Central Administrative Tribunal - Mumbai
Ajit Dnyaneshwar Tikone vs M/O Railways on 13 November, 2018
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_ 1 O.A. N0. Se/2015
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CENTRAL ADMINISTRATIVE.TRIBUNAL a
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C. MUMIBAI BENCH , mmsaz .
APPr;cAr10N,,W- 86/2015
Dated thisTw___the l3F"day of .l_\l_uue.r"b¢1~':1, 2018.
CORAM:--. HON'BLE SHRI R. VIJAYKUMAR, MEMBERIA)
aowsrs sm:.i Rzwmnsn mun, Mamas (J)
1. Shri Ajit Dnyaneshwar Tikone - .
Age: 22 years, Occ: Working as Khalasi
" In Central Railway,_At Rune-Station
R/at -- At Post Malvali, Tal. Maval, -
- Dist. Pune * 41G405 ..Applicant
Versus
1. Union of India
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Through The Secretary, 2%
:31
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Ministry of Railway
Room No.l0l, North Block,
' Central Secretariat,
New Delhi--1lO0O1 _
2."' CHAIRMAN, RAILWAY BOARD, '
I Room No. 256~A, Rail Bhavan, -
Raisina Road, New Delhi~110001
3.. GENERAL MANAGER
Central Railway, Victoria -
' Terminus Building, Mumbai-CST,
Mumbai*4000O1. .
4. Divisional Railway Manager,
Ground Floor, New DRM Building, _ -
Near Le~Meridian Hotel, Pune~4l1044.
5. Asst- Personnel Officer,
.* .
Personnel Branch, "
Divisional Railway Manager,
' Second Floor, New DRM Building,
Near Le-Meridian Hotel,
Pune"4llO44 ...Respondent
Reserved on :-- 16.10.2018
Pronounced on:-- ]?,.|]~ 20,?
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2 O.A. No. 86/2015
ID R.D Elli
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Per: - Member (J)
The present OA has been filed' under Seption 19-(Hf the Administrative Tribunals Act, 1985 claiming the following reliefs:
"a) That, this Hon'ble Court may . _ kindly be pleased to hold and declare, that, the letter and/or action dated 07.01.2015, to be illegal and null and void and accordingly, the said letter together with the action, contained therein may kindly be quashed and-set "aside. ' ' ' l
b) Consequentially this Hon'ble Court _ may kindly be pleased to further hold and declare, "that, the Petitioner continues in the services of the Respondents. _
c) Pending the hearing and final.
disposal of the present Petition, the Petitioner may also be granted interim and ad--interim.relief in terms of stay of execution and effect on Annexure Ae 1 which is order passed by the Respondent No.5 and/or otherwise, pending hearing and final disposal of the present petition, the Respondents as an bylway of interim "relief may kindly" be directed. not to take any coercive action or measure on the basis of Annexure A~l against the Petitioner .
d) Any other order in the interest of justice may kindly passed in fayour of the Petitioner" ' "
2.- The facts .are that .Applicant's father Shri D.A., Tikone was working with the Respondents on the post of Khalasi Helper of Out Side 1Maintenancde(OSMJ group: in. the IElectrical Department. IU1'2O04, the respondents_introduced a "Liberalised Active Retirement Scheme for __ _ "_ " _ 3 (Q; Q "$3 ywzg ",;~'";;; ;=;,<,<,,» 3 - - O.A. No. 86/2015 Guaranteed _ Employment _ for Safety Staff (LARSGESS)for* I the jpersons holding' > the jpost rof Driver or Gangman. On 11.09.2010, respondents decided to extend the benefit of the said scheme to other safety categories of staff with a Grade Pay of Rs. 1800,' the qualifying service was reduced "from 33 years to 20 years and the eligibility age group was amended. from 55~57 years _to 50e57 years. After completing the qualifying service of 29 years, applicant's father requested for_Voluntary Retirement under LARSGESS Scheme seeking appointment for the applicant as Khalasi with Grade Pay of Rs. 1800.
