1 OA.NO.170/00200/2017 CAT,Bangalore CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH ORIGINAL APPLICATION NO.170/00200 /2017 DATED THIS THE 21st DAY OF AUGUST, 2018 HON'BLE SHRI DR. K.B. SURESH, MEMBER (J) HON'BLE SHRI CV.SANKAR MEMBER (A) 1. Dinesh Kumar, S/o Bindeshwar Bhagat, Aged about 31 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a 1st Main, 1st Cross, Kesva Nagar, Patel Street, Harihar. 2. Sandeep Kumar Thakur, S/o Gautam Kumar Thakur, Aged about 41 years, Working as Loco Pilot Goods, South Western Railway, Sakleshpur, Residing at Railway Quarters No.15/C, Sakaleshpur, Hassan District, PIN:573 134. 3. Ambuj Kumar Mandal, S/o Sanatan Mandal, Aged about 39 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a 1st Main, 1st Cross, Keshva Nagar, Harihar. 4. Lekkala Demullu, S/o L. Sriramulu, Aged about 41 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a Near Health Unit, Harihar-577 601. 2 OA.NO.170/00200/2017 CAT,Bangalore 5. P.Venkata Seshaiah, S/o late P.Seenaiah, Aged about 36 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a Behind Police Quarters, Mahalingappa House, Mahalingappa Layout, Harihar-577 601. 6. Ramanuj Pal, S/o Sidheshwar Prasad Pal, Aged about 39 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a Room No.13, 2nd Floor, Vikash Nilaya, Vijaynagar, 1st Main, 1st Cross, Harihar. 7. Adwaita Prasad Senapathy, S/o Khagendra Nath Senapati, Aged about 37 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a Bhargavbi Nivas, 3406/3220/3406, 2nd Main, 10th Cross, Vijaya Nagar Extension, Harihar-577 601. 8. Shailendra Kumar, S/o late Basudev Mandal, Aged about 37 years, Working as Loco Pilot Goods, South Western Railway, Harihar, R/a Behind Railway Running Room, Harihar-577 602. APPLICANTS (By Shri B.S. Venkatesh Kumar,..... Advocate) vs. 1. Union of India represented by General Manager, South Western Railway, Headquarters Office, Gadag Road, Hubli-580 020 2. Senior Divisional Personnel Officer, South Western Railway, 3 OA.NO.170/00200/2017 CAT,Bangalore Mysore Division, Mysore-570 021. 3. Divisional Personnel Officer/Mys Divisional Office, Mysore Division, South Western Railway, Mysore. 4. Railway Board represented by its Chairman, Ministry of Railways, Rail Bhavan, New Delhi-110 001. 5. Surendra Kumhare, S/o Makhanala Kumhare, Aged about 41 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 6. Santosh Kumar Dalai, S/o Adikanda Dalai, Aged about 36 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 7. Sarat Kumar Mallick, S/o Chaitanya Mallick, Aged about 35 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, South Western Railway, Harihar. 8. Chandrasekhar Madar, S/o Satyappa, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, South Western Railway, Harihar. 9 Ravindra Kumar, S/o Bachu Singh, Aged about 39 years, Working as Loco Pilot (Goods), 4 OA.NO.170/00200/2017 CAT,Bangalore O/o CCRC, Sakleshpur Depot, South Western Railway, Sakleshpur. 10. Suresh Kumar, R, S/o Raghavan, N, Aged about 46 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, South Western Railway, Harihar. 11 Chandraprakash, S/o Gyan Das, Aged about 37 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere 12 Bisheshwer Kumar, Father’s name not known, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, South Western Railway, Harihar. 13 Dharmendar Pal, Father’s name not known, Aged about 37 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere 14 Ajai Kumar, Father’s name not known, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere 15 R. Mahesh, S/o R. Dhananjay, Aged about 35 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, 5 OA.NO.170/00200/2017 CAT,Bangalore South Western Railway, Harihar. 16. Sunil Xalxo, S/o Peter, Aged about 34 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 17. Surendra Kumar Varma, Father’s name not known, Aged about 36 years, Working as Loco Pilot (Goods), O/o CCRC, Sakleshpur Depot, South Western Railway, Sakleshpur 18 Ramraj Meena, S/o Meetha Lal Meena, Aged about 42 years, Working as Loco Pilot (Goods), O/o CCRC, Harihar Depot, South Western Railway, Harihar. 