Central Administrative Tribunal - Lucknow
Yogendra Prasad Yadav vs Union Of India on 12 April, 2023
CAT, Lucknow Bench- OA No. 459/2018- Y P Yadav v. UoI & Ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
Original Application No. 332/00459/2018
Date of Order: This, the 12th day of April, 2023
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),
HON'BLE MR. DEVENDRA CHAUDHRY, MEMBER (A)
Yogendra Prasad Yadav, aged about 47 years, son of
Late Shri Kabiraj Yadav, Resident of - Village- Sairo, Post-
Bhainsa Bazar, Gorakhpur.
..Applicant
By Advocate: Shri Praveen Kumar.
VERSUS
1. Union of India through the General Manager,
Northern Railway, Baroda House, New Delhi.
2. The Chief Personnel Officer, Northern Railway, Baroda
House, New Delhi.
3. The Controller of Stores, Northern Railway, Baroda
House, New Delhi.
4. The Deputy Chief Material Manager / Depot, Northern
Railway, Alambagh, Lucknow.
.....Respondents
By Advocate: Ms. Prayagmati Gupta.
O R D E R (ORAL)
HON'BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J) Heard learned counsel for the applicant, learned counsel for the respondents and perused the records. Applicant has prayed the following relief(s):
"1. To quash the impugned order dated 10.10.2018 (contained as Annexure No. A-2 to this OA) with all consequential benefits.Page 1 of 3
CAT, Lucknow Bench- OA No. 459/2018- Y P Yadav v. UoI & Ors.
2. To quash the impugned order/list dated 13.09.2018 to the extent, it excludes the applicant (contained as Annexure No. A-2 to this OA).
3. To consider promotion of the applicant for the post of Assistant Material Manager and promote him if he qualifies the selection/examination with all consequential benefits.
4. Any other relief, which this Hon‟ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
5. Cost of the present case."
An interim order dated 14.11.2018 has been passed by this Tribunal. The operative portion of the interim order reads as under:
"In conclusion, therefore, there is no choice left with the Tribunal except to uphold the interim relief claimed by the applicant and so the orders dated 13.09.2018 and 10.06.2018 are liable to be stayed and are hereby stayed. Accordingly, the name of the applicant is directed to be included in the list of eligible candidates for participation in the departmental examination from Group „C‟ to Group „B‟. Further, one post shall be kept vacant for considering filling up by the applicant subject to the final outcome of this O.A. At the same time, it is directed that copy of this order be served on the Chairman, Railway Board, New Delhi by the Registry of this Tribunal, to take notice for action as may be deemed fit w.r.t. observations in para 6 & 7 above.
During course of the submissions, learned counsel for the respondents submitted that respondents have filed application for vacation of interim order wherein in para-6, it has been stated that in pursuance of the order dated 14.11.2018, the name of the applicant has been included in the list of eligible candidates to appear in the written examination from Group 'C' to Group 'B' from the office of respondent no. 4. Further submitted that applicant has already participated in the written examination hence, this OA has become infructuous.
Main prayer of the applicant is to quash the impugned order dated 10.10.2018 as mentioned above.
The impugned order dated 10.10.2018, which is Annexure A-2 of the OA, runs as follows:
"Northern Railway Page 2 of 3 CAT, Lucknow Bench- OA No. 459/2018- Y P Yadav v. UoI & Ors.
i= la[;k 190 bZ@p;u@ xzqi ch 30 dk;kZy;
mi eq[; lkexzh izca/kd m-js- vkyeckx y[kuÅ fnukad 10-10-2018 Jh ;ksxsUnz izlkn ;kno lh-Mh-,e-,l@vk-c-@ 10 fo'k;% AMM 30% ds in gsrq ijh{kk fnukad 30-11-2018 lanHkZ% vkidk vkosnu i= fnukad 3-10-2018 mi;qZDr lanHkZ esa lwfpr fd;k tkrk gS fd CAT/LKO ds OA la[;k 280@17 fnukad 24-08-17 ds vkns"k vuqlkj vkidh fu;qfDr bl dk;kZy; esa provisional #i ls gqbZ gSA vr% vkidks fo'k;kafdr fyf[kr ijh{kk esa 'kkfey fd;k tkuk laHko ugha gSA d`rs mi eq[; izca/kd m-js- vkyeckx y[kuÅ^^ As name of the applicant has already been included in the list of eligible candidates appearing in the written examination from Group-C to Group-B from the office of Respondent no. 4 and applicant participated in the written examination, so the impugned order dated 10.10.2018 has become automatically redundant and deserves to be quashed.
Learned counsel for the applicant conceded the aforesaid fact.
In view of above, impugned order dated 10.10.2018 is quashed. Respondents are directed to declare the result and if applicant qualifies the selection / examination then he may be promoted in accordance with rules.
IR, if any, stands vacated.
OA is disposed of accordingly.
Pending MAs, if any, stand disposed of.
(Devendra Chaudhry) (Justice Anil Kumar Ojha)
Member (A) Member (J)
JNS
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