Central Administrative Tribunal - Chandigarh
Prem Singh vs Northern Railway on 7 September, 2022
1- O.A. No. 060/709/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Original Application No.060/709/2022
Chandigarh, this the 07th day of September 2022
HON'BLE SH. RAMESH SINGH THAKUR, MEMBER (J)
Prem Singh aged about 34 years, S/o Late Sukha Singh R/o
Village Churan Kalan, District Sangrur.
....Applicant
(BY: Sh. Anil Rana for Sh. Gopal S. Nahel, Advocate)
Versus
1. Union of India through its Secretary, Ministry of Railways,
Govt. of India, Rail Bhawan, New Delhi.
2. Chairman, Ministry of Railways, Railway Board, New Delhi.
3. Divisional Railway Manager, Northern Railway, Delhi.
4. Senior Divisional Personnel Officer, DRM Office, Northern
Railway, Delhi.
5. Divisional Personnel Officer, DRM Office, Northern Railway
Delhi.
... .Respondents
(BY: Sh. Sanjay Goyal, Advocate)
O R D E R(Oral)
Per: RAMESH SINGH THAKUR MEMBER (J):-
1. Heard.
2. Issue notices to the respondents.
3. Sh. Sanjay Goyal, learned Sr. Central Govt. Standing Counsel, accepts notices.
4. This Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 2- O.A. No. 060/709/2022 1985 praying for issuance of a direction to the respondents to consider the legal notice dated 22.02.2022 (Annexure A-7) pending with the respondents.
5. Learned counsel submits that the father of the applicant was working as Tech Gr.II C & D DEE with the respondent department, who expired on 28.04.2012 leaving behind the applicant (son) and his wife Kamlesh Kaur, two other sons namely Tarsem Singh & Yadwinder Singh and one daughter Dhanjeet Kaur. Thereafter, Yadwinder Singh, the younger brother of the applicant was appointed on compassionate grounds as Tech. C & W At DEE. Unfortunately, Yadwinder Singh met with an accident on 01.11.2016 and expired. It is also submitted that the younger brother of the applicant Yadwinder Singh was unmarried. The applicant approached the respondents with an application to consider his case for appointment on compassionate grounds which was rejected by the Office of Divisional Personnel Officer, New Delhi vide letter dated 03.02.2017, on the ground that the brother of the applicant was unmarried and had not left behind any dependant.
6. Learned counsel further submitted that the applicant again wrote a letter dated 30.03.2017 followed by another dated 11.09.2017 to the Senior Divisional Personnel Officer, Northern Railway, Delhi to reconsider 3- O.A. No. 060/709/2022 his claim for appointment on compassionate grounds, which was again rejected on the same ground vide letter dated 15.09.2017. The applicant then approached the Chairman, Ministry of Railways, Railway Board, New Delhi to consider his case for compassionate appointment vide letter dated 30.10.2017. Thereafter, General Manager (P) wrote a letter dated 09.11.2017 to the Divisional Railway Manager, Northern Railway, Delhi to re-examine the case of the applicant and take necessary action. However, no response has been received by the applicant.
7. Thereafter, the applicant got served a legal notice dated 22.02.2022 upon the respondents which has not been replied till date. Learned counsel submitted that the applicant will be satisfied if the Original Application is disposed of with a direction to the respondents to treat the legal notice dated 22.02.2022 as a fresh representation and to consider and decide the same within a stipulated period. Learned counsel for the respondents does not object to the disposal of the Original Application in the above manner.
8. In view of the above, we are of the opinion that the ends of justice will be met if the Competent Authority (Respondent No. 3) is directed to decide the legal notice (Annexure A-7) in a time bound manner.
4- O.A. No. 060/709/2022
9. Resultantly, the Divisional Railway Manager, Northern Railway, Delhi (Respondent No. 3 herein) is directed to consider the legal notice dated 22.02.2022 (Annexure A-
7) as a fresh representation of the applicant and decide the same within a period of eight weeks after the receipt of the order.
10. Needless to state that the Competent Authority shall pass a reasoned and speaking order on the claim of the applicant while dealing with all the contentions raised in the legal notice (Annexure A-7).
11. With the above observations, the Original Application is disposed of.
12. Applicant is directed to make available a copy of the order of this Tribunal as well as a copy of Original Application to the Competent Authority.
13. It is made clear that no opinion has been expressed on the merits of the case.
(RAMESH SINGH THAKUR) MEMBER (J) 'mw'