Central Administrative Tribunal - Kolkata
Sasti Pada Majhi vs Archoelogical Survey Of India on 26 March, 2018
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL CALCUT1'A BENCH.
0. A. No. 350/ 130 2_-i 2017.
frUfl-No 3:c/7v/7 n Sasti Pada Majhi, son of late Shuban Majhi, aged about 56 years, residing at Viii. Kala Chand, P.O Bishnupur, Dist. Bankura., Pin 722 122. -I Dilip Majhi, son of late Nalin Majhi, aged about 56 years, residing at
-I Viii. KaJa Chand, P.O. Bishnupur, Dist. Bankura, Pin: 722 122.
Bhim Lohar, son of late Bhola Nath Lohar, aged about 57 years,
- .' residing at Viii Dokshin 'Mojriw' P.O. Bishnupur, Dist. Bankura, Pin 722 122.
4, Sankar Chandra Low, son of late ' Mohadeb Low, aged about 51-years, reiding at Viii. Shyamrai Bazar, P.O. Bishnupur.c.Dist. Bankura, Pin 722 122.
2Naru Lohar, son of Ananda Lohar, aged about 49 years, residing at viii. Dakshin Mogra, P.O. Bishnupur, Dist. Bankura, Pin 722 122.
Rhakan Lohar, son of late Gopal Lohar, aged about 48 years, residing at Viii. Ohowkan, P.O. Bishnupur, Dist. Bankura, Pin 722122.
Lakshman Majhi, son of late Ranjit Majhi, aged about 45 years, residing at Viii. Kala Chd, P.O. Bishnupur, Dist. Bankura, Piñ 2 I 722 122.
Bthrab Lohar, son of late Shambhu Lohar, aged about 49 years, residing at Viii. Chowkan, P.O.
-v Bishnupur, Dist. Bankura, Pin 722 122.
Jiten Lohar, son of late Dharani Lohar, aged about 46 years, ONwo mm-
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siding at Viii. Basudebpth, P.O. Drar, Dist. Bankura, Pin': 722
4. Santu Das, son of late !Kuchil is, aged about 44 years, residing Viii. Pathakpara, P.O. Bishnupur, Dist. Bankura, Pin 722 122.
Satrughna Maji, son bf late Mathur Ch. Maji, aged abdut 45 years, residing at Viii. Dighirpar, Majhipara, P.O. Bishnupur Dist. Bankura, Pin : 722 122.
Shantanu Lohar, son 11of late Gora Chand Lohar, aged abput 46 years, residing at Viii. Dakshin Mogra, , P.O. Bishnupur, Dist.
Bankura, Pin: 722 122.
Bamapada Dutta, son jof late Mohan Dutta, aged about 43 years, residing at Viii. RashtaJa P.O.
4. I Bishnupur, Dist. Bankura ) Pin 722 122.
14. Sunil Soren, son of late Gurudas Soren, aged about 45 years, residing at Viii. Sewa4 Konda, P.O. Bishnupur, Dist. Bankura, Pin 722 122.
15, Sanjib Dutta, son of late Bankim Dutta, aged about 47 years, residing at Viii. Sanka.ri Ba.zar, P.O. Bishnupu, Dist.
Bankura, Pin: 722 122.
16, Tapas M&jhi, son: of late Muruli Majhi, residing • at Vill. Kadakuli, MohapattaPaac P.O. Bishnupur, Dist. Bankiira, Pin 722 122.
17. Bulu Majhi, wife of late Nayan Majhi, aged about 40 years, residing at Viiii. Rashtala, P.O. BishnupurY Dist. Bankura, Pin 722 122.
F' £ 5 ' S
18.Rita Lohar, wife of late Susanta Lohar, aged about 38 years, residing at Viii. Dakshin Mogra , P.O. Bishnupur, Dist.
Bankura, Pin : 722 122.
Ranjan Singh, son of PUlin Behari Singh, aged about 38 years, residing at Viii. & P.O. Gogoneswar, , Dist. Paschim Midnapur, Pin :722 113.
Sajjad Biswas, son of. Tahar Biswas, aged about 34 years, residing at Mill. Ram Nagar, Gopinathpur, P.O. Kotwaly, Dist. Paschim Midnapore, Pin: 722 143.
Prasanta Mukherjee, son of Dibyendu Mukherjee, aged about 44 years, residing at Villi. Anara, iP.O, Anara, Dist. Purulia, Pin: 723 12 All the applicants. are working as Casual Labour under Irr-.
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Superintending Archeologist,
I Archeological Survey of India,
Kolkata Circle.
A13plicants.
-Vs-
Union of India through the Secretary to the Govt. of India, Ministry of Culture, Shastri Bhawan, New theihi - 110001.
The Director General, Archeological Survey of India, 11, Janpath:, New Delhi-hO 011.
The Superintending . Arche6logist, 4 Archeological Survey of India, Kolkaa ft Circle, Salt Lake City, COO Complex, . Block-DF, 4th Floor, Sector-I, Kolkata- 4-
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I 700064.
