Central Administrative Tribunal - Kolkata
Bikash Patra vs Eastern Railway on 14 June, 2019
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CENTRAL ADMINfSTRATfVE TRIBUNAL
CALCUTTA BENCH
CALCUTTA
No.O.A.350/333/2013 Date of order: 14.06.2019
M.A.350/407/2014
Coram : Hon'ble Mr. Justice L. Narasimha Reddy, Chairman Hon'ble Dr.(Ms.) N. Chatterjee, Administrative Member BIKASH PATRA AND OTHERS VS.
UNION OF INDIA & OTHERS(Eastern Railway) For the applicant : Mr. C.S. Bag, counsel For the respondents : Mr. A. Ganguly, counsel 0 R D E R(ORAL) Mr. Justice L. Narasimha Reddy. Chairman It is unfortunate that without even knowing the basis of their claims for absorption, the applicants instituted several proceedings resulting in consumption of the time of the Tribunal and of various authorities.
2. The applicants claim to have been engaged as Volunteers to check the tickets of the passengers, in the Eastern Railway, way back in 1993. Ever since then they went on making representations and instituting proceedings, one after the other, claiming the relief of absorption in the service of Railways. Earlier the appiicants filed O.A.No.347/2006 before this Tribunal and it was disposed of on •V-.r .
. / 2 17.11.2008 with direction to the respondents to verify the documents submitted by the applicants. The Railways filed Review Application and the applicant filed M.A. and contempt petition in the matter. w l Ultimately, in compliance of the directions issued by this Tribunal the 'C respondents verified the documents submitted by the applicant, and i
-I through an order dated 26.02.2010 the respondents informed the applicants that they could not submit original pay vouchers containing their names, and accordingly their claims are rejected; The said order is challenged in this O.A. i
3. The applicants contend that they produced the photocopies of the relevant documents and at this length of time it is not possible for them to file the originals.
4. The respondents filed reply opposing the O.A.. It is stated that the applicants failed to satisfy the authorities about the genuineness of i their claim and accordingly the impugned order was passed on 26.02.2010 furnishing the details.
5. We heard Mr. C.S. Bag, learned counsel for the applicants and Mr. A. Ganguly, learned counsel for the respondents.
6. It was way back in the year 1993, that the applicants are said to have been engaged as Ticket Checking Volunteers in the Eastern Railway. Except the copy of a certificate said to have been issued by an authority, no other order/document is placed to show that they were engaged as Ticket Checking Volunteers. In compliance with the 3 direction issued by the Tribunal, verification was done and ultimately it was observed as under:-
"Accordingly, I have concluded that the alleged Photo Copies of Pay Orders as produced before me in person by the 77 nos petitioner on 05-11-2009 & 06-11-2009 are not genuine and no payments were made to the 77 petitioners under these pay orders to reveal that they ever worked as TC Volunteers.
Hence, the claim and contentions of the 77 nos. petitioners, who were allowed a last chance by the Hon'ble Tribunal in its order dated 24-07-2009 in IV).A.No.232 of 2009 arising out of O.A.No.347 of 2006, Malay Chakraborty & others - vs-U.O.I & others, is rejected without prejudice to rights and contention of the parties involved in the process."
7. Even if the applicants were engaged as Ticket Checking Volunteers in the Eastern Railway for some time, that does not confer any right upon them, to be absorbed in the Railways. The applicants are not able to place before us, any circular or provision of law that enables the Railways to absorb the volunteers. One circular dated 15.03.2005 is placed before us which deals with the method of payment of remuneration to the volunteers if engaged. Not a word is said in it, about the absorption of the volunteers into the service of the Railways.
8. We do not find any merit in the O.A. and it is accordingly dismissed. Consequently the M.A. which has been filed for addition of parties also stands dismissed. There shall be no order as to costs.
(Dr. N. Chatterjee) (Justice L. Narasimha Reddy) Administrative Member Chairman sb