Central Administrative Tribunal - Kolkata
South Eastern Railway vs Prasenjit Das on 1 December, 2022
oF ne a ERE NS -_ CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA _M.A/350/774/2022 Date of Order: 01.12.2022 M.A/350/775/2022 Arising out of
0.A.350/641/2022 & Others Coram: Hon'ble Mr.Jayesh V. Bhairavia, Judicial Member Hon'ble Mr. Suchitto Kumar Das, Administrative Member
1. Union of India, Through The General Manager, South Eastern Railway, Garden Reach, Kolkata -- 700 043;
2. The Chief Personnel Officer, South Eastern Railway, Garden Reach, Kolkata --- 700 043;
3. The Divisional Personnel Officer, South Eastern Railway, .
Kharagpur, Post Office and Police Station - Kharagpur, Dist. --- Paschim Midnapur, Pin -- 721 301 keeees Applicants(M.As) /Respondents(O.As)
-Versus-
O.A.641 OF 2022. PRASENJIT DAS O.A. 642 OF 2022. PARTHA SAKHA DAS
-0.A. 662 OF 2022 ALOKE KUMAR SAHU O.A. 663 OF 2022 TAPAN PRADHAN O.A. 689 OF 2022 SUNIL BASKEY O.A. 690 OF 2022. PRABODH KUMAR MAIT! O.A.691 OF 2022 ARUN KUMAR KARAN O0.A. 692 OF 2022 KHOKAN MAHATA O.A. OA, OLA.
OA.
O.A, OA.
O.A. O.A, OLA, Fill OF 2022 713 OF 2022 734 OF 2022 735 OF 2022 736 OF 2022 744 OF 2009 745 OF 2099 746 OF 2022 148 OF 2022 . 750 OF 2082 "A. 751 OF 2022 752 OF 2022 A, 757 OF 2022 A. 739 OF 2022 A. 760 OF 2022 A. 761 OF 2022 ° A. 768 OF 2022 769 OF 2022 . 770 OF 2022 772 OF 2022 773 OF 2022 A. 174 OF 2022 779 OF 2022 A. 802 OF 2022 . 803 OF 2022 . 804 OF 2022 (A. 805 OF 2022 . 817 OF 2092 SAMIR KUNDU RABINDRA KUMAR RAMJIBAN MAHATA MALAY DINDA SUBHAS MONDAL K RAMA KRISHNA RATAN DAS RAKESH GRAHIKAR PAJIT KUMAR BINAD KUMAR ACHARYA PRADIP KUMAR BARIK BHABESH CHANDRA MANDAL SUBRATA BHUNIVYA _ UTPAL KUMAR DAS SANJAY PAL G APPA RAO NABIN CHANDRA MAHATA | PUSPENDU SAHOO SUBRATA MAHATA CHANDRA SEKHAR SINGH _ ABANINDRA NATH SAHOO _ ALOK RANJAN SAHOG PRABIR KUMAR BETAL BISWARANJAN DAS SWAPAN SAMANTA AMAL MAITY | SHYAMAL KUMAR DENRAY KANCHAN DINDA O.A. 818 OF 2022 ASHIS KUMAR DINDA O.A. 819 OF 2022 BINOD KUMAR BERA JA, B20 QE 2022 ANUPAM KANTI RANA _O.A, 821 OF 2022 ANANDA MAHATA «ow. Opposite Party /Original applicants For the applicants in M.As (Respondents of O.A.) : Ms. E. Banerjee, Counsel Mr. B,B. Chatteries, Counsel | eee> For the Opposite Party Mr. A. Chakraborty, Counsel 2 Se 2) (Original Applicants Ms. P. Mondal, Counsel (Orig py :
ORDER{(ORAL Jayesh V. Bhairavia, Judicial Member Original respondents in 0.A.No.350/641/2022 as well ai in "other connected OAs as mentioned in the cause title, have filed the oresent M.A.No.350/774/2022 seeking extension of time to implement the order of this Tribunal dated 22.06.2022 in O.A.No.350/641/2022 with other connected O.As. Along with the present M.A. the applicants. have filed M.A.N0.350/775/2022 praying for condonation of delay in filing the aforesaid M.A. far extension of time.
