C.D. James vs Union Of India & Ors

K. Haripal, Member J

On the date of filing the Original Application, the applicant was Technician Grade-I in the office of the Senior Section Engineer (TRD/Electrical) in Trivandrum Division of Southern Railway. According to him, after doing cadre restructuring in 2016, the number of posts of Senior Technician in Level-6 has risen from 22 to 39. In other words, 17 additional posts were created. However, by Annexure-A2 order dated 25.01.2018 only 14 persons (12+2) were promoted as Senior Technician, next person to be promoted is the applicant. But, he has not been considered for promotion. According to him, considerable number of posts are remaining vacant. Non-consideration of his promotion as Senior Technician is illegal, arbitrary and unjust. Though 17 posts were created under Annexure-A1 by cadre restructuring, the applicant, who belongs to Scheduled Tribe community, is eligible to be considered against one of the unfilled vacancies applying the reservation roster; he is entitled to get all consequential benefits.

According to him, if he is not senior enough to be considered against a restructured vacancy, is 'entitled to be considered against the existing vacancies to which Sri.Arvind S Nair and Sri.Johnson John were promoted through Annexure-A2 order by adjusting them against restructured vacancies'. He is the immediate junior to both Arvind S Nair and Johnson. Therefore, he is entitled to be considered. Thus he has approached the Tribunal seeking a declaration that 'he is entitled to be considered for promotion to the post of Senior Technician against the restructured vacancies or atleast against one of the vacancies existing as on the issuance of the Annexure-A2 order, with all consequential benefits and to direct the respondents accordingly'.

We heard Sri.Martin G Thottan, learned counsel for the applicant as well as Smt.Girija K Gopal, learned counsel for the respondents.

Sri.Martin G Thottan, learned counsel for the applicant submitted that the applicant has entered in service as Gangman in 1997 and after 21 years of service still he is working as Technician Grade-I in TRD branch. He has completed the residency period and is entitled to be promoted as Senior Technician and non-granting of promotion, despite there are vacancies after cadre restructuring, is illegal.

The respondents have disputed the contentions of the applicant. It is true that restructuring was done as found in Annexure-A1. But the applicant has approached the Tribunal on trial basis. From the prayer of the applicant itself it is evident that he is not sure of his entitlement whether he is entitled for promotion on restructuring or against the resultant vacancy.

According to the respondents, number of posts of Senior Technician was increased to 39 with break up of six Scheduled Caste posts and three Scheduled Tribe posts. Out of the three posts reserved for Scheduled Tribes, as per roster point, already there are two Scheduled Tribes occupying the post, balance one ST post was filled by giving promotion to Sri.Johnson John as seen in Annexure-A2. No one has a right to be promoted and the right to have a chance of promotion is not protected. Moreover, it is the settled proposition that the employer has a right not to fill up vacancies.

Further, it was submitted that, due to restructuring, the process of pin-pointing was carried out. In order to complete the process, vacancies existed at the relevant point of time was not filled up. The process of pin- pointing is necessary for identifying the places where posting of additional staff and reduction of staff are required. After pin-pointing, as per Annexure- R2, the applicant has already been promoted as Senior Technician and therefore, the O.A. is sought to be dismissed.

Learned Standing Counsel has reiterated the contentions in the reply. According to Smt.Girija K. Gopal, on restructuring, number of posts were identified, identification of vacancies took time, because of the time taken for pin-pointing, grant of promotion to the applicant was delayed for some time. Now he has been promoted against an unreserved vacancy only. According to learned Standing Counsel, since all the three posts reserved for Scheduled Tribes were already filled up, he has been posted against unreserved vacancy.

After hearing counsel on both sides, we are convinced that the applicant is not entitled to get any relief. Firstly, after the filing of the O.A. the applicant has already been promoted as Senior Technician with effect from 06.07.2019, thus the O.A. has become redundant and is liable to be dismissed on that ground alone.

Secondly, he has no case that his seniority was over looked by any of the Technician Grade-I. When Annexure-A1 was issued, 17 additional posts of Senior Technician were created, but it could not have been filled up immediately. Even otherwise, it is the prerogative of the employer whether the entire vacancies should be filled up. Here, it is pointed out, which is convincing, that after passing the order of restructuring, the process of pin- pointing was undertaken, that took some time, so the additional posts created on restructuring could not have been filled up immediately. As and when the pin-pointing process was completed, the applicant was given promotion as seen in Annexure-R2.

Moreover, he has submitted an additional ground in the O.A., which is absent in Annexure-A3 representation, where he had no case that the reservation roster was violated. In fact the respondents have submitted that after restructuring, number of posts of Senior Technician in ST category was three, there were already two in place and the third post was filled up by promoting Sri. Johnson John, his senior, as seen in Annexure-A2. Therefore, the applicant could not have staked a claim over the third post.

To sum up, the respondents have not infringed any rule or standing instruction or reservation roster; now the applicant stands promoted as Senior Technician from 2019 onwards. The O.A. is bereft of merits and is dismissed. No costs.

(Dated, this the 10th day of April, 2026)