Central Administrative Tribunal - Kolkata
Mainak Goswami vs C L W on 12 September, 2022
~ CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH ae KOLKATA --
M.A. 399/2022 (Kolkata) . Date of Order: 12.09.2022
0.A. 322/2019 MA. 180/2019 Coram: Hon/'ble Ms. Bidisha Banerjee, Judicial Member MAINAK GOSWAMI SUKANTA DATTA RAMPADA DAS DIBYENDU MALLICK SUDIPTA BHATTACHARYA KRISHNA DEY AVUIT MITRA JANAK LAL SARKAR . MANAS MONDAL
-- 10.SAMARESH DAS
11.DIPENDU ANAND _12.ARPAN DAS
13. AVUIT SHAW
14.RAJIB KAR
15.SANAT HALDER
16.SUVAM DEY -
17.SOUVIK PATI
18.SRUAN SEN
19.KAJAL KARMAKAR
20.KOUSHIK DAS
21.MAINAK NATH
22.SHUBHAM CHAKRABORTY
23.AMIR HOSSAIN MONDAL
24.MD. MIRAJ
25.DEBSHANKAR RUIDAS
26.JOY KUMAR GHOSH
27.SOMIK SUMAN
28.NITAI KUILA
29. BISHALANDRA BISWAS ,
30.BISWAJIT HAZRA .
_ 31.SURAJIT MONDAL
32.NIDHURAM KARAR WON ANAWNE VERSUS-
1. Union of India, through the General Manager, Chittaranjan Loco motive works, Chittaranjan, Burdwan- 713331.
fo.
2. The Principal Chief Personnel Officer, Chittaranjan Loco motive works, Chittaranjan, Burdwan- 713331.
Respondents.
For The Applicantis}: -- fn Person For The Respondent(s): Mr. PN, Sharma, Counsel ORDER{(ORAL) Per; Ms. Bidisha Banerjee, Member (1):
This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal _ Act, 1985 and as no complicated question of law is involved this matter is taken up for disposal with the consent of both sides.
2. M.A. 180 of 2019 has been filed by the applicants praying for liberty to pursue this O.A, jointly on account of commiunality of Interest and, that, they are pu rsuing a common cause of action. On being satisfied, the MLA Is allowed,
3. Heard Id. Counsel for both sides.
4, Since respondent no. 1 & 2 are not the necessary parties, respondents are permitted to make necessity correction to delete the said respondents fram the array of the respondents.
5. This OA has been preferred by the applicantto seek the following reliefs:
7 4 "fa} Speaking order dated 20.02.2019 issued by Principal Chie? Personnel Officer, CLW cannot be sustained in the eve of law and therefore the suid may be quashed, , () Declaration that RBE No. 71 of 2016 is not applicable in respect of the applicants since the sald circular was issued after commencement of training.
ic} An order do issue directing the respondents to engage the epplicants in Group 'C' past under CLW since 2515 vacancies as on 02.03.2018 exist, {ef} leave may be granted to file GA jointly under SCC (4}{5) of the CAT Procedure Rule 1987." , ERE mmm
6. One of the applicants insists and is allowed to appear in person to represent all other applicants as their Id. Counsel is not present today. He alleges that the applicants would not be allowed to participate in the selection process,
7. Ld. Counsel for respondents however assures that the applicants shall be | allowed to participate in the on-going selection process, in the event the said process is not yet over, but preference will be given to Course Completed Act Apprentices (CCAA in short) over Graduate Apprentices as per rules.
8. At this juncture, the applicant appearing in person subm its that selection of the examination is being conducted in phases, the last phase is still not conducted. and out of 26 applicants, 16 had applied against selection process. They have also been issued admit card to sit for the examination, but the fear total exclusion asi, FF CCAA) are. given preference, oe tet . Sa 9. The analogy is not comprehensible as to why the matriculate CCAA, would 'be preferred over Graduate Apprentices when both have been evidently trained in Railway Organization.
10. In-view of the fact that minimum requirement is that of Matriculation and Course Completed Act Apprentice Certificate and that Course Completed Act Apprentices may get preference over others in the selection process, the applicants the Graduate Apprentices are well within the right to participate in the selection process and being considered.
CR :
11. Therefore, such applicants who have applied shall be allowed to participate inthe examination, and based on their performance, they shall be duly considered against the vacancies, if nothing else stands in the way.
12. The authorities shall process their claim upon their due participation, against suitable vacancy.
13. Accordingly, the present OA would stand disposed of.
14. Consequently, the MAs also stand disposed of. No costs. |.
(Bidisha Banerjee) Member (4) pd