The aforesaid request was 'H
accepted by the
Respondents. vide communication dated
.'.
14.08.2013(Annexure A~2) and the applicant
1 . I |
joined-ans Khalisi Helper of (KAT on 21.08.2013.
On' 24.03.2014, -respondents further added 'five
categories ill th@ grade Eng?-of Eds 1800 within
the purview ' of LARSGESS' scheme, namely
Electrical Powers_ Staff working on Railway
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Track, Track Machine Staff working on track, TRD
staff working on track, PWT Khalasis working on
track and Bridge staff working on track. It is
submitted.'that cw: 07.01.2015, respondent Inn. 5
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...... ¥e?<>§>'e¥Aifie""rswe/amieweiét 1 . V I4 y O.A. No. as/2015 issued a showecause notice to -the applicant stating that his appointment vide office order number 746/2013 dated 21.08.2013 against the LARSGESS scheme is void because his father, Shri D.A. Tikone was Khalisi in OSM gro-up which was not covered under LARSGESS scheme. However, on 14.01.2015, office cnf respondent run. 5 issued a. notification clarifying that tins Helpers of (EH4 Group are akin to the Electrical Power group and therefore shall be eligible under LARSGESS + scheme. Hence the present -application. .The applicant has alleged discrimination against the respondents enui violation cnf Article 14 <xE the Constitution. Hence, the present OA has been filed. ' ' '
3. When the case was 'called today" for admission, time learned counsels lint the parties were heard and the case records including reply I.- ' . ' ' filed on behalf of the respondents have been carefully peru$ed..
4. IU1 this case, time applicant vdnn was appointed under Tina LARSGESS scheme- has challenged the impugned showmcause notice dated 07.01.2015(Annex. A-1) by which he was
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called upon to explain as to why his services should run; be terminated since this appointment is invalid on the ground that his father who was~ working in the" Electrical . _, _ Department was not covered under LARSGESS scheme.
5. There dis. no interim order passed, by J' I . F this Tribunal in the OA staying the impugned show--cause notice. The learned Advocate for the respondents submitted that the services of _ the applicant are still continuing although he did not submit reply to the show cause notice. Thus, till date the respondents have not terminated applicant's service acting on the impugned show~cause notice. A J
6. In view of the above, considering the peculiar facts and circumstances of the case, the (Ht stands disposed off vmiiiea direction to time Personnel Officer lhnwa Division, appropriate authority from Respondent Nos. 1 to,_ 5 to treat the present OA itself as the reply of the applicant to the said showmcause notice, COfiSid€I_iilEMMi pass the appropriate is ...,_..,._..,,_..,......_....,..-...1:IIII:...-.-...--..-.,...-...-,,_~:-I-_.:~.-__:_._ E H _____':::__\_ .,\ _9__ _ _ \ N_ _ _ \_____ .--. . ~. uz << 2*? eve s *"€'*§""~?*--W» =<. _ are =5i=%}='§'§§'<-e'<-'§'§.i¥fK _ bk 77 mt 3;} -_._-_._.........-..................._.._.._..._.._._..._.._.._....-.-----.--.--.--.--.--.-.-.-.--.-.-.-..--.---.-.-._.;;.-;.
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- 6 O.A. No. 86/2015
i reasoned order thereon in accordance with
law, within a period of 6 weeks from the date of receipt of certified copyiof this order, ~after giving personali hearing to the < applicant. t __ J'..-
7. The order so passed shall then be ' communicated to - the applicant at the earliest, who will be at the rlibertyy to approach the appropriate forum in case his grievance still persists.
8. It is rmnka clear" that was have inot made any comments on the merits of the claim made in the OA. 1 9Q The registry is directed to issue certified copy of this order to both the partiesy at . the earliest for taking appropriate steps in the matter, as indicated ab@v@- I.-
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