Central Administrative Tribunal
RANDHIR KUMAR vs EAST CENTRAL RAILWAY on 30 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL PATNA
Order Sheet
Item no.: 24
O.A./714/2026 (PATNA)
[ PROMOTION ]
Court No.: 1
No of Adjournment: 1
Order Dated: 30/10/2026
RANDHIR KUMAR
Vs
EAST CENTRAL RAILWAY
For Applicant(s) Advocate : Mr. S. K. Bariar For Respondent(s) Advocate : Mr. T. N. Thakur, Sr. CGSC
Order of The Tribunal
Learned counsel for the parties are present and heard.
The present case is fixed for filing of the written statement as well as reply to the interim relief application, which have not yet been filed.
Counsel for the Opposite Party submits that the written statement is under preparation and shall be filed within a period of two weeks.
Heard counsel for the applicants on the prayer for interim relief, as made in paragraph 9 of the Original Application, whereby the applicants have sought the following reliefs during the pendency of the present OA:
(i) Office Order No. 174/2026 dated 29.09.2026 (Annexure A/6), may be stayed in respect of the applicants only; and
(ii)
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Order
No. Estt./Electric/TRS/Vividh/2026 dated 04.09.2026 (Annexure A/5), may be stayed in respect of the applicants only, by which the Office Order No. 81 'A'/2026 dated 03.05.2026 has been made to cancel. It is noticed that the instant OA was filed by the applicants on 15.10.2026. On 16.10.2026, at the request of counsel for the Opposite Party, two weeks' time was granted to file a reply to the interim relief application. However, the same has not been filed till date, instead counsel for the Opposite Party is seeking further time for the said purpose. Counsel for the applicants has opposed the request for further time and submits that, in the event interim protection is not granted, the applicants may suffer irreparable loss. Elaborating his submissions, counsel for the applicants submits that the applicants were initially appointed as Assistant Loco Pilots and were subsequently promoted to the post of Loco Pilot (Goods) on 15.03.2023. While working as Loco Pilot (Goods), they were selected for the post of Crew/Power Controller for a tenure of three years. It is further submitted that applicant No. 1 was promoted from Loco Pilot (Goods) to Loco Pilot (Passenger) vide Office Order No. 208/2023 dated 30.06.2023, whereas applicant Nos. 2 and 3 were similarly promoted vide Office Order No. 253/2023 dated 11.08.2023. However, since the applicants were working as Crew/Power Controllers for a tenure of three years, they could not be relieved to give effect to the aforesaid promotion orders. Counsel for the applicants further submits that the applicants were subsequently granted promotion to the post of Loco Pilot (Passenger) vide order dated 03.05.2026 and they immediately joined the said post. However, vide subsequent order dated 04.09.2026, the applicants were informed that their promotion from Loco Pilot (Goods) to Loco Pilot (Passenger), granted vide order dated 03.05.2026, had been cancelled. It was further communicated that, pursuant to the review of the cadre of Loco Pilot (Passenger), a revised provisional seniority list had been issued. Counsel for the applicants contends that the applicants have been discharging their duties as Loco Pilots (Passenger) since 03.05.2026. Therefore, if the promotion order dated 03.05.2026 is cancelled, their experience gained while working on the said post may not be counted by the respondent authorities. It is accordingly submitted that the period of service rendered by the applicants as Loco Pilots (Passenger), with effect from 03.05.2026 or the respective dates of their joining, ought to be duly taken into consideration for the purpose of reckoning their experience. We have considered the submissions advanced by counsel for the applicants.
In the facts and circumstances of the case, we deem it appropriate to direct counsel for the Opposite Party to obtain specific instructions from the competent authority as to whether the period of approximately five months during which the applicants have been discharging their duties as Loco Pilots (Passenger), pursuant to the order dated 03.05.2026, shall be counted towards their requisite service experience, notwithstanding the subsequent cancellation of the said promotion order. The aforesaid instructions shall be placed before this Tribunal within a period of two weeks. As prayed for, counsel for the Opposite Party is also granted three weeks' time to file the written statement. List this case on 18.11.2026.
KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sonali Lal ( court master )