DAYANAND vs Union Of India on 7 October 2026

1. Daya Nand, aged about 46 years, S/o Shri Devendra Pal Singh, R/o 537, B/25/4, Yash Nagar, Sitapur Road, Lucknow, HN 5/440, Vikas Nagar, Lucknow.

2. Santosh Kumar Tiwari, aged about 39 years, S/o Late Shri B.N. Tiwari, R/o 554-Ka/281-A, Arjun Nagar, Alambagh, Lucknow.

……Applicants

By Advocate: Shri Praveen Kumar

VERSUS

1. Union of India, through the General Manager, Northern Railway, Baroda House, New Delhi.

2. The Divisional Railway Manager, Northern Railway, Hazratganj, Lucknow.

3. The Senior Divisional Personnel Officer, Northern Railway, Hazratganj, Lucknow.

..…..Respondents By Advocate: Shri Ram Bilash Verma

ORDER (ORAL) Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to selection, the applicants have sought following reliefs: “(1) To quash the impugned list dated 07.03.2017 contained as Annexure No. A-1 to this OA to the extent it excludes the applicants, contained as Annexure No. A-1 to the OA and declares ineligible, with all consequential benefits.

To direct the respondents to include the name of the applicants in the eligibility list and allow them to participate in the examination in pursuance of notification issued on 07.11.2016 and extend all promotional benefits subject to his selection/result of the written examination etc.

Any other relief, which this Hon’ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.

Cost of the present case.”

2. The facts of the case are that the services of both the applicants were regularized on the post of Safaiwala (Group D). In response to notification dated 07.11.2016 for promotion to the post of Clerk-cum- Typist (Group C) through selection issued by the respondents, the applicants submitted their applications. Aggrieved with their exclusion from the list of eligible candidates for participating in the written examination for the post of Clerk vide order dated 07.03.2017, the applicants have preferred this OA.

3. The applicants state that as per the notification dated 07.11.2016, 3 years’ service in Group D as on 07.12.2016 was required. Their contention is that they fulfilled the aforementioned condition; yet they were declared as not eligible in the list brought out by the respondents vide impugned order dated 07.03.2017.

4. The respondents state that the applicant no. 1 is Group D employee of Commercial Department while applicant no. 2 is Group D employee of Medical Department and that their promotion channel is available in the respective Departments. They contend that as the applicants are not working in administrative offices, they were not eligible to appear in the selection notified on 07.11.2016.

5. In the rejoinder affidavit, the applicants have contended that nowhere in the notification it is provided that the vacancies are to be filled from the administrative side. In a supplementary affidavit dated 23.10.2017, they have highlighted notification dated 31.07.2017 issued by Delhi Division of Northern Railway in which employees of Medical Department have been considered as eligible for selection to Group C post. Further, vide supplementary affidavit dated 13.05.2026, it is stated that applicant no. 1 was subsequently allowed to participate in the selection notified on 29.08.2019 as per the eligibility list dated 31.01.2020.

6. In the supplementary counter affidavit dated 24.09.2026, the respondents state that in compliance with this Tribunal’s interim order dated 10.04.2017, the applicants were permitted to appear provisionally in the departmental selection examination subject to the final outcome of this OA and their results have been kept in sealed cover pending further orders of this Tribunal. It is also stated that the provisional panel circulated vide letter dated 06.06.2017 has been exhausted. It is further stated that in the meantime both the applicants have been promoted in the ministerial cadre - applicant no. 1 was promoted as Junior Clerk in 2020 while applicant no. 2 was promoted as Junior Clerk in 2018. It is also stated that both the applicants have received further promotions in the normal course of service.

7. We have heard both the parties.

8.1 A perusal of notification dated 07.11.2016 issued by the Divisional Office, Lucknow reveals that the following is listed therein: “Eligible Categories

1. Employees working in office (including security department) in Group D, Grade Pay 1800/- such as Chaprasi, Office Khalasi, Paniwala.

2. Bhishti/Safaiwala

3. ….” (emphasis supplied) It is further noted that the notification is addressed to all officers of Lucknow Division. It is, therefore, evident that the employees working in Lucknow Division in Group D are eligible and that Safaiwala is an eligible category.

8.2 In view of the above position, it cannot be said that the applicants were ineligible for participating in the selection notified on 07.11.2016. 8.3 It is noted that the applicants provisionally participated in the selection notified on 07.11.2016 and that their results are kept in the sealed cover. 9.1 In view of the foregoing, the respondents are directed to open the applicants’ results kept in sealed cover pertaining to the selection notified on 07.11.2016 and if the applicants are found to have qualified in that selection, the respondents shall grant notional benefits to them at par with other candidates who qualified in that selection within three months of receipt of certified copy of this order. 9.2 Pending MAs, if any, also stand disposed of. 9.3 Parties shall bear their own costs.

(Pankaj Kumar) (Justice Anil Kumar Ojha) Member (A) Member (J)

Vidya

Vidya Ben Waghela Digitally signed by Vidya Ben Waghela Date: 2026.10.15 16:28:46 +05'30'