Central Administrative Tribunal - Kolkata
Pacha Das Alias Mohan Das vs Eastern Railway on 3 May, 2018
1 CENTRAL CALCUTrA BENCH LI R7AIFY W j/1 No. OA 350/1595/2017 Date of order: 3.5.2018 Present: Hon'bie Ms. Man.juia Das, Judicial Member PACHA DAS @ MOHAN DAS 5/0 late Rishilal Das Viii- Ramchandrapur, P0- Diamond Harbour, PS - Diamond harbour, Dist. - South 24 Parganas, pin -743331.
APPLICANT
VERS \\nistr CItI
1. Uniojiofindia, through The Secretaty, Mitiitry of Railways, i Bhaw .\\ I iiX t 2 The sr/AUWffid \ Easterh1!RflaY, SeaiddlrDivisio, C Kolka2 TheGen&r tn ger Eastern Railway,f ._/ Fairly Piac4e\ I / '< r / \.#'%. i The Sr. DivisiOnal Commercial Manar, 'Eastern Rkilwy, èediviiofl1 ata - 700009- K6lk
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The Statio.tl Manáget, 4 Diamond Harbour Railway Stationr Eastern Rai1wa37 Sealdah Division,. . T 3 Diamond Harbour, PC - Diamond Harbour, PS - Diamond Harbour, -.
Dist. - South 24 Parganas, Pin-743331.
The Joint Director, Railway Board, Rail Bhawan, New Delhi- 110001.
Saifuddin Fakir, 5/o Late Alauddin Fakir.
8. Kanai Mondal, S/o Late Nemai Mondal, Both of Viii- Ramchandrapur, P0- Diamond Harbour, PS - Diamond Harbour, Dist. - South 24 Parganas, pin -743331.
9. Sri Dukhiram Mondal, 5/0 late Manik Mondal, Viii - Kalinagar, P0 - Diamond Harbour, PS - Diamond Harbour, Dist. - South 24 Parganas, Pin -743331.
lO,Sri Mondal Mondal,, S/o Late Nemai Mond Vili - RaynqgârP P0 _4jiarnoM'l4arbour, re11 "
PS -viamond Harbour, -
DistSoUth 24 argiFrâs
Piri!743331
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i'tEri Badal.Gh h,
I(JS/o Latte aG
Viii- Raynaga,
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• '12.Sri Biswaji.D s,
.- S/o Late Dflafl)OY' a,
Viil-RaynaäL.
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PS 7DIamÔMM-larbour,
:bistt,Soth/4 Parganas, in . .RESP0NDENT '4-i'1 '' 1 A For the applicant : 'Mr.A.N.SEh7C0Ufl For the respondents: Mr.P.B.Mukheriee, counsel ORDER(ORALI Per Ms. Maniula Das, Judicial Member % Mr.A.N.Sen, id. Counsel appeared for the applicant and Mr.P.B. Mukherjee, Id. Counsci appeared for the respondents.
2. By making this OA the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, seeking the following reliefs: 7
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a) An order directing the respondents to consider the application and pay equal salary for equal work and for similar qualification;
b) An order commanding the respondents, their agents, subordinates to produce and/or caused to be produced the records of the case before this Hon'ble Tribunal, so that conscionable justice may be done by quashing and/or granting the prayer of applicant;
An order commanding the private respondents to produce private respondents original lath pass qualification certificates. To make the absolute, if appropriate authority fail to show sufficient cause.
Any other or further order or orders as to your Lordships and/or the Hon'ble Court or Tribunal; may deem fit and proper.
3. The brief facts of the case as narrated by the applicant is that the applicant is a licence porter under the Eastern Railway, Sealdah Division. He lost his porter badge No. 1735 on 2.6t!2d08,and aftdi searching for some days lodged a diary before tHt Diamond Harbour PS 6nf30,5,2008. The applicant A' informed the matter'tdthe Station MiWgerDiamond Hour Railway Station V It with a prayer. for getting nt* metaltbadge/against the lost melal badge, who in ern\Railway;
turn submitd a reporlft r. c1IPF rciainager,
C fl
ppiar
Sealdah Division enclosing allith;papers Emit& byhe intludin{
the copy Zhe GD en!)' atiDiaffi6i*i FlB üt'PSfQz tafffrig suitablactiOn.
aI bivisional personnel afficer, Theapplicant further st4tè a t O4ected the aitanl along Sealdab Division by hi' er4id t7.
with other 31 persdc appe re eSetimmittee on 15.2008 I . r/'\ for the purpose. ofScreenin est. The applicant ap earçd with all /apers and documents but ' uld ot pr ucethe.badgtCjr on' thy(pPliLt preferred s' application to Sr. DCM'on 10.3.
1 2009 and to Sr. DPQ4n 261 .2010 reiterating get any response.
his prayer for getting a Being aggrieved the applicant moved this Tribunal in OA 752/2011 which was disposed of on 6.6.20 12 with a direction upon the respondent No.2 to consider the representation of the applicant dated 26.7.20 10 and pass necessary orders.
After the order of this Tribunal the applicant was appointed as Lineman on 20.2.2014. Now his grievance is that private respondents are getting higher salary and other benefits for similar work, whereas the applicant is deprived of such benefit. The applicant has preferred a representation dated 2.8.2017 which is still pending before the respondent authorities. Hence the applicant has approached this Tribunal in the present OA.
Mr.Sen, ld. Counsel for the applicant at this stage prays for a direction upon the respondent authorities to consider and dispose of the representation preferred by the applicant dated 2.8,2017 within a specific time frame. IA.
Counsel for the respondents has no objection if such prayer is allowed.
1 have heard both the ld. Counsels and perused the pleadings and materials placed before us.
By accepting the prayer made by the id. Counsel for the applicant and without going into the merits of the t se3 4 hereby dispose of the present OA with a direction upoñ'the respondent authorities to co L a.
Nand, dispose of the representation pref&red by_tfieajiiantV date&2.8.2017 within a period of three months from the date of receipt of the copy of this order 6 and pass a f... f ,J,\ reasoned and speaking brder'The decision be coffithunicated to jflk7*
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\-* .1:, the applicant forthwit With' the above observationrand dirt mds dised of. No C! order as to âosts.
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LJLA DAS)
MEMBER
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