✦ High Court of India · 29 Dec 2025

1 Potphode Kiran fgjargm v. 1. Union of lndia

Case Details High Court of India · 29 Dec 2025
Court
High Court of India
Decided
29 Dec 2025
Length
1,692 words

6. Nitin Pertel, S/o Shri Narayan, Aged 31 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Puma R.S., Nanded Division, South Central Railway, Maharashtra State, R/o 591 N/851, Brij Vihari, Telibagh, Lucknow, Uttar Pradesh State.

7. Pawar {iachin Govind, S/o Govind, Aged 32 years, Occ. Assistant Loco Pilot, O/o Chief Crew Conkoller, Puma R.S., Nanded Division, South Central Railway, Maharashtra State, R/o Malegaon, Gangakhed, Dist-Parbhani, Maharashka State. B. Pawar l-awar, S/o Chunni Lal, Aged 31 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Aurangabad R.S., Nanded Division, South Central Railway Maharashtra State, R/o Chandpur, Dist-Faridabad, Haryana.

9. Lakde Rahul Madhukarrao, S/o LakdeMadhukarrao, Aged 32 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Puma R.S., Nanded Division, South Central Railway, Maharashtra State, R/o 840, Radhai Nivas, Shri Ram Nagar, Floregaon Road, Parbhani, Maharashtra.

10.Ajay Yadav, S/o Ratan Singh, Aged 31 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Purna R.S., Nanded Division, South Central Railway, Maharas,htra State, R/o Mechana Tehsil, Farukhnagar, Gurugram, Haryana State. 1 1 . Shailesh Vishwakarma, S/o Shiv Kr. Vishwakarma, Aged 23 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller,Purna R.S., Nanded Division, South C)entral Railway, Maharashtra State, R/o Chhanchata, Bhikhpur, Jaunpur, Uttar Pradesh State.

12.Gaike Samadhan Bhanudas, S/o Bhanudas, Aged 29 years, Occ. Assistant Loco Pikrt, O/o Chief Crew Controller, Puma R.S., Nanded Division, South Central Railway, Maharashtra State, R/o Shuklatirth, Laimgon, Manjal, Dist- Beed, Maharashtra.

13. lndraprata Pilot, O/cr p Yadav, S/o Bharat Yadav, Aged 30 years, Occ. Assistant Loco Chief Crew Controller, Puma R.S., Nanded Division, South Cenhal Railway, Maharashtra State, R/o Village Hathnura Kala, Plo Loniadeeh, Azamgarh Dist, Uttar Pradesh State.

14.Ankit RajVerma, S/o Ramsharan Prasad, Aged 27 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Puma R.S., Nanded Division, South Central Railway, Maharashtra State, R/o Linepar, Mirzapur, Near Surya Mandir, Naweda, Bihar State.

15.Navin Kumar, S/o Rajendra Prasad Sah, Aged 28 years, Occ. Assistant Loco Pilot, O/o Chief Crew Controller, Purna R.S., Nanded Division, South Central Railway, Maharashtra State, R/o Mahavir Chowk, Kasba, Purnia, Bihar. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the , circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari, calling for the records relating to the interim order dated 22-Og- 2023 passed by the Central Administrative Tribunal, Hyderabad Bench in O.A. No. 533 of 2023, and quash the same as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of lndia, and consequently direct .the respondent authorities to give effect to the select list dated 18-08-2023 and the consequential office order dated 21-09-2023 and permit promotions to the post of Senior Assistant Loco Pilot, pending disposal of O.A. No. 533 of 2023. lA NO: 2 OF 2025 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of interim order dated 22-09-2023 passed by the Central Administrative Tribunal, Hyderabad Bench in O.A. No. 533 of 2023on the file of the Central Administrative Tribunal, Hyderabad Bench, till pending disposal of the present writ petition. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directions to directing the respondent authorities to give effect to the select list dated 18-08-2023 and the consequential office order dated 21t}gl2125 and to permit and process promotions to the post of Senior Assistant Loco Pilot, pending disposal of O.A. No. 533 of 2023 on the file of the Central Adminiskative Tribunal, Hyderabad B,ench. Counsel for the Petitioners: SRI SHREYAS GACCHE, REPRESENTING SRI G. DINESH PATIL Counsel for the Respondents No.l to 4: SRI N. BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA Counsel for tihe Respondent Nos.s to 15: - The Gourt made the following: ORDER i-, I i 1t T I I I IN THE HIGH COURT FOR THE STATB OF TELANGANA AT HYDBRABAD THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH ANI) THE HON'BLE SRI JUSTICE G.M.MOHTUDDIN WRIT PETITION No.39665 of 2025 Dated:29.L2.2025 Between: Potphode Kiran Rajaram and l0 others. Union of India, Rep.by the Secretary, Ministry of Railways (Railway Board), New Delhi, and 14 others. Petitioners Respondents ORDER: Learned counsel Sri Shreyas Gacche, representing learned counsel Sri G.Dinesh Patil, appears for the petitiohers. 2 tlri N.Bhujanga Rao, learned Deputy solicitor General of lndia, appears for Union of India.

