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203/00355/2021
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CENTRAL ADMINISTRATIVE TRIBUNAL,
JABALPUR BENCH
JABALPUR
Original Application No.203/00355/2021
Gwalior, this Monday, the 9th day of March, 2026
HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON’BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Gautam Srivastava s/o Late Babban Lal Srivastava, aged about 42
years, working as Rajbhasha Adhikari/NGP, R/o DRM Complex, South
East Central Railway, Kingsway Road, Nagpur (M.H.) 440001
2. Nikesh Kumar Pandey S/o Late Abhaynath Pandey, aged about 49
years, working as Rajbhasha Adhikari/DRM/SECR/Raipur, R/o 523/3,
Shivnath Rail Vihar, Phase-II, WRS Colony, Raipur (C.G.) 492008
-Applicants
(By Advocate –Shri A V Shridhar)
Versus
1. The Secretary Railway Board, Ministry of Railways, Rail Bhawan,
Raisena Road, New Delhi-110001
2. Union of India - Through General Manager, South East Central
Railway, New GM Building, Bilaspur, Chhattisgarh 495004
3. Principal Chief Personnel Officer, South East Central Railway, Bilaspur
(C.G.) 495004
4. Union Public Service Commission, UPSC Bhavan, Shahjahan Road,
UPSC, Man Singh Road Area, New Delhi, Delhi 110069
- Respondents
(By Advocate –Shri Palash Tiwari)
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ORDER
By Mallika Arya, AM:
Through this Original Application the applicants are seeking
quashment of the order dated 28.04.2020 (Annexure A/1) whereby the
Respondent Authorities have by an administrative order upgraded the
Group 'B' post in Official Language Cadre with Grade Pay 4800/- to
Group 'A' post carrying GP 5400/- without making suitable amendments
in the recruitment rules. They are further seeking quashment of the
order/show cause notice dated 28.05.2021 (Annexure A/2) whereby the
applicants have been communicated of the proposed action of reversion to
the post of Senior Translator and Junior Translator respectively in light of
the letter dated 19.02.2021 and 07.04.2021 issued by Respondent no. 1.
2. Briefly stating, the facts of the case are that the applicant No. 1
was working as Junior Translator and applicant No. 2 was working as
Senior Translator in the respondent department. On 25.11.2019 a
notification was issued for formation of panel to the Group 'B' post of
Rajbhasha Adhikari in scale PB-2 Rs. 9300-34800/- + GP Rs. 4800/-. In
pursuance to the notification dated 25.11.2019, a written examination was
conducted on 21.07.2020. The result was published on 24.08.2020.
Subsequent to the viva voice, a panel was published with the approval of
Respondent No. 2 i.e. General Manager and the applicants were
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empanelled vide memorandum dated 21.10.2020 (Annexure A/3). Vide
impugned order dated 28.04.2020 (Annexure A/1), it was decided by the
Railway Board to bring the pay structure of gazetted post of Official
Language (OL) cadre at par with those existing in Central Secretariat
Official Language Service (CSOLS). Hence, the Group 'B' post of Official
Language Department was upgraded from PB-2 GP 4800/- (Level 8) to
Group 'A' post PB-3 GP 5400/- (Level 10). However, the relevant
recruitment rules were not amended as is apparent from the impugned
order Annexure A/1. Vide letter dated 19.02.2021 (Annexure A/4),
Respondent No. 1 while referring to the letter dated 28.04.2020 (Annexure
A/1) wrote to Respondent No. 2 regarding the Group 'B' posts of
Rajbhasha Adhikari which got upgraded as Group 'A' posts. Railway
Board took a serious note of the issue and directed for taking the coercive
action. Vide letter dated 11.03.2021 the South East Central Railway
(Respondent no. 2) requested the Railway Board (Respondent no. 1) to
consider the post facto sanction of the empanelment of the applicants. The
Respondent no. 1 vide its letter dated 07.04.2021 directed the Respondent
no. 2 to take immediate steps for cancellation of the promotion of the
applicants. Thereafter, the applicants have been served with the Show
Cause Notice (Annexure A/2) dated 23.05.2021 in a premeditated manner.
