023, OA 350/1623/2023, OA 350/1624/2023, OA 350/1625/2023,
OA 350/1630/2023, OA 350/1631/2023, OA 350/1632/2023, OA 350/1639/2023, OA 350/1640/2023, OA
350/1675/2023, OA 350/1676/2023, OA 350/1677/2023, OA 350/1365/2024, OA 350/1367/2024, OA
350/1369/2024, OA 350/1370/2024, OA 350/1372/2024, OA 350/1373/2024, OA 350/1374/2024, OA
350/1385/2024, OA 350/1386/2024
subsequent recruitment notifications, they are further directed to
create supernumerary posts/vacancies and consider the applicants
against those vacancies.
The entire exercise should be completed within a period of 03
months from the date of receipt of a certified copy of this Order.
18. The O.A.s are disposed of accordingly. There shall be no order
as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
DN: C=IN, CN=Shantanu Pramanik, O=Central Administrative Tribunal, OU=
Depaftment of Personnel and Training, ST=West Bengal, postalCode=700020,
serialNumber=
Shantanu 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, telephoneNumber=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888
Reason: I am the author of this document
Location:
Date: 2026.09.03 15:38:52+05'30'
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