Deepali Atish Sawale vs CENTRAL RAILWAY on 27 October 2026

ORDER

Per: Mr. Umesh Gajankush, Member (J)

In the present original application, the applicant has prayed for following reliefs:

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Rashmi Rashmi

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“a) This Hon’ble Tribunal may graciously be pleased to call all the records of the case from the Respondents and after examining the same be pleased to quash and set aside the orders mentioned as Annexures A-1 to A-5, qua the Applicants with all consequential benefits. b) The Hon’ble Tribunal may graciously be pleased to direct the Respondents, by means of a time bound order, to grant Applicants the benefits of corrected seniority and proper fixation of pay and increments to Applicants. c) Cost of the Applicants be provided. d) Any other and further order as this Hon’ble Tribunal deems fit in the nature and circumstances of the case be pleased.”

2. For Condonation of Delay, MA No. 946/2026 was filed by the applicant stating that the OA raises substantial and critical question of law regarding the violation of established recruitment quotas in the Mumbai Division. The respondents have sought to fill posts through 140 Direct Recruits (DRs), completely overring and encroaching upon the 100% promotion quota earmarked strictly for departmental promotees, which acts as a direct violation of Railway Board Order RBE No. 85/2023 dated 28.06.2023.

2.1 It is submitted that the accompanying Original Application was filed on 29.06.2026. If calculated mathematically from the initial publication date of the Seniority

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Rashmi Rashmi

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List (13.02.2026), there is a minor technical delay of 136 days. However, the applicants submit that the actual cause of action and knowledge of the deep-seated institutional illegality crystallised due to reasons stated below.

2.2 It is stated that delay in approaching this Tribunal was completely unintentional, bona fide and constitutes a sufficient cause under Section 21 (3) of the Act due to the following compelling circumstances:

(a) Publication of provisional Seniority List of Senior Commercial cum Ticket Clerk/Commercial cum Ticket Clerk in Level 5 of VII th CPC Pay Matrix of Commercial Department as on 12.03.2024 of Mumbai Division dated 12.03.2024.

Mumbai Division staff also filed objection letters to commercial officers and Sr. DPO. Mumbai Division on 18.05.2025. This was challenged by the Indian Railway Ticket Checking Staff Organisation Headquarter New Delhi Reg. No. 4670 under Trade Union Act, 1926, dated 27.07.2025. Due to pressure or protest, this Seniority List was cancelled.

(b) Concealment of Material Facts and Subsequent RTI Discovery: The impugned seniority distribution was fundamentally built upon and internal, hidden executive instruction. It was only after persistent efforts under the Right to Information (RTI) Act after 13.02.2026 that the Applicants finally secured a copy of a vital letter issued

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Rashmi Rashmi

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by the Deputy Chief Personnel Officer (Dy. CPO) dated 15.04.2024.

Crucial Contents of the Cy. CPO Letter: This newly uncovered letter dated 15.04.2024 explicitly records an administrative directive to treat Direct Recruits as 100% promotees. This internal document exposes a patent, fatal illegality that is void ab initio, as an administrative order cannot transform the statutory entry method of Direct Recruits to bypass a legally protected promotion quota.

Prompt Administrative Redressal: Upon discovering this document, the Applicants did not sit idle. They immediately compiled details and filed comprehensive formal legal objections/representations before the competent authorities on 08.05.2026, 26.05.2026 and 17.06.2026 which are in the OA.

Swift Judicial Recourse (Filing on 29.06.2026): When the administration sought to justify its illegal actions, the applicants immediately moved this Tribunal on 29.06.2026. Because this dispute dynamically impacts a large group of promote employees across multiple fields unite the Mumbai Division, compiling authorisations coordinating multi-litigant signatures, and formatting the OA 60 days of the RTI discovery show absolute vigilance and non- negligence.

2.3 It is submitted that the applicants have continuously diligent and have not acted with any laches. The underlying administrative action (treating DRs as promotees) constitutes a continuous and ongoing injury to the seniority and career progression of the applicants. No prejudice or harm will be

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Rashmi Rashmi

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caused to the respondents if the technical delay is condoned, whereas the applicants will face severe career degradation if denied a hearing on merits. On that basis, the applicants have prayed for condonation of delay.

3. The respondents have filed the reply, and stated in paragraph 3, as under:

(i) Notification dated 16-06-2026 for formation of panel for the post of Chief Commercial cum Ticket Supervisor (CCTS) in Pay Matrix Level-6 (GP-4200) against 75% Promotion Quota (Selection) in Unified cadre, Commercial Department on Mumbai Division, C. Rly.

(ii) Provisional Seniority list of Senior Commercial cum Ticket Clerk/Commercial cum Ticket Clerk Level-5 as on 13-02-2026.

(iii) Promotion and posting for the post of Sr. Commercial cum Ticket Clerk in GP 2800/-ML-5 through 100% departmental quota, in commercial department, Mumbai Division dated 22.12.2023.

(iv) Regular Posting order dated 21.07.2023 of Sr. CCTC, GP 2800 (M/L-5) in Unified cadre in Commercial Department on Mumbai Division.

(v) Guidelines dated 05.06.2024 for implementing the RBE No. 85/2023 dated 28-06-2023 in merged cadre in commercial department.