The applicants have challeged the veracity of the show cause notice since
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no fair procedure has been followed by the Competent Authority of
Respondent no. 2 and they have reached a conclusion of reverting the
applicants on the directions of the Respondent No. 1 which is violative of
the principles of natural justice. The applicants have not been provided
with the copy of the inquiry as referred in Paragraph 3 of the impugned
show case notice and the entire inquiry has been conducted behind the
back of the applicants. Further, the Show Cause Notice has been issued
without any jurisdiction by an incompetent authority. The order of
empanelment of the applicants was approved by the General Manager,
SECR. However, the impugned Show Cause Notice has been issued by
the Principal Chief Personnel Officer, SECR. The applicants are also
relying on the Para 228 (II) (c) of Indian Railway Establishment Manual
which reads as follows:
"(c) Except where the appointing authority is the Railway Board or
the President, the question whether promotion/appointment of a
particular railway servant to a post was erroneous or not should be
decided by an authority next higher than the appointing authority in
accordance with the established principles governing promotions /
appointments. Where the appointing authority is the Railway Board
or the President, the decision should rest with the President and shall
be final."
The applicants have further submitted that the Respondent No. 3 is
not competent to cancel the selection process as the panel was approved
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by the General Manager, SECR (Respondent no. 2). Hence, the show
cause notice is without jurisdiction. They have also contended that it is a
settled position of law that administrative decisions do not stand in an
arena where the same is in contradiction to a piece of legislation. The
impugned order dated 28.04.2020 has been issued for revision of pay
structure of Group 'B' gazetted post of Rajbhasha Adhikari. Needless to
mention that GP of 5400/- exists in Group 'B' posts as well. Any
upgradation of Group 'B' post to Group 'A' post necessarily warrants a
concurrence and approval of UPSC. Hence, in absence of the same the
order of upgradation of Group 'B' post of Rajbhasha Adhikari is
erroneous. The applicants have prayed that the order dated 28.04.2020
(Annexure A/1) and show cause notice dated 28.05.2021 (Annexure A/2)
should be quashed. They have also prayed that the respondents be directed
not to disturb the working of the applicants to Group B post of Rajbhasha
Adhikari in the PB-2 Rs. 9300-34800/- + GP Rs. 4800/-.
3. The respondents have filed their reply wherein it has been
submitted that the Railway Board vide letter No. PC VI/2014/1/5/1 dated
28.04.2020 (Annexure A/1), communicated the decision of President to
upgrade the pay structure of Group 'B' Gazetted posts of Official
Language cadre of Zonal Railways at par with those existing in Central
Secretariat Official Language Service (CSOLS). Therefore, it was advised
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that the pay structure of Group 'B' Gazetted posts of Official Language
Department of Zonal Railways / PUs will be upgraded from existing PB-2
+ GP Rs. 4800/- (Level 8) to PB-3 + GP 5400/- (Level -10) Group "A"
with the designation "Rajbhasha Adhikari". Since the functioning of this
post is exactly similar therefore, the Railway Board directed that the
Recruitment Rules of the above posts in the Zonal Railways would be
brought at par with that of Assistant Director (OL) in CSOLS.
They have mentioned that notification for the four vacancies was
issued on 25.11.2019 with the approval of General Manager. After
conducting the entire examination process, a provisional panel of two
candidates for the Gr. 'B' post of Rajbasha Adhikari was published on
21.10.2020. However, due to COVID-19 pandemic and subsequent
lockdown, the letter dated 28.04.2020 revising the pay structure of Group
'B' gazetted post of Official Language department of Zonal Railway's/PU's
to be brought at par with CSOLS cadre was not received in the office of
the Respondent no. 2. After downloading the soft copy from the Railway
Board's website, the same was circulated by South East Central Railway
(Respondent No. 2) on 01.07.2020. The Ministry of Finance, Department
of Expenditure vide their O.M. No. [Link].1/1/2008-IC dated 24.11.2008
(Annexure R/1) advised all Ministries/Departments to grant the revised
pay scales approved for various posts in the CSOLS to similarly
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designated Official Language posts existing in subordinate offices w.e.f.
