The OA has been filed in regard to the promotions granted to the applicant and the 5^th respondent in the respondents organisation to different grades of track maintainer.  Applicant and the 5^th respondent who belong to the ST community, were appointed as Track Maintainer-IV in 2005 and 2007 respectively.  However, 5^th respondent was given promotion to the Grade II Track Maintainer on 17.08.2014 but not the applicant though he was senior.  On representing applicant was promoted w.e.f. 17.08.2014 to grade II but again when it came to the promotion as Track Maintainer Grade I, 5^th respondent was given promotion w.e.f. 17.08.2016, whereas the applicant was given promotion on 14.06.2019, and that too, with the intervention of the staff Unions.

2. The respondents now propose to take up promotion to the category of Junior Engineer/P.Way under 20% promotion quota and for doing so, they have issued a provisional combined seniority list of Track Maintainers Gr. I on 16.01.2020 with the cut off date as 31.03.2019. As the applicant was promoted on 14.06.2019 to grade I, his name does not figure in the seniority in view of  the  cut off date being 31.03.2019. Applicant is aggrieved that albeit he is senior his promotion has been denied from the date eligible on par with his junior and hence the OA.

3. In view of the above stated facts, learned counsel for the applicant states that the applicant may lose his chance to get promotion to the cadre of Junior Engineer in case the Tribunal does not intervene on behalf of the applicant as an interim measure by restraining the respondents to operate the combined seniority list. The main emphasis of the learned counsel for the applicant is that the applicant is senior and his promotion to grade I has to be on par with his junior, the 5^th respondent.  Grave injustice has been done to the applicant in regard to promotion to grade I track maintainer and hence prayed for stalling the operation of the seniority list to the extent of track maintainer grade –I in respect  of those who were working in the erstwhile Daulatabad – Kodi section.

4. In response, learned counsel for the respondents drew our attention to Office Order of the respondents dt. 16.10.2020 wherein at para 4, it is mentioned that omissions/corrections in regard to seniority, if any, may be brought to the notice of the respondents along with the supporting documents for taking necessary corrective action. Learned respondents counsel states that the applicant has not made any representation in this regard and therefore, he may be directed to do, so that the respondents can take appropriate action. Further, he has also contended that the Jalna and Aurangabad are two separate entities calling for separate seniority lists to be drawn up. Applicants’ counsel retorted saying that this is not true in view of the directions of the respondents vide 14.09.2018 to restore the seniority after combining the units namely Jalna and Aurangabad as one unit. Learned counsel for the respondents sought for a copy of the letter dt. 14.09.2018. Learned counsel for the applicants shall serve a copy of the said letter on the opposite side immediately.

5. After hearing both sides, it is deemed fit to direct the applicant to make a representation by referring to the letter dated 16.10.2020 of the respondents stating the different grounds on which his seniority has to be revised and as to how he is eligible for the promotion to the post of Junior Engineer with anterior date on par with the 5^th respondent, within a period of one week from the date of receipt of this order. Thereafter, respondents are given 4 weeks time to dispose of the said representation as per rules and in accordance with law.

6. In the meanwhile, as the applicant has made out a prima facie case in regard to seniority as per facts stated in the OA, the respondents are directed to keep one post of Junior Engineer/P way against 20% promotion quota vacant till the disposal of the OA by this Tribunal in respect of the challenge pertaining to seniority/promotion referred to, so that there is no irreparable damage caused to the cause of the applicant. Respondents are given 4 weeks to file the reply.

7. List the matter on 29.07.2020.