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Rashmi Rashmi

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3.1 It is therefore, submitted the above prayers are multiple prayers dealing with seniority, merger of seniority, promotion and posting etc. Thus, reliefs sought for are in violation of Rules 10 of the CAT (Procedure) Rules, 1987. A part from above, when seniority issue is involved, there is always affected parties. They shall be impleaded as party respondents and hence, the present OA is liable to be dismissed on this ground itself.

3.2 In paragraph no. 7, it has been specifically stated the cause of action arose in the year 2023 and therefore, the OA filed on 29.06.2026 is not within the limitation period stipulated in Section 21 of the AT Act, 1985. Thus, the OA is liable to be dismissed on this ground itself.

4. We have heard learned counsel for the parties to the extent of consideration of delay condonation application.

5. Learned counsel for the applicant vehemently argued that on the basis of facts stated in the application, there is a sufficient cause for Condonation of Delay.

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Rashmi Rashmi

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5.1 During the course of the arguments, learned counsel for the applicant has placed reliance on the judgment of Hon’ble Supreme Court in the case of UOI & Anr. vs. Tarsem Singh reported in AIR Online 2008 SC 68 and also order passed by the Co-ordinate Bench of this Tribunal in OA No. 774/2025 decided on 10.07.2026 in the case of Mr. Devendra Pratap Singh & Ors. vs. UOI & Ors., in which, the seniority list was also under challenged and this Tribunal has decided the issue on merits.

6. On the other hand, learned counsel for the official respondents vehemently argued that the cause of action accrues to the applicants, if any, in the year 2023, whereas the OA is filed on 29.06.2026.

6.1 It is submitted that at the one hand, while filing the original application, in para 3, it has been categorically stated that there is no delay in filing the present original application. However, subsequently delay condonation application is filed, in which there is no sufficient cause or explanation for condonation of delay.

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Rashmi Rashmi

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6.2 During the course of the arguments, learned counsel for the respondents has submitted that in relief clause, the applicants have prayed for quashment and setting aside or orders mentioned as Annexure-A-1 to Annexure-A-5 with consequential benefits without mentioning any dates of said orders.

6.3 While inviting our attention to promotion and posting order dated 22.12.2023 (Annexure-A-3), order dated 21.07.2023, 24.08.2023, 04.10.2023, and 11.12.2023 (Annexure-A-4) by which the employees, whose names are mentioned in the said order have been either promoted and posted on the post of Senior Commercial cum Ticket Clerk (Sr. CCTC) in GP 2800 (M/L-5). If applicant was aggrieved by the said orders in 2023 and no steps have been taken by the applicant within the prescribed period of limitation, in case, delay application is allowed, the right of the said employees would be adversely affected. No proper explanation in this regard has been offered in the delay condonation application. Further, communication dated 05.06.2024 (Annexure-A-5) is also challenged in respect of

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Rashmi Rashmi

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which, limitation was already expired much prior to filing of this original application.

6.4 Under these circumstances, under the garb of challenge to Annexure-A-1 and Annexure-A-2, delay cannot be condoned. Therefore, it is submitted that application is liable to be rejected and consequently OA is also liable to be dismissed.

7. After hearing learned counsel for the parties and after perusal of the record to the extent of consideration of delay condonation application is concerned, so far as challenge made to notification dated 16.06.2026 (Annexure-A-1) and provisional seniority list dated 13.02.2026 (Annexure-A-2), the present original application is within limitation.

8. So far as promotion and posting order dated 22.12.2023 (Annxure-A-3) and order dated 21.07.2023, 24.08.2023, 04.10.2023, and 11.12.2023 (Annexure-A-4), one year limitation was expired in the year 2024. However, in the application for condonation of delay, it is stated that from the letter issued by the Deputy Chief Personnel Officer (Dy. CPO)

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Rashmi Rashmi

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dated 15.04.2024, which was received to the applicant on 13.02.2026, it has come to the knowledge of the applicants that this newly uncovered letter dated 15.04.2024 explicitly records an administrative directives to treat direct recruites as 100% promotee, which is patently illegal and is void ab initio, as an administrative order cannot transform the statutory entry method of direct recruites to bypass a legally direct promotion quota.

9. Although, by filing reply, the respondents contested the claim of the applicants on merits also, apart from raising question of delay but fact remains that the aforesaid aspect can only be considered while considering the OA on merits. However, the fact remains that after the issuance of order 22.12.2023 (Annxure-A-3) and order dated 21.07.2023, 24.08.2023, 04.10.2023, and 11.12.2023 (Annexure-A-4) in the year 2024, no steps have been taken by the applicants in the prescribed period of limitation before this Tribunal.

10. Therefore, taking into consideration the facts and circumstances of the case and the explanation offered by the

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Rashmi Rashmi

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applicants, the MA No. 946/2026 is allowed, subject to payment of the cost of Rs. 15000/- which shall be deposited by the applicant in the account of “Maharashtra’s Chief Minister Relief Fund (CMRF)”, within a period of two weeks’ from the date of receipt of certified copy of the order.

11. Registry is directed to list the Original Application for further consideration on 27.11.2026.

(Umesh Gajankush) (Shri Krishna) Member(J) Member(A)

R.

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