Central Administrative Tribunal - Kolkata
Nand Lal Mishra vs Eastern Railway on 5 November, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
0 .A/350/1141/2019 Date of Order: 05.11.2019
Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member
Nand Lai Mishra, son of Sri Suraj Deo Mishra,
aged about 37 years, working for gain as
Trackman under Senior Section
Engineer/P.Way/ Haridaspur, Khurda Road
Division, East Coast Railway/Odisha, residing
at No. 86/A, Railway Qtrs., Bamangachi, P.0
Salkia, District - Howrah, Pin 711106.
--Applicant
Versus
1. Union-of India^. through^the General 'Manager,
East Coast. Railway, Bhubaneshwar, Rail
.Sadan, Sdiath'-BlpcJl^pdisha, Ain - 7510'17.
2. .The Sec|etaryv r^atpvay- Bedard. Ministry of
| Railways,fpovefnmhiit :'of Tnfiia, Rail Bhawan,
^DellnX/7|\Sy..
3. The General , Mfhager/ ^Eastern- Railway,!7, N.S
Road, Kdlkata,^ 700001.
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4. The Chief . Personnel Officer/ East Coast
Railway, 'Bhubaneshwar, Rail ^Sadan, South
Block, Odisha, Pin - 75X017. '
5. The Chief Personnel Officer, Eastern Railway,17,
N.S Road, Kolkata - 700001.
6. The Divisional Railway Manager, Khurda
Division, East Coast Railway, Odisha
7. The Senior Divisional Personnel Officer,
Khurda Division, East Coast Railway, Odisha
8. The Divisional Railway Manager, Howrah
Division, Eastern Railway, Howrah.
9. The Senior Divisional Personnel Officer,
Howrah Division, Eastern Railway Howrah.
10. The Senior Divisional Engineer (P.Way),
East Coast Railway, Khurda Road Odisha
11. The Senior Divisional Engineer (Co
ordination), Howrah Division, Eastern Railway
Howrah.
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12. Ajit Kumar Sardar, son of Late Kisun
Sardar, aged about 38 years, Ex-Trackman,
under SSE/P.Way/Liluah, Howrah, Eastern
•?/ Railway, now working for gain as Track-
maintainer (chowkidar) being medically
decategorised under SSE/P.Way/Liluah,
Howrah, Eastern Railway, residing at
Ghumal, P.O Badjulaibira, P.S - Jamda,
District -- Mayurbhanj, Odisha -- 757045.
....... Respondents.
For The Applicant(s): Mr. N. Chatterjee, counsel
For The Respondent(s)* Mr. H. Ghosh, counsel
ORDER (ORAL)
Per- Ms. Bidisha Baneriee. Member (J).' Heard Id. counsel for both parties.
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2. This application has be'erPhled to seek'th'e|folldwing relief "0 To direct the respondents to liye. effect-dd the office order No. (TC)/33:2015jlated\^1.07.2dll%issuedlhy the Senior Personnel>g£ficer^Engg^^^sp.pnde4t No. ^herein thereby releasihg the respohdOnt^^llll"hereiiflbeing -Senior employee between the appircauL tHe/respohdenP No. 12' herein as per stipulation^made in^the/aid^offme hr.der dateC21.b7.2015 and materialise the Lnter^Railwdy Mutual-Transfer in question as contained in annexurea"A-2" herein-;
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ii) to directi -the" respondents, to "consider the joint representations'of the, applicant and-the..respondent No. 12 for ■....... ........................ • ..v'0' Inter Railway Mutual-Transfer in .their correct perspective as contained in Annexure "A-l" herein.
iii) To direct the respondents to produce the entire records of the case before this Hon'ble Tribunal for effective adjudication of the issues involved herein.
iv) And to pass such further or order or orders as to this Hon'ble Tribunal may deem fit and proper."
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3. Since representations have been preferred by the applicant through his wife and the same is pending at the level of the respondent authorities, Ld. counsel agreed that the matter can be disposed of with direction upon the i*--
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competent authority to give personal hearing to the applicant as well as to « i the other person who had applied for mutual transfer along with him.
4. Accordingly, without entering infyD the merits of the matter, the.O;A is :
disposed of with a direction upon the Respondent No. 7 or any other competent authority to give them a personal hearing upon due notice within a period of 2 months from the date of receipt of a copy of this order and to take a decision within 1 month thereafter.
5. The present O.A stands disposed of. No costs.
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(Nandita Chatterjee) '5 XBidisha Baherjee)
Member (A) '•'i
JA % Member (J)
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