2. | On behalf of the applicants in M.As, Learned Counsel Ms. E. Banerjee along with Mr. B.8. Chatterjee mainly submits that by a common order dated 22.06.2022 this Tribunal disposed of a group of identical O.As having common issue with regard to consideration of their representation/claim/option for inclusion of théir names in the Old Pension Scheme instead of New Pension Scheme, by remitting their case to the Railway Board to take a fresh decision | Ww 4 in the light of an order passed by this Tribunal in O.A.No.350/1474/2019 and fo issue appropriate orders on the claim of the applicants therein within a-
Stipulated timeframe of three months (Annexure M/1)}.
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3. Heard Learned Counsel for both sides and perused the materials placed on recard.
A. it is submitted by Learned Counsel for the applicants in M.As (original respondents) that pursuant to the order of this Tribunal dated 22.06.2022 in the 0.As, they had called for some information/papers , egal opinion and zonal Views from the Headquarter vide letter dated 15.09.2022 for taking a decision in the matter as it pertains to policy and financial issues. That, the Headquarter forwarded the matter to the Senior Divisional Personnel Officer, South Eastern Railway, Kharagpur({Respondent No.3. in O.As} _ seeking necessary information for onward transmission to the Railway Board vide letter dated 22.09.2022 (M/2 to the M.A.No.774/2022), That, in compliance of the Railway Board's direction, necessary information/papers relating to the case along with legal views have been itariemitted to Headquarter vide letter dated 31.10.2022 from the Office of Respondent No.3 {in O.As} for onward transmission to Railway Board. Therefore, the applicants in the M.A, submits that by way of modification or review of the earlier direction issued by this | Tribunal an 22.06.2022 the respondents be granted 4 months' additional time to implement the order passed by this Tribunal. Learned Counsel for the applicants in M.A. further submit that there is 48 days' delay in filing the present MLA. for extension of time for administrative reasons and the said delay was not intentional, hence the delay may be condoned.
55, Learned Counsel for the original applicants {opposite party herein), My. A. Chakraborty leading Ms. P. Mandal, relying upon an order passed by Principal Bench of this Tribunal dated 18.11.2014 in M.A.No.3544/2014, M.A.No.3551/2014 and O.A.1173/2014, submits that the time limit of three months as granted by this Tribunal to comply with the order dated 22.06.2022, has already been over and the applicants in.M.As are not entitled to. any extension of time to consider the case of the applicants. itis submitted that once the order passed by this Tribunal, it becomes functus ON officio. Learned Counsel further placed reliance on the judgment passed by ik Hon'ble High Court at Calcutta in W.P.C.T.No.271/2001 dated 08.10.2007 and submits that the original respondents failed to atthete to the time lirnit prescribed by the Tribunal vide order dated 22.06.2022 for consideration of | the claim of the original applicants for including their names in the Old Pansion Scheme, therefore, the M.As should be dismissed, 5, In view of the rival contentions of both sides and on perusal of the | record, it can be seen that in compliance of the directions issued by this Tribunal, the respondent railway authorities transmitted all necessary information/service record of the original applicants before the competent authority ie the Railway Board as the matter pertains to policy and financial issues, It is categorically averred by the applicants In M.As that, the case of original applicants is under active consideration before the Railway Board and, therefore, they have requested for grant of some more time to take final decision, The judgments relied upon by the Learned Counsel for the ariginal applicants are not much helpful to them since the grievance as' noted y hereinabove is under active consideration before the competent authority je.
the Railway Board in the light of the directions issued by this Tribunal vide order dated 22.06.2022,
7. Since the grievance of the original applicants is under active consideration before the Railway Board, we deem it fit to accept the request/plea of the applicants in M.As (original respondents) for madification of the order passed on 22.06.2022 by allowing the M.A. for condonation of delay. Further, we grant 4 months' time from today, to comply with the eGVns Jeg directions issued by this Tribunal vide its order dated 22.06.2022 passed in the O.As.
&. Accordingly both the M.As stand dispased of. No casts.
\ { ome :
o Ktimar Das) (layesh V. Bhairavia} Administrative Member Judicial Wiember