Central Administrative Tribunal - Kolkata
Nawal Kishore Singh vs Eastern Railway on 19 April, 2024
1 0.a. 350.01786, 1785 & 1784 of 2018 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. 0.A. 350/01786/2018 Heard on 04.04.2024 O.A. 350/01785/2018 Date of order: 14. Oy 201Y O.A. 350/01784/2018 Present: Hon'ble Mr. Anindo Majumdar, Administrative Member Hon'ble Mr. Rajnish Kumar Rai, Judicial Member 0.A. 350/01786/2018 NAWAL KISHOR SINGH, S/o Late Ganesh Singh, aged about 56 years residing at R.K.Dangal, Korapara, Sugam Park, B. Block, Asansol - 713340, Dist. Paschim Bardhaman, W.B. O.A. 350/01785/2018 Brij Bhushan Singh, S/o Late Ganesh Singh, aged about 58 years, residing at Bye Pass, Uttar Dhadka Road, New Colony, Topsi Mandir, Asansoi -- 713302. O.A. 350/01784/2018 Mod Narayan Singh, Domohani Railway Colony, Qtr. No. Block 577, 170/171, Uttarpara, Asansol ~ 713340. woo Applicants. -Versus- 1. The General Manager, Eastern Railway, 17, N.S. Road, Fairle Place, Kolkata - 700 001. 2. The Chief Commercial Manager, Eastern Railway, 3, Koila Ghata Street, Kolkata - 700 001. 3. The Addl. Divl. Rly. Manager, Eastern Railway, Asansol, Asansol -- 713301. 4. The Sr. D.C.M. Eastern Railway, DRM's Office, Asansol -- 713301. weeeee. Respondents. = fle) 2 0.a. 350.01786, 1785 & 1784 of 2018 For the Applicant Mr. N. Roy, Counsel Ms. P. Mondal, Counsel For the Respondents ; Ms. T. Sinha Palit, Counsel Mr. A.K. Chattopadhyay, Counsel Mr. P.N. Sharma, Counsel Mr. T.K. Chatterjee, Counsel ORDER
Per: Anindo Majumdar, Administrative Member:
The applicants has filed this Original Application seeking the following relief(s):
"a)} Direction to issue upon the respondents to pay the arrears of Salary, allowances, and other benefits for the period 01.01.2015 to 08.05.2017, with interest.
b) _-- Direction to quash and set aside the 'Dies-non' for the above period as Rly.
Auth. himself retired early 31.12.2014 on the basis of wrong date of birth 01.01.1955 recorded by Rly. which have been quashed by the Hon'ble C.A.T. and Hon'ble High Court,. Calcutta; So marking 'Dies-non' illegal, un-constitutional and contrary to the Rules, laws in this case.
c) To avoid irreparable losses and injury to the applicant, and/or pass such other or further, order or Orders as to Your Lordship may deem fit and proper.
And the applicant is as duty bound shall ever pray."
2. In the first round of litigation, this Tribunal, vide order dated 19.09.2014, had disposed of O.A. No. 1050 of 2013 with direction upon the respondent No, 1 to consider the matter appropriately in accordance with law and to pass appropriate orders within a period of three months from the date of communication of this order.
3, In compliance in the aforesaid direction of this Tribunal, the General Manager, Eastern Railway passed an order dated 31.12.2014 wherein he rejected the prayer of the applicants. An extract from the aforesaid order is reproduced Ve below:
aa 3 0.a. 350.01786, 1785 & 1784 of 2018 "Also, the Divisional Authority who are otherwise competent to decide such cases had already critically examined the entire gambit of the case and did not find any reason to deviate from the starid taken earlier in this regard, | also after taking all aspects into consideration do not find any merit and justification for accepting their claim towards alteration of their recorded date of birth."
4. Challenging aforesaid speaking order, the applicants had filed O.A. No. 350/00293/2015 before this Tribunal which this Tribunal! disposed with the following orders:
"15, In such view of the matter the impugned orders of the OAs are quashed and the respondents are directed to correct the date of birth entries in the service records of the applicants, in accordance with their Matriculation Certificates/ school records and pass appropriate order within two months from the date of receipt of the copy of this order.
16. The OAs are accordingly disposed of. No order is passed as to costs."
5. The aforesaid order of this Tribunal was challenged by the respondent in WPCT No. 201 of 2016 before the Hon'ble High Court at Calcutta which was, however, dismissed by the Hon'ble High Court vide order dated 07.12.2016.
6. Consequent upon dismissal of the aforesaid Writ Petition, the respondents reinstated that the applicants in service, vide order dated 28.04.2017. An extract from the said order is reproduced below:
"The following staff were superannuated on 31.12.14 as per their date of birth recorded in service record.
Now, consequent upon Court's order dated 08.04.2016 in OA No. 350/00293/2015, 350/00294/2915, 350/00295/2015, 350/296/2015 date of birth entries in the service records of the applicants are corrected in accordance with their Matriculation certificate/ School records as mentioned against each. SI. No, Name Earlier recorded | Date of birth to be date of birth corrected as 01 Mod Narayan Singh 01.01.1955 15.05.60 02 Nawal Kishor Singh 01.01.1955 04.01.62 03 Rajeshwar Giri 01.01.1955 02.01.60 04 Brij Bhusan Singh 01.01.1955 14.07.60 Accordingly, they are there to be re-instated in service. The period from 01.01.2015 to the date of re-instatement is to be treated as 'dies-non', as approved by the competent authority.
Vee, Sd/-
4 00a. 350.01786, 1785 & 1784 of 2018 For Sr. Divi. Personnel Officer Eastern Railway, Asansol"
?. We have heard the Ld. Counsel for both the sides and have considered the material on record, g. The respondent authority have complied with the orders of this Tribunal in O.A. No. 350/06294/2015 dated 08.04.2016, vide their aforesaid Officer order, TRere is no further cause of action.
9, Accordingly, the O.A. is disposed of. There will be no order as to costs, {Rajnish Kumar Rai) {Anindo Majumdar) Judicial Member Administrative Member Drh