CAT - Cuttack

Absorption under specific relaxation circulars cannot be denied for lack of administrative approval of initial engagement.

S SRINIVASA RAO vs M/o Railways

CAT - CuttackJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants were engaged in quasi-administrative offices of the East Coast Railway in 1996—Applicant No. 1 as a Librarian and Applicant No. 2 as a Senior Salesman

Source reference: p. 2-3

Following Railway Board instructions (RBE No. 103/2000 and RBE No. 56/2006), which allowed for the one-time absorption of such staff into Group D posts, the applicants underwent screening

Source reference: p. 3-4

Their names were included in a panel approved by the General Manager and forwarded to the Railway Board in 2012

Source reference: p. 4, 9

However, the respondents ultimately rejected their absorption via a letter dated 26.09.2025 (communicated to divisions on 08.10.2025), citing a 1994 circular (SER Estt. Sl No. 32/94)

Source reference: p. 5, 11

The rejection was based on the ground that the applicants' initial 1996 engagements lacked the personal approval of the then Additional Divisional Railway Manager (ADRM), a requirement under the 1994 circular

Source reference: p. 5-6
02

Issues

1. Whether the respondents were justified in rejecting the applicants' absorption based on the 1994 circular regarding initial engagement, despite the applicants meeting the criteria set out in RBE 103/2000 and RBE 56/2006?

Source reference: p. 8-10

2. Whether the conditions for absorption under the 2000 and 2006 RBEs included the requirement of ADRM approval for initial engagement?

Source reference: p. 9
03

Law Applied

The Tribunal applied Railway Board Establishment (RBE) No. 103/2000, which provided a one-time relaxation for the absorption of quasi-administrative staff who were on the roll continuously for three years as of 10.06.1997, subject to age and educational qualifications

Source reference: p. 7

It further applied RBE No. 56/2006, which modified the previous rule to allow absorption of those on the roll as of 10.06.1997 with the General Manager's approval

Source reference: p. 7-8

The court also examined SER Estt. Sl No. 32/94, which required ADRM approval for fresh engagements in quasi-administrative units

Source reference: p. 5
04

Reasoning

The Tribunal observed that the criteria for absorption under RBE 103/2000 and 56/2006 were specific: candidates must have been on the roll as of 10.06.1997 and possess the requisite age and educational qualifications

Source reference: p. 9

There was no stipulation in these RBEs requiring that the initial engagement must have been approved by the ADRM

Source reference: p. 9

The Tribunal noted that the applicants' names had already been scrutinized and approved by the General Manager in 2012, confirming their eligibility under the relevant Board letters

Source reference: p. 9

The Tribunal reasoned that once the Railway Board issued the 1997 and subsequent instructions establishing a new framework for recruitment and absorption, the earlier stipulations of the 1994 circular regarding the mode of engagement became irrelevant for the purpose of the one-time absorption scheme

Source reference: p. 10-11

Consequently, the respondents' reliance on a 1994 procedural requirement to block a 2006 relaxation scheme was deemed legally untenable

Source reference: p. 11
05

Holding

The Tribunal held that the rejection of the applicants' claims was illegal

It quashed the rejection letter dated 26.09.2025 and directed the respondents to issue orders for the absorption of the applicants into any Group D post in the East Coast Railway

Source reference: p. 11

The respondents were ordered to comply within 60 days of receiving the order

Source reference: p. 11

The OA was allowed with no costs

Source reference: p. 11
CAT - Cuttack

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S SRINIVASA RAOvsM/o Railways

CAT - Cuttack · April 09, 2026

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