Central Administrative Tribunal - Patna
Santosh Kumar Ii vs South Eastern Railway on 8 July, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
CIRCUUIT BENCH AT RANCHI
Date of Order: 08.07.2024
CORAM
HON'BLE MR AJAY PRATAP SINGH, MEMBER [J]
1. O.A. No. 051/00432/2024
Prashant Kumar, aged about 37 years, Son of Basudeo Prasad,
Resident of B-117/5 Saranda Colony, Danguaposi, P.O- D.P.S, P.S-
Nomd, District- West Singhbhum permanent resident of village- Kokar,
P.O. Kokar, P.S.- Sadar Dist.-Ranchi, PIN-834001 at present posted as
Loco Pilot (Shunter) Grade-II at Danguaposi, Under S.E.Railway, С.К.Р.
Division, Chakradharpur, West Singhbhum, Jharkhand.
Patna .......... Applicant.
Bench -Versus-
1. The Union of India through General Manager, South Eastern
Railway, Office at Dumaryrie Are, North Colony, P.O. and P.S. -Garden
Reach, Kolkata, West Bengal, PIN 700043.
2. The General Manager, South Eastern Railway, Office at Dumaryrie
Are, North Colony, P.O. and P.S.-Garden Reach, Kolkata, West Bengal,
PIN 700043.
3. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur, P.O. and P.S. Chakradharpur, District West Singhbhum,
Jharkhand, PIN 833102.
4. The Senior D.P.O., South Eastern Railway, Chakradharpur Division,
P.O. and P.S.-Chakradharpur, District West Singhbhum, Jharkhand, PIN
833102.
5. The Divisional Personnel Officer, South Eastern Railway,
Chakradharpur Division, P.O. and P.S. Chakradharpur, District West
Singhbhum, Jharkhand, PIN 833102.
6. The Senior Division Electric Operating, South Eastern Railway,
Chakradharpur Division, P.O. and P.S. Chakradharpur, District West
Singhbhum, Jharkhand, PIN 833102.
7. The Assistant Personnel Officer, South Eastern Railway,
Chakradharpur Division, P.O. and P.S. Chakradharpur, District West
Singhbhum, Jharkhand, PIN 833102.
.......... Respondents.
For applicants: Shri S.B. Gupta, Advocate
For respondents: Shri Rajendra Krishna Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
2. O.A. No. 051/00437/2024
Pawan Kumar Burman son of Late Surendra Prasad Burman, aged about
42 years, resident of at C/o Burman Jewellers, Adityapur Basti, Main Road,
near Durga Maidan, P.O and P.S. Adiyapur, District Saraikella Kharsawan,
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PIN 831013, Mobile No. 9771444308, email-
[email protected]
.......... Applicants.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
Patna For applicants: Shri Baban Prasad, Advocate
Bench
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
3. O.A. No. 051/00438/2024
Maheshwar Chowhan son of Late Parsadi Chowhan, aged about 47 years,
resident of at Baba Ashram More, Near Shukla Shop, Bantanagar,
Adityapur, P.O. and P.S. Adityapur, District Saraikela Kharsawan, PIN
831013, Mobile No. 9771444416, email-
[email protected]
.......... Applicants.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
4. O.A. No. 051/00439/2024
Rajeev Kumar I son of Late Raghunandan Sahu, aged about 49 years,
resident of at House No. 369, Line No. 25, A Block, Tuliadungri, P,O.
Golmuri P.S. Golmuri, Jamshedpur District- East Singhbhum, PIN -
831003, Mobile No. 9771482152, email- [email protected]
.......... Applicants.
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-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
Patna 5. O.A. No. 051/00440/2024
Bench
Santosh Kumar II son of Sri Chhedi Lal, aged about 42 years, resident of
at Railway Trafic Colony, Bind, Quarter No. 384/4, P.O Tatanagar, P.S.
