CAT - ['Bangalore']
Employment and Labour LawAdministrative and Public Law

Applicant directed to be promoted against a supernumerary post pending regular vacancies.

Venkoba Rao vs SOUTH WESTERN RAILWAY

CAT - ['Bangalore']JUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
Applicant directed to be promoted against a supernumerary post pending regular vacancies.. Venkoba Rao vs SOUTH WESTERN RAILWAY. CAT - ['Bangalore']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 1–2

He 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. 1–2

The 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. 2–3
02

Issues

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. 2–3

2. Whether the respondents should create a supernumerary post to accommodate the applicant pending the availability of regular vacancies.

Source reference: p. 3
03

Law 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. 2

The 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. 2–3

It 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. 3
04

Reasoning

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. 2–3

Instead, 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. 2–3

The 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. 3
05

Holding

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. 3

The 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. 3

The OA was disposed of with no order as to costs.

Source reference: p. 4
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Bangalore']

Original Court PDF

Venkoba RaovsSOUTH WESTERN RAILWAY

CAT - ['Bangalore'] · October 09, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment