Facts
The applicant, a Chief Office Superintendent in South Western Railway, challenged Panel No. 163 dated 14 August 2025, issued following a notification for filling four Assistant Personnel Officer (APO) posts under the 70% quota.
Source reference: p. 1–2He sought, among other reliefs, inclusion in the panel in place of the third respondent, whom he alleged was junior and did not meet the requirements of selection by seniority-cum-suitability.
Source reference: p. 1–2The Tribunal noted that the issue had been addressed in OA No. 397/2025, Kiran v. General Manager, South Western Railway & Ors., decided the same day, and disposed of this application on similar terms.
Source reference: p. 2–3Issues
1. Whether the applicant was entitled to relief concerning Panel No. 163 and promotion to the APO post under the 70% quota, in light of the decision in OA No. 397/2025.
Source reference: p. 2–32. Whether the respondents should create a supernumerary post to accommodate the applicant pending the availability of regular vacancies.
Source reference: p. 3Law Applied
The application was brought under Section 19 of the Administrative Tribunals Act, 1985, which provides the procedural basis for an application before the Tribunal.
Source reference: p. 2The Tribunal treated its decision in OA No. 397/2025, Kiran v. General Manager, South Western Railway & Ors. as governing the issue and disposed of this application “in similar terms”.
Source reference: p. 2–3It also made the relief subject to any further orders of the Supreme Court in the Jarnail Singh batch of cases, in terms of Railway Board letter No. 2018-E(SCT)1/25/9 dated 22 June 2022.
Source reference: p. 3Reasoning
The Tribunal did not set out a separate assessment of the applicant’s challenge to the panel or the relative suitability of the applicant and the third respondent.
Source reference: p. 2–3Instead, it held that the issue was no longer res integra because of its decision in OA No. 397/2025 and adopted the same approach here.
Source reference: p. 2–3The operative directions therefore provide for the applicant’s accommodation through a supernumerary post, while making the relief subject to the specified Supreme Court proceedings.
Source reference: p. 3Holding
The Tribunal directed the respondents to create one supernumerary UR post of APO in Level 8 under the 70% quota in the Personnel Department and to promote the applicant against that post until regular vacancies arise.
The exercise must be completed within eight weeks of receipt of a certified copy of the order.
Source reference: p. 3The applicant is entitled to consequential benefits, but not arrears of pay and allowances; the directions remain subject to further orders of the Supreme Court in the Jarnail Singh batch of cases.
Source reference: p. 3The OA was disposed of with no order as to costs.
Source reference: p. 4Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Venkoba RaovsSOUTH WESTERN RAILWAY
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