Tatanagar, Jamshedpur, District East Singhbhum, PIN 831002, Mobile No.
8084658410, email- [email protected]
.......... Applicant.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
.......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
6. O.A. No. 051/00441/2024
Rabindra Kumar son of Ramji Yadav, aged about 40 years, resident of at
C/o Ritesh Kumar Shukla, House no M/G - 64, Adityapur 2, P.O.
Adityapur, P.S. Adityapur District - Saraikela Kharsawan, PIN 831013,
Mobile No. 9304618148, email- [email protected]
.......... Applicants.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
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2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
7. O.A. No. 051/00447/2024
Ved Prakash Sharma son of Umesh Sharma, aged about 46 years, resident
of at Raod No. 20 Quarter No. 10/1/5, Adityapur 2, P.O. Adityapur, P.S.
Patna Adityapur, District Saraikela Kharsawan, PIN 831013, Mobile No.
Bench
9771444277, email- [email protected]
.......... Applicant.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
8. O.A. No. 051/00454/2024
Jorong Purty son of Late John Purty, aged about 42 years, resident of at
Shankarpur, Girja Toli, P.O. Sarjamda, P.S. Parsudih, Jamshedpur, District-
East Singhbhum, PIN 831002, Mobile No. 9771467517, email-
[email protected]
.......... Applicant.
-Versus-
1. General Manager, South Eastern Railway, At, P.O and P.S. Garden
Reach, Kolkata, West Bengal PIN 700043
2. The Divisional Railway Manager, South Eastern Railway,
Chakradharpur Division, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN - 833102
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3. Senior Divisional Personnel Officer, Chakradharpur Division, South
Eastern Railway, At, P.O. and P.S. Chakradharpur, District - West
Singhbhum, PIN-833102
4. Assistant Personnel Officer, South Eastern Railway, Chakradharpur,
At. P.O. and P.S. Chakradharpur, District- West Singhbhum, PIN 833102
5. Senior Divisional Electrical Engineer, South Eastern Railway,
Chakradharpur, At. P.O. and P.S. Chakradharpur, District- West
Singhbhum, PIN 833102
......... Respondents.
For applicants: Shri Baban Prasad, Advocate
For respondents: Shri Rajendra Krishna, Sr. CGSC with Shri Amit
Sinha, ASC for Respondents
ORDER
Per Ajay Pratap Singh, Member [Judicial]:-
1. Aggrieved by the common order dated 13.06.2024, whereby all Patna applicants posted on promotion from post of Loco Pilot Shunter-
Bench Grade I to E.L.P. (Goods) in PB-II (Rs. 9300-34800) with Grade Pay Rs. 4200, Level-6 in 7th CPC on administrative grounds, order dated 10.06.2024, whereby 2nd phase provisional result issued for Loco Pilot (Goods ) on seniority-cum- suitability with prescribed benchmark of Electrical (Operating) Department and notification dated 17.05.2024 2nd phase provisional eligibility list for promotion to the post of Loco Pilot (Goods ) in Level-6 of Chakradharpur Division issued by Sr. D.P.O., South Eastern Railway, Chakradharpur, whereby to fill up 379 (UR-302, SC-69 AND ST-8) vacancies of Loco Pilot (Goods ) in Level-6 pertaining to Electrical (Operating) department, notification dated 11.03.2024 issued but only 55 (UR 42, SC-07, ST-06) candidates empaneled for promotion to the post of Loco Pilot (Goods) , now to fill up remaining vacancies of Loco Pilot (Goods ) i.e. 324 (UR-260, SC-62, ST-01) 2nd phase provisional eligibility list is hereby published as per their seniority position and name of applicants included inspite of unwillingness and representation, if any regarding enclosed provisional eligibility list sought latest by 22.05.2024 and the connected matters, the applicants therein have filed these OAs.
