Central Administrative Tribunal - Jodhpur
Bhagwan Lal Meena Son Of Shri Chatra vs Union Of India Through The General ... on 23 May, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00169/2017
Jodhpur, this the 23rd day of May, 2017
CORAM
Honble Ms. Jasmine Ahmed, Judicial Member
Honble Ms Praveen Mahajan, Admn. Member
Bhagwan Lal Meena son of Shri Chatra, aged about 25 years, resident of Village Kerpura, Post Dingari, Tehsil Sarada, District Udaipur (Raj.) Presently working as Track Maintainer-IV, under the Assistant Divisional Engineer, Dungarpur, North Western Railway, Ajmer Division (Raj.).
.Applicant
By Advocate: Mr Deepak Nehra
Versus
1. Union of India through the General Manager, HQ Office, North Western Railway, Malviya Nagar, Near Jawahar Circle, Jaipur-17.
2. The Divisional Railway Manager (Estt.), North Western Railway, Ajmer Division, Ajmer.
..Respondents
ORDER (Oral)
Per Ms. Jasmine Ahmed, J.M. It is the contention of Counsel for applicant that in the event of closure of Himmat Nagar and Bari Sadari sections for changing the track from meter gauge to broad gauge, the applicant was to be adjusted for posting as per the name notings and in this regard the choice/option form was submitted by the applicant for new posting. It is also contended by Counsel for the applicant that in this regard, the respondent No. 2 passed an order dated 17.01.2017 directing the Assistant Divisional Engineer of Dungarpur and Rana Pratap Nagar to forward the list of Track Maintainers Grade-I, II, III and IV in order of their seniority along with their option forms/representations for selecting new places of posting. In response to the aforesaid letter, the applicant submitted his option/choice for his posting. It is the contention of Counsel for the applicant that the Senior Section Engineer (Pathway), North Western Railway, Udaipur City issued a list dated 28.01.2017 after taking note of name notings and the option/choice, submitted by the concerned employee. Counsel for the applicant states that in this list, names of all the employees were placed in order of their seniority while showing the place for which the employee has submitted his name notings as well as choice and option of the railway station for his fresh posting. But, without adhering to the name notings and the option/choice, submitted by the applicant, the respondent No. 2 has passed the impugned order dated 05.05.2017 wherein the applicant has been transferred/ posted at Abu Road station instead of posting him amongst the options, submitted by him. It is also the contention of Counsel for the applicant that there are vacancies where the applicant is presently working and the applicant gave option for retaining him at the same place but in an arbitrary manner, not following the seniority list also, the respondents have taken the decision of transferring him at Abu Road station, which is illegal.
2. Heard the contentions of Counsel for the applicant and perused the documents on record.
3. It is stated by Counsel for the applicant that the applicant gave option for his fresh/new posting but without adhering to that, the respondents have posted him at Abu Road station. At this stage, Counsel for the applicant also states that the applicant may be permitted to prefer a detailed representation stating all his personal grievances.
4. In view of the above facts and statement of applicants counsel, the applicant is directed to file a fresh/new representation within three days from the date of receipt of a certified copy of this order. On receiving the representation, so preferred by the applicant, the respondents are directed to decide the same within fifteen days from the date of receipt of fresh representation. As the Counsel for applicant has contended, at bar, that the applicant is still not being relieved, the respondents are directed not to relieve the applicant till the disposal of his fresh representation.
5. With the above said directions, O.A. stands disposed of. It is made clear that we have not commented anything on the merits of case. No cost.
[Ms. Praveen Mahajan] [Ms. Jasmine Ahmed]
Administrative Member Judicial Member
/M.M/
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