01.01.2006. The Notification was published for filling up Group 'B' post
of Rajbhasa Adhikari wherein the post has been upgraded on 28.04.2020
to Group 'A'. The prayer of the Applicants to allow them to work in the
Group 'B' post of Rajbhasa Adhikari in Grade Pay Rs. 4800/- is not
tenable for want of a sanctioned post in the Group B category on the date
of empanelment.
Respondents have also stated that questions relating to the ,
constitution, pattern, nomenclature of posts, cadres, categories, their
creation/abolition, prescription of qualifications and other conditions of
service including avenues of promotions and criteria to be fulfilled for
promotions pertain to the field of Policy and are within the exclusive
discretion and jurisdiction of the State, subject, of course, to the
limitations or restrictions envisaged in the Constitution of India. It is not
for the Tribunals to direct the Government to have a particular method of
recruitment or eligibility criteria. Further, there is no right of any
employee in the State to claim that rules governing conditions of his
service should be forever the same as the one in which he entered service
for all purposes. A Government servant has no right to challenge the
authority of the State to amend, alter and bring into force new rules
relating to even an existing post. The respondents have submitted that the
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Notification published to fill up the vacancies of the Group 'B' post of
Rajbhasa Adhikari in South East Central Railways was no more in
existence w.e.f. 28.04.2020, i.e. either on the date of written examination
or on the date of empanelment. The decision of the Railway Board
communicated vide letter dated 19.02.2021 is a conscious decision as no
selection can be made for posts which were not in existence or for which
no notification has been published. The Railway Board’s letter dated
07.04.2021 is for uniform application of policy. The show cause notice
has been given affording an opportunity to the applicants to put forth their
explanation in their support and controvert the proposed action. They have
relied on the judgment of the Hon’ble Apex Court in the case of
Ahmedabad Municipal Corporation vs. Nawab Khan Gulab Khan &
Ors, AIR 1997 SC 152, which opines that before passing the order of
reversion, principles of natural justice should have been followed. The
Railway Board was apprised of the circumstances under which the
promotion were carried out for non-existing posts. These have also been
brought out in the show cause notice. Hence, the action taken by the
respondent no. 2 is in line with the letter dated 19.02.2021 (Annexure A/4)
of the Railway Board directing for corrective action.
4. The applicants have filed rejoinder wherein they have reiterated
the earlier facts. They further submitted that they had sought information
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under Right To Information Act. In reply to the same, Respondent no. 1
has submitted that the draft recruitment rules of the official language
department of the Indian Railways were uploaded on the official website
of Railway on 13.07.2021 seeking comments from stake holders. These
were subsequently submitted online on the UPSC's portal on 02.02.2022.
After approval from UPSC, it will be sent to Ministry of law and justice
for vetting. However, from the above information received from
Respondent no. 1, it is evident that no amendment in the rules had been
carried out. Therefore, the contention of the respondents that the group B
posts are not in existence is misplaced. A copy of information obtained
under Right to Information Act dated 01.11.2022 and application under
RTI dated 11.05.2022 is marked as Annexure RJ/2.
5. The respondents have filed M.A./1421/2023 to bring additional
documents on record. Estt Rule 123/2023 which contains the Indian
Railways Official Language Department (Group ‘A’ posts) Recruitment
Rules 2023 have been placed on record (Annexure R/3).
6. Applicants have filed an M.A. 1175/2024 wherein a copy of the
order of CAT, Kolkata Bench, subsequently upheld by the Calcutta High
Court and thereafter by the Hon’ble Supreme Court has been placed on
record.
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7. We have considered the matter, heard both the counsels and
perused the pleadings, documents on records as well as the case laws
relied upon by both the counsels.