2. The facts involved in these cases are similar, grounds, contentions and pleadings being one and the same, all these OAs are considered together for final disposal. The cases are at admission stage on -6- consent heard and argued by Shri S. B. Gupta, learned counsel for applicant in OA No. 432/2024 and Shri Baban Gupta, learned counsel for applicant in OA No. 437/2024, OA No. 438/2024, OA No. 439/2024, OA No. 440/2024, OA No. 441/2024, OA No. 447/2024 and OA No. 454/2024 and Shri Rajendra Krishna, Learned Senior Central Government Standing Counsel with Shri Amit Sinha, ASC appearing for all respondents.
PRAYER
3. With the consent of learned counsel appearing for the parties the facts are being extracted from lead case OA No. 432 of 2024, Prashant Kumar Versus Union of India and others. The present OA has been filed under Section 19 of the Administrative Tribunals, Act 1985 seeking the following relief(s) as extracted from the OA:-
Patna Bench "(i) For setting aside the Office Order No. SER /p-
ckp/lr/210/LP(goods)/posting/124/2024 dated 14.06.2024 in respect to the Applicant (whose name is appearing at Sl. No. 09)by which partial modification has been made by the Assistant Personnel Officer, CKP Division in the Office Order No.: SER / P- CKP/LR/210 /LP (GOODS) POSTING/123/2024 dated 13.06.2024 and "Revised Particular" of the Applicant has been changed from ELECTRICAL (ELECTRICAL) /LP /SHUNTING-I SER/ CKPD/JRLI/CCC(E)/JRLI to ELECTRICAL/ LOCO PILOT GOODS (ELECTRICAL) SER/ CKPD/ JRLI/ CCC(E)/ JRLI in most arbitrary manner.
(ii) For further direction upon the concerned Respondents / competent authority to consider and decide pending representation of the Applicant dated 06.06.2024, although only about one month before Unwillingness application of the Applicant for the Promotion in the same post i.e. Loco Pilot (Goods) Level-6 has been accepted by the competent authority and his name has been placed under Annexure- B of un-willing candidates at Sl. No. 138 in the Office Order No.: SER/P-
CKP/LR/210/LP(GOODS)/SUITABILITY/2024 dated 10.04.2024.
(iii) For further direction upon the concerned Respondents to take a decision to permanently debar the Applicant for Promotion in the post of Loco Pilot (Goods) Level-6 in the facts and circumstance narrated by the Applicant in his representation dated 06.06.2024 by which he submitted final refusal to take promotion on the said post.
(iv) For further direction to the Respondents/ competent authorities to allow the Applicant to join the Post according to the Office Order No. SER/P-CKP/LR/210/LP(GOODS)POSTING/123/ 2024 dated 13.06.2024 OR allow him to continue at his present post during the pendency of this case.
(v) For further pass such other order(s), or direction(s) as this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the present case for doing conscionable justice to the applicant."
-7-4. The applicants have also prayed in the OAs that inspite of filing representation dated 06.06.2024/22.05.2024 pursuant to impugned office order dated 17.05.2024, 2nd phase provisional eligibility list for promotion to Loco Pilot (Goods ), Level-6, CKP Division and expressing unwillingness for promotion in Loco Pilot (Goods ) the representations sent by post to Sr. D.P.O. CKP Division to debar them for promotion in Loco Pilot (Goods ) cadre. It is the case of applicants that without considering unwillingness and refusal for promotion. The respondents have issued final office orders impugned as order dated 10.06.2024, 2nd phase provisional result for promotion of Loco Pilot (Goods ) and order dated 13.06.2024, order of posting on promotion as Electrical Loco Pilot (Goods) in PB- Rs. 9300-34800 with Grade Pay Rs. 4200 (Level-6 in 7th CPC) and on Patna Bench approval of competent authority not posted on promotion at same station on administrative grounds. The applicants have also specifically sought relief for direction to the respondents to take a fresh decision by debarring applicants for promotion on the post of Loco Pilot (Goods ) as they have submitted unwillingness to get promoted from Loco Pilot (Shunting) PB. Rs. 9300-34800 with GP Rs. 4200, in Level-6 in 7th CPC to Loco Pilot (Goods ) PB Rs. 9300- 34800 with GP Rs. 4200 in Level-6 in 7th CPC.
