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Central Administrative Tribunal - Madras

Chhagan Lal Meena vs M/O Railways on 9 November, 2018

                                        1          OA 1525/2018 & MA 625/2018

                       Central Administrative Tribunal
                               Madras Bench

                  OA 310/01525/2018 & MA 310/00625/2018

        Dated Friday the 9th day of November Two Thousand Eighteen

                                 PRESENT

                  Hon'ble Mrs. Jasmine Ahmed, Member (J)
                                     &
                   Hon'ble Mr. R.Ramanujam, Member(A)

1. Chhagan Lal Meena
   Loco Pilot (Shunter - II)
   Office of the Chief Crew Controller
   Tambaram, Chennai Division
   Southern Railway, Chennai - 600 045.

2. P. Ashok Kumar
   Loco Pilot (Shunter - II)
   Office of the Chief Crew Controller
   Tambaram, Chennai Division
   Southern Railway, Chennai - 600 045.

3. S. Purushothaman
   Loco Pilot (Shunter - II)
   Office of the Chief Crew Controller
   Tambaram, Chennai Division
   Southern Railway, Chennai - 600 045.                   .. Applicants

By Advocate M/s. K. Manickaraj

Vs.

1. Union of India represented by
   The General Manager, Southern Railway
   Park Town, Chennai 600 003.

2. The Chief Personnel Officer
   Southern Railway
   Park Town, Chennai 600 003.

3. The Senior Divisional Personnel Officer
                                          2   OA 1525/2018 & MA 625/2018

  Chennai Division, Southern Railway
  Southern Railway
  Park Town, Chennai -600 003.

4. S. Ganesan
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

5. G. Mohan Raj
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

6. V. Parthiban
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

7. M. Kothandaraman
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

8. M. Iyyamperumal
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

9. M. Manoj Kumar
   Senior Assistant Loco Pilot
   Office of the Chief Crew Controller
   Chennai Central
   Chennai Division, Southern Railway.

10. D. Stanly Jalin David
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
                                         3   OA 1525/2018 & MA 625/2018

  Chennai Division, Southern Railway.

11. G. Manikandan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

12. Sanjeeth Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

13. B. Manikandan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

14. M. Anand
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

15. S. Dharmaraja
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

16. P. Senthil Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

17. T.S. Balashanmugam
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.
                                         4               OA 1525/2018 & MA 625/2018

18. K. Karunakaran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

19. Ponkatish Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

20. S. Sampath Kumar
   Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

21. G. Thamizharasan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

22. R.V. Murugananth
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

23. G.S. Sajin
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

24. S. Vigneswaran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller, Arakkonam Jn.,
  Chennai Division, Southern Railway.

25. B. Vasanth Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
                                         5   OA 1525/2018 & MA 625/2018

  Chennai Central
  Chennai Division, Southern Railway.

26. G. Silambarasan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Arakkonam Junction
  Chennai Division, Southern Railway.

27. Sivaprasad Garikapati
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

28. K. Barath Kumar
   Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Arakkonam Junction
  Chennai Division, Southern Railway.

29. Chandrasekar Alwarji
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

30. Ratikanta Sahoo
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

31. Vimal Kumar Hardaha
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

32. P. Gopala Krishnan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.
                                         6   OA 1525/2018 & MA 625/2018


33. V. Gopi
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

34. Kilash Chandra Sahoo
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

35. P. Shanmuga Ganesh
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

36. M. Arun
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

37. A. Surendiran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

38. Mev Singh Dhakar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

39. S. Nageswaran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

40. Adithya Narayan Mallick
                                         7   OA 1525/2018 & MA 625/2018

   Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

41. S. Periya Miras
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

42. A. Mohammad Raffee
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

43. S. Rajaraman
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

44. V. Venkatesan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

45. B. Ekambaram
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

46. S. Arun Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

47. T.V. Sasikiran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
                                         8   OA 1525/2018 & MA 625/2018

  Arakkonam Junction
  Chennai Division, Southern Railway.

48. E. Kannan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

49. A. Kannan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

50. G. Elumalai
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

51. A. Ramachandran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

52. S. Arun Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

53. M. Dev Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

54. N. Surendar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.
                                         9   OA 1525/2018 & MA 625/2018


55. V. Palanisamy
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

56. M. Magesh Babu
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

57. V. Boopathi
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

58. R.P. Viju
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

59. K.M. Subash Chandran
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Jolarpettai Junction
  Chennai Division, Southern Railway.

60. S. Vinth Sundar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

61. Muhammad Thayyoob
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

62. S. Nahoor Meeran
                                         10   OA 1525/2018 & MA 625/2018

  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.

63. Sunil Kumar Meena
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

64. Sunil Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

65. T. Mohan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Arakkonam Junction
  Chennai Division, Southern Railway.

66. L. Veeraragavan
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

67. N. Deepak
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

68. R. Praveen Kumar
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

69. K. Aslam Basha
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
                                         11   OA 1525/2018 & MA 625/2018

  Katpadi Junction
  Chennai Division, Southern Railway.

70. J. Jackson
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

71. Jagadeesh Chiluvuru
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Central
  Chennai Division, Southern Railway.

72. R. Soundra Pandian
  Senior Assistant Loco Pilot
  Office of the Chief Crew Controller
  Chennai Egmore
  Chennai Division, Southern Railway.               .. Respondents
                                          12              OA 1525/2018 & MA 625/2018




                                 ORAL ORDER

Pronounced by Hon'ble Mrs. Jasmine Ahmed, Member(J) MA 625/2018 filed for joining the applicants together and filing single OA is allowed.

2. The applicants have filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

"i. Call the records pertaining to impugned Empanelment order for LP (Goods) no. M/P(1E) 535/VI/RG/LP Goods, dated 10.08.2018 issued by 3rd respondent and quash the same as it violates rules, laws and of principles of natural justice.
ii. direct the respondents to re draw the panel afresh duly placing the applicants above the party respondents and promote the applicants to the post of LP (Goods) with all consequential benefits, such as fixation of pay, seniority, etc. and iii. Such other order/orders"

3. It is the contention of the learned counsel for the applicant that vide letter dated 10.08.2018 the applicants herein has been placed in the provisional panel for the post of LP Goods. He would state that the respondents are wrongly putting juniors above them while placing the seniority list.

4. Learned counsel for the applicant would submit that in this regard he preferred a representation dated 20.08.2018 which has not been given reply by the respondents yet. He also states that he will be happy and satisfied if a direction is given by this Tribunal to decide the representation within a stipulated time frame. 13 OA 1525/2018 & MA 625/2018

5. Taking into consideration the limited prayer of the applicant, at this stage we feel it is unnecessary to keep the OA pending. Hence we direct the respondents to decide the representation of the applicants within one month from the date of receipt of certified copy of the order and till that time the letter dt. 10.08.2018 shall not be implemented.

6. OA is disposed of accordingly. It is made clear that nothing is commented on the merits of the case.

(R. Ramanujam)                                                     (Jasmine Ahmed)
  Member (A)                        09.11.2018                        Member(J)
AS