Central Administrative Tribunal - Kolkata
Salim Ahmed vs S E Railway on 16 November, 2018
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* CENTRAL ADMINISTRATIVE TRIBUNAL
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/ KOLKATA BENCH
/ KOLKATA
No.O A/350/676/2018
Coram : Hon'ble Mrs. Bidisha Banerjee, Judicial Member
HorVble Dr.(Ms) Nandita Chatterjee, Administrative Member
Salim Ahmed,
Aged about 47 years,
Son of Late S.K. Mahamniad,
Unemployed, Ward No.6,
Main Road, Chakradharpur,
District - West Singhbhum,
Jharkhand, Pin Code - 833102.
.... Applicant.
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1.'Uni&n of^dia>MiLy^/]%
Service t hroug h*t e n e ra t^Vl a n age r, \
Kolkata - 7000^3. j \ \ V
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2. The Chief Personnel Officer, • /
South -Eastern Railway^ /
Garden Reajch, ■ - 44
Kolkata - -700^437--
3. The Divisional Railway Manager (P),
South Eastern Railway,
Chakradharpur Division,
District - West Singhbhum,
Jharkhand, Pin Code - 833102.
4. The Senior Divisional Personnel Officer (P),
South Eastern Railway,
Chakradharpur,
District - West Singhbhum,
Jharkhand, Pin Code - 833102.
Respondents.
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For the applicant : Mr. S. Mukherjee, counel
Mr. A.K. Samanta, counsel
For the respondents : Mr. B.L. Gangopadhyay, counsel
Heard on : 14.09.2018 Order on :
ORDER
Bidisha Banerjee, Judicial Member This application has been preferred by the applicant seeking the following reliefs:-
"8.(i) To direct the respondents to include the name of the applicant in the provisional panel to the post of safaiwalla in Group 'D' grade;
(ii) To direct the respondent^accept the OBC certificate submitted by the applicant for inclusjon^qVf^s p'anel to the post of safaiwalla in Group "D" Grade;f *% \
(iii) To direct the resffc^^Jwit'ft^^d/or dispose of the R ilieant^ate^l^l Augdst, Voi7 as contained in Annexure-A6; C Hi c- I tk/// \W7f & •
(iv) To direct-the Respondents\ forgive employment as in similar circumstances to the'Nsaie^ posAtJp'Sala^alla in/Group "D" post on Chakradharpur Division',-South Eastern ffailway; } /
(v) To direct the Resp'OndentS'to p'rod.uce th€ entire records of the case before the Hon'ble TribunaLfoF^djLraicatiorTof the points of issue;
(vi) To pass any such order or orders and/or further direction or directions as this Hon'ble Tribunal may seem fit and proper."
2. The applicant has' cited a decision of this Tribunal in O.A.1584/1999 rendered on 29.07.2002 and has claimed parity. Id. counsel for the applicant has drawn our attention to a representation dated 16.08.2017 preferred by the applicant seeking appointment to the post on the basis of a selection/interview held on 10.08.1999 and 11.08.1999 and claimed that he was enlisted for such appointment as a successful candidate against SI. No.352. He has also relied upon / 1 / 3 ) • \ 1 / ' > • \ a decision rendered by Hon'ble High Court at Calcutta in case of Padma Rani / Thakur vs. The Secretary, Department of Home & Ors. reported in 2007 (1)CL J(Cal) but has failed to indicate in what manner it applies to the present applicant.
3. Since the representation of the applicant is yet to be disposed of by the authorities, no fruitful purpose would be' served by calling for reply unless the matter is properly considered by the Railway authorities.
4. In such view of the matter, we dispose of the present O.A. with a direction upon the respondents to consider the representation dated 16.08.2017,as contained in Annexure A/6 to the O.A., in the light of the Railway Rules and the decisions cited supra and pass^ppropn^te^asbhed^and speaking order within 8 weeks from the date of receipt Q^iGop^y|of tniSO.A. \ > \
5. It is made clear that we have-not goneintofthe merits of the case. All the 21 points raised in the representation .ate^ kepbftpen for. consideration by the / \ k respondents as per rules ahd're'gulations goverfim^ theifield.
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6. With the above observations,Jthe O.A. stands,disposed of. No costs.
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(Dr. Nandita Chatterjee) (Bidisha Banerjee)
Administrative Member Judicial Member
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