FACTS IN BRIEF
5. Shorn of unnecessary details briefly stated facts as adumbrated by applicant in OA No. 432 of 2024 that applicant is working as ELP Shunting-II, SER/CKPD in PB II (Rs. 9300-34800) with Grade Pay Rs. 4200, Level-6 in 7th CPC and respondents issued notification vide office order dated 17.05.2024, 2nd phase provisional eligibility list for promotion to the post Loco Pilot (Goods ) in PB II with GP Rs. 4200 in Level-6 of CKP Division that in order to fill up of 379 (UR-302, SC-69 AND ST-8) vacancies of Level-6 to Elect. (OP) Deptt., a notification dt. 11.03.2024 was issued but only 55 (UR-42, SC-7, ST-6) candidates had been empannelled and now for filling up remaining vacancies of Loco Pilot (Goods ) i.e. 324, 2nd phase provisional eligibility list is published and representation if any, regarding seniority position against enclosed provisional eligibility list may be submitted to this office latest by 22nd May 2024, if no -8- representation is submitted and not received then it will be presumed that the eligibility list is correct and final and suitability will be adjudged on the basis of APARs of the preceding three years with prescribed bench mark.
6. Applicant has also stated in the OA that he has already expressed unwillingness for such promotion in view of para 207.3 of IREM-I and on consideration of unwillingness list dated 10.04.2024 was issued for unwilling candidates with applicant name.
7. It is also that case of applicant that Sr. DPO, Chakradharpur Division issued, notification vide office order dated 11.03.2024, 1st phase provisional eligibility list for promotion to the post of Loco Pilot (Goods ) of CKP Division for 379 vacancies and sought unwillingness if any. Applicant given unwillingness and accepted Patna Bench vide office order dated 10.04.2024, unwilling for promotion. Sr. DPO issued notification dated 10.04.2024 that a provisional list of Loco Pilot Shunters was published on 11.03.2024 to fill up 379 vacnacies of Loco Pilot (Goods ) in Level-6 now on submission of unwillingness by employees working as LPS list of willing and unwilling candidates published and as per terms and criteria for suitability for promotion shall be adjudged on basis of APARs/ WRs of preceding 3 years with prescribed benchmarks i.e. 6 out of 15 as prescribed. The respondents thereafter to fill up required 379 vacancies of Loco Pilot (Goods ), stated that earlier vide office letter 11.03.2024 notification issued by only 55 candidates empaneled now for remaining vacancies Loco Pilot (Goods ) i.e. 324, issued impugned 2nd phase provisional eligibility list for promotion to the post of Loco Pilot (Goods ) vide impugned office order dated 17.05.2024 and applicant name placed. It is the averment of applicant that this time no unwillingness sought only direction issued to submit representation latest by 22.05.2024 as to seniority.
8. It is also the case of applicants that representation dated 06.06.2024 was sent addressed to Sr. D.P.O., CKP, SER (Annexure-2) requested to debar for promotion as not willing to get promoted and respondents have not taken any decision on the pending representation dated 06.06.2024 (Annexure-2) and issued impugned office order dated 10.06.2024, 2nd phase provisional result for -9- promotional post of Loco Pilot (Goods ) GP Rs. 4200 and included name of applicant and further issued final impugned order dated 13.06.2024 (Annexure 3 and 3/1) whereby applicants have been posted on promotion as Electrical Loco Pilot (Goods ) in PB II with GP Rs. 4200 Level-6 different at station on administrative grounds. The respondents have not taken any decision on pending representation dated 06.06.2024 (Annexure-2) to post at same station and issued consequential orders dated 10.06.2024 and posting order dated 13.06.2024 (Annexure-3 and 3/1) and directing for relieving, whereas representation dated 06.06.2024/ 22.05.2024 not been decided till date.