2. Fleard learned counsel for the parties.

3. By the impugned interim order dated 22.09.2023 passed in o.A.No.533 of 2023, the leamed central Adminisrrative Tribunal, Hyderabad (Telangana) (hereinafter referred to as, "the Tribunal"), has suspendt:d the operation of the provisional select list dated 18.0g.2023 and the consequential office order dated 21.09.2023.

4. The petitioners were not parties in the said proceedings, but clainr to be affc:cted as it resulted in halting the promotion to the post of Senior Assistant, Loco Pilot. The petitioners have also filed an imptead application and a stay vacate petition before the learned rribunal.

5. I-eamed Deputy Solicitor General of tndia submits thar rhe responderrt - Union of India, has also filed a stay vacate petition in the original Application which is pending for consideration before the learned Tribunal.

6. [n this background, learned counsel for the petitioners has sought to persuacie us to vacate the impugned interim order after noticc and , 3 Tg{ I I i ; .\ \ hearing the parties. The petitioners have not been able to explain as to why the impugned interim order dated 22.09.2023 which resulted in halting the promotion to the post of Senior Assistant Loco Pilot has been challenged after more than two years and three months by way of the \ \ present writ petition.

7. Having regard to the facts and circumstances indicated above, we are of the considered view that since the main matter is pending before the learned Tribunal and both the Union of tndia and the petitioners, who have sought impleadment, have hled vacate stay petitions, it would not be proper to interfere in the irnpugned order passed at an interim stage. The affected parties, including the petitioners, are at liberty to press their stay vacate petitions before the learned Tribunal, rvhich may be considered in accordance with law after hearing the parties. In case such a request is made, the learned Tribunal shall endeavour to hear the stay vacate petitions at the earliest filed by the Union of tndia and also the implead petitioners.

8. The instant writ petition is accordingly dismissed. There shall be no order as to costs. 4 Nliscellaneous applications pending, ifany, shall stand closed. //TRUE COPY" SD/.A. JAYASREE STANT REG SECTION OFFICER ry, Ministry of Railways (Railway Board), Union of lndia, New To 1 The Sr:creta Delhi.

2. The Gerneral Manager, south centrar Rairway, Rair Nirayam, secunderabad. 3- The Divisional Railwav Manager, south central Railway, Nanded Division, Nanderl.

4. The Divisional Personnel officer (co-ordination), south centrar Railway, Nandecl Division. Nanded.

5. One CC to SRI c. DTNESH pATtL, Advocate [OpUC] 6. One CC to SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC] 7. Two CD Copies MP BS PP\c,. / I HIGH COURT DATED:2911212025 "( ttE 5I,T t 3 3or'lAn2o26 "l: ORDER llVP.No.39665 of 2025 DISMISSING THE WRIT PETITION COSTS rr-\rl:-6

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