19. Rajeev Oraon, Father’s name not known, Aged about 32 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 20. K. Kesavan, S/o D. Krishnan, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 21. S. Balamurugan, Father’s name not known, Aged about 35 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, 6 OA.NO.170/00200/2017 CAT,Bangalore Arsikere. 22. S. Bhaskar, S/o G.Sargunam, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 23. Mopuri Kishore, S/o M. Venkataramana, Aged about 38 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere. 24. Aman Kumar, Father’s name not known, Aged about 34 years, Working as Loco Pilot (Goods), O/o CCRC, Sakleshpur Depot, South Western Railway, Sakleshpur. 25. Netram Meena, Father’s name not known, Aged about 36 years, Working as Loco Pilot (Goods), O/o CCRC, Arsikere Depot, South Western Railway, Arsikere . 26 Dimple Kumar Meena, Father’s name not known, Aged about 33 years, Working as Loco Pilot (Goods), O/o CCRC, Chickjajur Depot, South Western Railway, Chickjajur. RESPONDENTS (By Shri J.Bhaskar Reddy, Railway Standing Counsel for R1to4) 7 OA.NO.170/00200/2017 CAT,Bangalore ORDER (ORAL) DR. K.B. SURESH, MEMBER (J): 1. Heard. This matter is covered by Nagraj judgement and Sabarwal judgement and the matters now being adjudicated by the Hon'ble Apex Court in its Constitution Bench. It will be judicial impropriety for us to adjudicate this matter right now as the Hon'ble Apex Court is deciding the question of reservation following Nagaraju judgement. Therefore, we will pass an conditional order today. As regards the question of reservation this matter is now disposed of holding that that question will be left open till the Hon'ble Apex Court enters a finality and in the interregnum the respondents can pass an order in accordance with the law of the land subject to the result of the Hon'ble Apex Court judgement to be rendered soon. But, then if at all anybody is granted any benefit it will be the specific understanding that this will be subject to the Hon'ble Apex Court judgement and will without any other follow up procedure will be adjusted against the effect of that judgement and only on this specific undertaking such benefit shall be given out to any party. 2. But at the same time since the other questions are unrelated to reservation and also lying in it which we will now give liberty to the applicants to agitate that matter further in another proceeding without the issue of reservation. As the reservation issue will be decided by the Constitution Bench of the Hon'ble Apex Court only and we will only follow it up blindly. 8 OA.NO.170/00200/2017 CAT,Bangalore 3. This OA is now disposed off with the above direction. No order as to costs. (CV.SANKAR) (DR. K.B. SURESH) MEMBER (A) MEMBER (J) bk 9 OA.NO.170/00200/2017 CAT,Bangalore Annexures referred to by the applicant in OA No. 200 /2017 Annexure A1: Copy of seniority list of ALPs dated 22.1.2016 AnnexureA-2 Copy of seniority list of Sr.ALPs dated 22.11.2016 AnnexureA-3 Copy of representation of first applicant dt.4.12.2006 AnnexureA-4 Copy of reply dated 3.1.2017 sent by 2nd respondent AnnexureA-5 Copy of seniority list of LP Goods dated 17.2.2017 AnnexureA-6 Copy of representation of 1st applicant dt.26.2.2017 Annexure A-7 Copy of representation of 6th applicant dt.26.2.2017 AnnexureA-8 Copy of representation of 2nd applicant dt.8.3.2017 AnnexureA-9 Copy of representation of 1st applicant dt.27.3.2017 AnnexureA10 Copy of representation of 3rd applicant dt.27.3.2017 AnnexureA11 Copy of representation of 4th applicant dt.27.3.2017 AnnexureA12 Copy of representation of 6th applicant dt.29.3.2017 AnnexureA13 Copy of crew distribution chart of Harihar depot AnnexureA14 Copy of letter dated 21.2.2016 from Northern Railway Ordering promotions to be made as per general seniority without resorting to SC/ST reservation Annexures referred to by the respondents in reply Annexure R1: Copy of RBE 128/2002 Annexure R2:Copy of the Railway Board letter dated 1.9.2010 Annexure R3: Copy of the DoP&T letter dated 29.3.2007 Annexure R4: Copy of the Railway Board letter dated 29.5.2007 Annexure R5: Copy of the SWR Mysuru letter dated 26.4.2017 Annexure R6: Copy of the Railway Board letter dated 30.9.2016 Annexure R7: Copy of the SWR Mysuru letter dated 21.4.2017 bk. 10 OA.NO.170/00200/2017 CAT,Bangalore .