SUBMISSIONS
9. Shri Baban Prasad and S.B. Gupta, Advocate, learned counsels Patna Bench appearing for applicants in these batch cases and arguments can be summarized as under:-
(i). Respondents have sought representation latest by 22.05.2024 pursuant to impugned office order dated 17.05.2024, 2nd phase provisional eligibility list for promotion to the post of Loco Pilot (Goods) and included names of applicants inspite of the fact that railways accepted expressed unwillingness for promotion just month back unwillingness and seeking debarment from promotion to post of Loco Pilot (Goods). The respondents are sitting tight on the representation of applicants and issued consequential impugned order dated
10.06.2024, 2nd phase provisional result of Loco Pilot (Goods) on seniority-cum-suitability and order dated 13.06.2024, impugned posting order of applicants to post of Loco Pilot (Goods) on administrative grounds inspite of unwillingness accepted on 10.04.2024 and earlier also accepted three times.
(ii). Respondents in normal circumstances issued impugned orders dt. 17.05.2024, 10.06.2024 and 13.06.2024 included names of applicants for promotion inspite of acceptance of as to unwillingness to get promoted.
(iii). This Tribunal in similar facts and circumstances where same orders were impugned, in 36 OAs filed by LPS, running cadre -10- staff decided vide common order dated 03.07.2024 in OA 51/364/2024, directed respondents to take fresh decision on pending representation.
10. Shri Rajendra Krishna, Learned Sr. Central Government Standing Counsel with Shri Amit Singh, Learned ASC appearing for all the respondents contentions can be summarized as under:-
(i). Applicants have challenged office order dated 17.05.2024, 2nd phase provisional eligibility list for promotion to the post of Loco Pilot (Goods) and representation for filling up vacancies sought latest by 22.05.2024, if not received, it was presumed eligibility is correct and final, whereas applicants submitted representation after cut off date as on 22.05.2024 after office hours.
Patna Bench
(ii). Present Original applications are not maintainable at this stage as undisputedly representation made and without exhausting remedies as available under Section 20 of the Administrative Tribunals, Act 1985 (in short Act 1985)applicants rushed to this Tribunal without waiting for the decision on representations of applicants by competent authority. Hence in view of Section 20 of the Act, 1985, representations of applicants are still pending in connection with subject matter of present OAs and same only filed on 22.05.2024 and no order has been passed, present OAs deserve to be dismissed in limine at admission stage in view of Section 20 of Act, 1985, applicants have not exhausted remedies available and already availed by filing representation. Thus the present OAs being pre-mature deserve to be dismissed not maintainable unless alternate remedy availed of raising grievance by way of representation is decided or a period of six months from date of representation is passed in view of sub-sub-section (b) of Sub-section (2) of Section 20 of Act, 1985.
11. Shri Rajendra Krishna, Learned Sr. Central Government Standing Counsel much emphasized on preliminary objection of maintainability of present OA as applicants have not availed effective statutory remedy under Section 20 of Act, 1985 and -11- representations just without waiting for decision rushed to the Tribunal.
12. Shri Baban Prasad and S.B. Gupta, advocate learned counsels for applicants faced with submissions of learned senior CGSC on preliminary objection of maintainability of present OAs in view of Section 20 of Acts, 1985, submitted that respondents issued impugned orders dt. 10.06.2024 and 13.06.2024 without deciding pending representations. Shri Baban Prasad and S.B. Gupta after arguing for sometime submits that applicants will be satisfied if direction is issued to competent authority to consider and take a decision on pending representations of applicants.
13. Heard learned counsels appearing for both the parties.
14. Section 20 of Administrative Tribunal Act, 1985 reads as under:-
Patna Bench "20. Applications not to be admitted unless other remedies exhausted. - (1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
(2)For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,-
(a)if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b)where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3)For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant had elected to submit such memorial."