8. We observe that by way of order dated 29.05.2023, passed in
O.A.350/1210/2021 and O.A./350/1209/2021, the Kolkata Bench of this
Tribunal has dealt with an identical issue and has opined in para no. 8 & 9
of the order as follows:
“8. Para 7 of RBE 53/2019 dated 19.3.2019 is quoted below:
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE No. 53/2019
New Delhi, dt: 19/03/2019
No. E/GP)2018/2/31
The General Managers (P),
All Indian Railways and Production Units
(Kind attn.: PCPOs/Dy. CPO(G))
Sub: Introdution of 100% Objective type Multiple
Choice Questions in the written examinations held
as part Or Selections and Pre-qualifying
Examination (PE) In LDCEs for promotion from
Group 'C' to Group 'B' Posts.
Xxxxxxx
7. Any selection/LDCE which has already been notified should be
concluded as per the existing instructions only aud the new instructions
would apply for those Selections/LDCEs which are notified after the
date of issue of these instructions.
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Xxxxxxx
Sd/-
(Meenakshi Saluja)
Dy. Director, Estt. (GP)-III
Railway Board"
9. We are, however, of the view that since the applicant was
promoted to Gr. ‘B’ post of Rajbhasha Adhikari on the basis of
existing rules and after following a process which lasted for nearly
one year it would not be proper to revert her to her lower substantive
post. Moreover, this would also be against the principles of fairness
and equity.
10. In view of this, Order No. 30.07.2021 is quashed and set aside.
Accordingly, the impugned order was quashed by the coordinate
Kolkata Bench of this Tribunal.
9. The said order of coordinate Bench of this Tribunal has been
upheld by the Hon’ble High Court of Kolkata on an appeal by the
respondents, in W.P. CT 227/2023 wherein the Hon’ble High Court has
held as follows:
“Indisputably, by a memo dated 25th June, 2019, competent
authority decided to initiate the Group a celertion for the post of
Rajbhasha Adhikary for filling up of 02 unreserved vacancies, as
intimated by Deputy CPO (Gaz)/ GRC vide letter dated 21st June,
2019, The respondent applied and he was called for a written test on
29th November, 2019 and a via voce test on gth July, 2020. Having
emerged to be successful in the selection process he was promoted to
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the Group B post by a memo dated 22nd July, 2020 and was allowed
to join on 24th July, 2020. The new recruitment rules came into effect
more than 2 years after the respondent was promoted and allowed to
join the post of Rajbhasha Adhikary.
The contention of the petitioners that the post of Rajbhasha Adhikary
(Group B) has been abolished, had been rightly discounted by the
learned Tribunal as from the memo dated 28" April, 2020 it was
evident that there was a revision of pay structure and not abolition of
post. The new recruitment rules also came into effect much after the
respondent was selected and allowed to join the concerned post. In
view thereof, the respondent ought not to have been reverted moreso
when there was no laches on the part of the said respondent.
The learned Tribunal by a reasoned order exercised discretion in
favour of the respondent upon arriving at specific findings and we do
not find any error, least to say any patent error of law in the order
impugned.
For the reasons discussed above, the writ petition is dismissed.
There shall, however, be no order as to costs.”
10. The order of the Hon’ble High Court of Kolkata has been upheld
by Hon’ble Apex Court in SLP No. 13406/2024 decided on 26.06.2024.
The Hon’ble Apex Court has dismissed the SLP with the observation ‘as
no grounds for interference was made out in exercise of jurisdiction under
Article 136 of the Constitution of India.’
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11. Since the issue stands settled both by Hon’ble High Court of
Calcutta and also upheld by the Apex Court, we allow similar relief to the
applicants. We further direct the respondents to allow the applicants to
continue to work on the post of Rajbhasha Adhikari PB-2 + GP Rs. 4800/-
(Level 8). The show cause notice dated 28.05.2021 (Annexure A/2) is set
aside.
12. Accordingly, this Original Application is disposed on the
aforesaid terms. No order as to costs.
(MallikaArya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
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