The Regional Director (astern
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?Region), Archeological Survey of India, Cuftency Building, 1; B. B. D'. Bagh, Kolkata- 700 00k _(iM'I')flS -
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Date of order: 26.03.20i8
/ No.O.A.350/1302/2017
/ M.A.350/790/2017
Coram: Hon'ble Mr. A.K. Patnaik, Judicial Member For the applicant Mr. S.K. Datta, counsel For the respondents Ms. P. Goswami, counsel 0RDER(ORAL) Mr. A.K. Patnaik, J.M. The instant O.A: has been filed by 21 applicants under Sectior? 19 of the Central Administrative Tribunals Act, 1985 praying for the following reliefs:-
"a) An order directing the respondents to consider the dase of the applicants and to regularize them and/or to absorb them onregular basis against departnental posts with effect from the dates their junjors were so absorbed and/dr regularised with all consequential benefits;
An order directing the respondents not to interfere with the service of the applicants as Casual Employees till their regularisation/regular absorption;
An orderdirecting the respondents to consider and grant the benefits of minimum pay of MTS/Group-D with allowances till regular absorption with effect frbm the dates when the applicants completeq 240 days of continuous sekvice from the date of their initial engagement; I An ordr directing the respondents to produce/cause (production of all relevant reFcords;
Any dther order orfurthet order/orders as to this Hn'ble Tribunal may seem fitand proper."
2. The applicants have also filed an M.A. No.350/790/2017 seeking permission of this Tribunal to move this O.A. jointly under Section 4(5)(a) of CA.T.(Procedure) 7 / 3.
2' Heard Mr. S.K. Datta, Id. counsel for the applicants. Ld. counsl for the respondents Mrs. P. Goswami is also present.arid heard.
Having heard both sides, the M.A. is allowed. On last occasion Yide order dated 23.03.2018 Id. counsel for the pplicants was directed by this Tribunal to pinpoint the names of 18 applicants (out of total who have preferred exhaustive representatibns to the 21 applicants in this 04.) Director General as Well, as the Regional Director of Archaeological Sunçey of India so that the other three.persofls whose names are appearing in the c4ise title of the O.A. but have not preferred representations to the authoritçes can be identified.
Today Id. counsel for the applicants submitted that the applicants appearing at SrI.No.1:,. to 18 in the cause title of the O.A. have preferred representations to the authorities on 29.01.2016 followed by representations dated 05.07.2016 and 2205.2017(AnnexUre A/3). Therefore, the bther three applicants appearing at SrI.No.19 to .21 of Cause Title of the O.A. are heard cX pa rte.
A. as narrated by the Id. counsel for the The sum and sãbstance of the 0.
applicants are that all these applicants are working as casual employees under r chaeological Survey of India. It is superintending Archaeologist, Kolkata Circle, A submitted by the Id.H counsel fo the applicants that the applicants have been working for a long time, but they have not been thnsidered for regUlarisation of their services and/or regular absorption though they have been disqharging their duties on regular bsts. It is further submitted by the Id. counsel for the regularised/regularly absrbed as MTS, applicants that sbm of their juniors were I 3 I but thier case was not considered for regularisation. Ld. counsel for the applicants submitted that the applicants No.1 to 18 made representati4rns to the Respondent Nos.3 ,4 and 2 on 29.01.2016, 05.07.2016 and 2.05.2017 respectively(Annexure A/3) ventilating their grievances, but no reply has been received from the respondents tilt date.
8. Ld. counsel for the applicants submitted that the applicants(Nb.1 to 18) would be satisfied for the present if a direction .is issued to the Respondent No.2 i.e. the Director GenerI, ArchaeoIogicl Survey of India, New Delhi to consider representation of the applicants dated and dispose of the last 22.05.2017(Annexure A/3, page 33 & 34 of the O.A.) by passing a well reasoned order as per rules and regulations governing the field within a specific time frame.
9. Right to know the result of the representation that too at the earliest &pportunity is a part ofcompIiance. of principles of natural justice. The, employer is also duty bound to look to the grievance of the employee and respond to him in a suitable manner, witlout any delay. In the instant case, as it appers, though 1 the applicant submittØd representations to the authorities ventilating his grievances ,no reply has' been receivedby him till date.
10. it is apt for us to place reliance on the decision of the Hon'bl Supreme Court of India in the case of SiS.Rathore-Vrs-State of Madhya Pradesh, A1R1990 SC Page 10/ 1990 5CC (L&S) Page SO(para 17) in which it has been held as under:
"17 . .... . .... Redressal of grievanc'es in the han4s of the departmental authorities take an unduly long time. That is so bn account of the fact that no attention is ordinarily bestowed over these maters and they are not considered to be governmental business of substance. This approach has to be deprecated and authorities on whom powr is vested to dispose of the appeals and revisions under the Service Rules must dispose of such imatters as expeditiously as possible. Ordinarily, a period of three to six months should be the outer limit. That would discipline the system and keep the public servant away from a protracted period of litigation."
ii. Though no notice has been given to the respondents, I am of the v(ew that it would not be prejudicial to either of the paies if a direction is issue to the respondent authorities to consider and dispose of the representatior of the applicants as per rules and regulations in force within a specific time frame as prayed by Id. counsel for the applicants.
12. Accordingly the Rdpondeflt Jo.2 i.e. the Director General ArchaologiCal Survey of India, New Dlhi or any other competent authority is diected to consider and dispose of. the representation of the applicants dated 22.05.2017(AnneXure A/i, page 33 & 34 of O.A.)by passing a well reasoi!ied order as per rules and regulatibns in force within a period of six weeks from the date of receipt of this order and communicate the decision to the applicants Mrthwith. If the grievance of the applicants is found to be genuine, then expeditous steps may be taken by the [respondent authorities to grant the benefits to the applicants within a further period of six weeks from the date of taking decision in the matter.
It is made clear that I have not, gone into the merits of the case and all the points raised in the epreeKtation are kept open for consideratijn by the respondent authorities as per rules and guidelines governing the field.
As prayed by Id. tounsel for the applicants, a thpy of this order aloAg with the paper book may be transmitted to Respondent No.2,3 and 4 by the Registry for which the Id. couns'l for the applicants shall desposit the cost within a period of one week. N.QJ I I .115. With the above observations the CA. is disposed of. No order asto cost.
K.K. Patnaik) idicial Member sb