JITENDRA KUMAR SHARMA vs CENTRAL RAILWAY on 5 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI Order Sheet Item no.: 12 O.A./649/2025 (MUMBAI) [ DEPT. EXAM (PROMOTION) ] With M.A./787/2025 JOINT PETITION Court No.: 2 No of Adjournment: 20 Order Dated: 05/11/2026 JITENDRA KUMAR SHARMA Vs CENTRAL RAILWAY

For Applicant(s) Advocate : Shri V.A. Nagrani For Respondent(s) Advocate : Ms. Samiksha Kanani Order of The Tribunal In the present OA, it is the case of the applicants that in pursuance of communication dated 01.04.2024 (Annexure A-1), the applicants, who were working on the post of Khalasi (Assistant C&W) opted for Pune Division. It is further submitted that as per communication dated 12.06.2024 (Annexure A-5), clause 1.2 specifically provides that where written test has already been conducted, it would not be appropriate to cancel the selection and the selection should be finalised at the earliest. Further, clause 1.2.1 provides that Solapur Division is advised to discuss with Pune Division regarding these selections and Pune Division is advised not to include these vacancies in the selections conducted by Pune Division, till these selections are finalised by Solapur Division.

2. It is submitted that in pursuance of Notification, the applicants have participated for the promotional post of Technician Fitter III, Pay Level II and thereafter order dated 16.09.2024 was issued. However, based upon the aforesaid order, promotion orders were not issued by the Pune Division whereas the Solapur Division has issued order dated 08.11.2024 (Annexure A-6). It is submitted that when the decision has been taken in pursuance of communication dated 01.04.2024 then the applicants are eligible and entitled to be promoted in the Pune Division itself on the post of Technician Fitter-III.

3. On the other hand, learned counsel for the official respondents submitted that as per the proceedings of Headquarters Office, Personnel Department, CSMT, Mumbai dated 02.03.2026, the said aspect has been considered in item No.2 and decision has been taken to the effect which reads as under : "2 Item No.14/2025 - Filling up the vacancies of Tech-III(Fitter), ML-2 against Depttl quota in C&W Deptt. The issue has been discussed and examined in detail. All these 27 employees submitted option for PA division as Khalasi. Integrated seniority was also examined thoroughtly and it is found that the Khalasis who reported to PA division are junior to the Khalasis already working in PA division. Hence, it is not feasible to consider their promotion as Tech-III on PA division. 2.1 Decision: It has been decided that all such staff shall have option to remain in SUR division as Tech-III and if they wish to join in PA division on option they will have to accept posting as Khalasi. The consent from these 27 employees may be obtained and PA division may relieve them immediately for SUR division. NRMU agreed for the same. Dy.CPO(NG) will issue a comprehensive instruction to Pune Division communicating this decision."

4. However, learned counsel for the applicants submits that the agreement of NRMU cannot bind the rights of the applicants.

5. Learned counsel for the respondents submits that in view of the pendency of the present OA, the vacancies available at Pune Division cannot be proceeded with in respect of these promotional posts. Therefore, in any case, keeping 25 posts i.e the present applicants, the Pune Division may be permitted to fill up the promotional post of Technician Fitter-III subject to outcome of the present OA.

6. To the extent of aforesaid prayer, learned counsel for the applicants fairly accepted the aforesaid proposition.

7. Taking into the aforesaid aspect of the matter, Pune Division is permitted to fill up the vacancies of the post of Technician Fitter-III, Pay Level-II keeping 25

posts vacant subject to outcome of this OA.

8. List the matter on 02.12.2026.

MR. UMESH GAJANKUSH Member (J) Mr. Shri Krishna Member (A) Ma Alphanso ( )