GYANA RANJAN BEHERA vs M/o Railways on 9 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK Order Sheet Item no.: 60 O.A./486/2020 (CUTTACK) [ PROMOTION ] With M.A./42/2024 Court No.: 1 No of Adjournment: 33 Order Dated: 09/11/2026 GYANA RANJAN BEHERA Vs M/O RAILWAYS

For Applicant(s) Advocate : N.R.Routray

For Respondent(s) Advocate : A.K.Mohapatra Order of The Tribunal The applicant has filed this OA seeking to quash the order of promotion dated 26.05.2020 of Resp. Nos. 4 to 7 to the post of Staff and Welfare Inspector and, consequently, direct the respondents to redraw the panel based on the marks secured by the incumbents in the written test and APARs of 2015-16 2017-18 only as per the decision of the CAT, Chandigarh Bench in OA No. 977/2016.

2. The relief sought for by the applicant has been contested and objected by the respondents in their counter inter alia stating that Notification ACK No. P3/20/Staff & Welfare Inspt.(35%)/Sel/19 dated 11.03.2019 was issued for selection by way of promotion to fill up 04 (Four) unreserved (UR) vacancies in the category of Staff and Welfare Inspector (S & WIs) in PB-2 (Rs.9300-34800) with GP- Rs.4200/-(Level-6 in the pay matrix of 7th CPC) in the Personnel Department against 35% LDCE (Limited Departmental Competitive Examination) from amongst eligible staff belonging to all departments of Khurda Road Division. In response thereto, 121

applications were received within the cut-off date/15.04.2019, out of which, 93 employees were found eligible to appear at the test. Written Test was conducted on 14.12.2019 in terms of RBE No. 196/2018 dated 14.12.2018 and the marks obtained by the candidates/result was published. The final panel was drawn on overall merit position of candidates qualified in the written examination and service record. The marks distribution to the post is Professional Ability- 50 Marks and Service Record 30 marks. The service record of the candidates who have scored 60% marks in professional ability has been assessed and out of 30 marks in service record, maximum marks of 15 is meant for evaluation of APARs in last three years, i.e., 2016-17, 2017-18 and 2018-19 has been taken into consideration and rest 15 marks is calculated on record of service., i.e. Academic Qualification, Awards, Punishment and Absenteeism. This method was followed in the impugned selection process uniformly without any discrimination. The APARs (Annual Performance Appraisal Reports) for past three years was taken into consideration uniformly across the board at the time of assessment of suitability. The adopted method of selection has been fair without any bias or prejudice and commensurate with the spirit enshrined in Article 14 of the Constitution of India. Though, applicant secured more marks than Respondents 4, 6 and 7 in the written test but after adding marks secured in record of service, he fell short in overall assessment than Respondent No. 4, 6 and 7. Accordingly, applicant was not selected to S & WI and his appeals /representations dated 09.07.2020 and 24.09.2020 were disposed of vide Order dated 22.10.2020 to the O.A which had remained unchallenged having been accepted by the applicant and thus binding on him. In nutshell, it is stated that since the entire process of selection was conducted strictly in accordance with rules and procedure, without any bias or favouratism to anyone, this OA deserved to be dismissed.

3. Heard.

4. Ld counsel for the applicant has submitted that according to the respondents, they have considered and disposed of the appeal/representation of the applicant dated 09.07.2020 and 24.09.2020 were disposed of vide Order dated 22.10.2020 still then the appeal preferred by the applicant on 13.10.2020 [A/14] remains unattended to and, therefore, the applicant shall be satisfied if this OA at this stage is disposed of with direction to the DRM, KUR, E.Co.Rly, BBSR to dispose of his appeal, which he had addressed to him on 13.10.2020, but the same remained unattended to. Ld. Counsel for the respondents, on the other hand, objected to the said prayer by stating that after filing of the counter, the appeal dated 13.10.2020, stated to be still unattended, became redundant and, therefore, there is no reason to direct the DRM, KUR, for disposal of the appeal at this stage.

5. We have considered the submissions of the parties and perused the record. Although, we find some force in the submission of the respondents’ counsel, since no decision is taken on his appeal, is not in dispute, without expressing any opinion on the merit of the matter and also without prejudice to the rival contentions of the respective parties, this OA is disposed of with direction to Resp. No.2 to take an inferred decision on the appeal dated 13.10.2020 [A/14] and communicate to the applicant in a well reasoned order within a period of 120 days from the date of receipt of a copy of this order. Costs made easy. Pending MA, if any, accordingly disposed of. Pramod Kumar Das Member (A) SUDHI RANJAN MISHRA Member (J) Kalpeswar Behera ( ps )