[Emphasis supplied]
15. The Statutory provision of section 20 of Act, 1985 extracted herein above provides that this Tribunal shall not ordinarily admit an application unless it is satisfied that applicants had availed all the remedies available to them as to redressal of grievances and also recognizes that for sub-section (1) of Section 20, the availability of all available remedies under the rules as to service rules as to redressal of grievances also includes or representation by aggrieved person in connection with the grievances and if no final order made on appeal preferred or representation made by such person, if a -12- period of six months from date on which such appeal was preferred or representation was made has expired.
16. The Scheme of the Act, 1985 and Section 20 of Act, 1985 provides that Tribunal shall not admit an application unless satisfied that applicant availed all the remedy available to him or representation made by aggrieved person in connection with the grievances and sub-sub- section (b) of sub-section (2) of Section 20 of Act, 1985 imposes counter obligation on concerned authority to decide the representation.
17. The Division Bench of Principal Bench at New Delhi of this Tribunal in case of Meer Singh Versus Union of India & Ors., OA No. 1634 of 2016, decided on 10.05.2016, observed that in view of Section 20 of A.T. Act, 1985, application is pre-mature and Patna Bench dismissed. However, liberty granted to approach the Tribunal after a reply is received and in case he is till aggrieved.
18. In case of Paramjit Kaur Versus Union of India, OA No. 3358 of 2014, decided on 19.09.2014, Division Bench of this Tribunal at New Delhi also observed that as has been provided in Sectio 20 of the AT Act, 1985 before approaching the Tribunal, the concerned individual need to exhaust the departmental remedies available to him/her before the concerned authority in the department. When it is incumbent upon the individual to go by the aforementioned provision, it is also obligatory for the department concerned to take decision in such representations to avoid unnecessary litigation. The Tribunal directed respondents to take decision in the representation made by applicant and disposed of OA.
19. In case of Devl Dutt Sharma Versus Union of India and Ors.,OA No. 3920 of 2012, (New Delhi), the Divisional Bench of Tribunal vide order dt. 07.02.2013, observed that in terms of Section 20 of AT Act, 1985, it is incumbent upon the applicant to avail the departmental remedies before approaching this Tribunal. Such condition imposed upon the applicant also reflects the counter obligation on the concerned authorities to take decision on the representation preferred by the employee. The Tribunal in such circumstances, disposed of OA with direction to dispose of pending representation of applicant by way of speaking order.
-13-20. This Tribunal examined contentions of the parties raised at the Bar and in light of aforesaid, when order is passed on representations of applicants on mandate of Section 20 of Act, 1985 is fulfilled. This Tribunal finds force in the submissions of learned senior CGSC for respondents who raised preliminary objection and suffice to hold that non-exhausting remedies as provided under Section 20 of Act, 1985 would stand in the way of applicants approaching this Tribunal in present OAs.
CONCLUSION
21. In view of above, without expressing any opinion on merit of the cases in hand and concerned competent authority shall take decision on pending representations of applicants by speaking order accordance with applicable rules/norms without being influenced by Patna Bench observations made in this order.
22. All the Original applications are disposed of with direction to the respondents/ competent authority to take decision in the representations accordance with rules made by the applicants as expeditiously as possible preferably within a period of 30 days from date of production/ receipt of copy of this order passed today.
23. However, the applicants are at liberty to approach this Tribunal after they receive order in their representations, in case they are still aggrieved.
24. In result, present Original applications are disposed of accordingly at admission stage itself.
25. There shall be no order as to cost.
26. As a sequel thereof, pending Miscellaneous application(s), if any, shall also stand disposed of.
27. Copy of this order be placed in each Original Application.
(Ajay Pratap Singh) Judicial Member.
Central Administrative Tribunal, Patna Bench, Ranchi.
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