Central Administrative Tribunal - Delhi
Y.S. Chaudhary S/O Sh. Ram Rup Chaudhary vs Ministry Of Railways Through on 21 January, 2010
Central Administrative Tribunal
Principal Bench
OA No. 28/2008
New Delhi, this the 21st day of January, 2010
Honble Mr. Justice V.K. Bali, Chairman
Honble Mr. L.K. Joshi, Vice Chairman (A)
1. Y.S. Chaudhary s/o Sh. Ram Rup Chaudhary
R/o C-104, Rail Vihar, Sector-3,
Vasundhra, Ghaziabad (UP).
Working as Dy. Chief Engineer(Construction),
Tilak Bridge, New Delhi.
2. S.R. Madke s/o Sh. Mahadeo Madke,
R/o K-01, Kavi Nagar, Ghaziabad (UP).
Working as Dy. Chief Engineer/General
Kashmere Gate, Delhi.
3. Anal Kumar Bhowmik s/o Sh. A.K. Bhowmik
R/o Qtr. No.1-H, Rly. Officers Colony,
New Aliput, Calcutta-38.
Working as Secy. To Pr. Chief Engineer, E.Rly.,
Kolkatta.
4. B.K. Poddar s/o Radharaman Poddar,
R/o 51/A, Adarsha Colony,
Maligaon Guwahati,
Working as Executive Engineer/BD, NF Fly Way
Guwahati.
5. S.K. Roy s/o late N.B. Roy,
R/o RB-IV 367/1, Officers Colony,
Civil Lines, Jabalpur, M.P.
Working as Executive Engineer,
WCR, Jabalpur, M.P.
6. K.K. Jain s/o Sh. V.K. Jain,
R/o E/69, Near Anwar Ganj Rly. Station,
Kanpur, UP.
Working as Dy. Chief Engineer/Planning & Design,
North-East Railway, Gorakhpur, UP.
7. D.K. Ghulani s/o Sh. Din Dayal
R/o FB-109, Mansarovar Garden,
New Delhi, Working as Executive Engineer/
Planning & Design, Headquaretrs Office,
Baroda House, New Delhi.
8. Rana Bandyopadhyay s/o Sh. S.K. Banerjee,
R/o Qtr. No.89, Ist Floor, Kanchrapara
(West Bengal) 743 145
Working as Divisional Town Engineer/E.Rly,
Kanchrapara.
9. Pallabh Phouzder s/o Sh. J.C. Phouzder,
R/o Flat 2-J, Officers Colony,
New Alipur, Kolkatta 38.
Working as Dy. Chief Engineer/Con./PRD
E. Rly. Kolkatta.
10. Ashwini Kumar Mondal
S/o Sh. D.C. Mandal,
R/o Qtr. -1168/D, Yule Road,
Assansol, West Bengal,
Working as DEN/Bridge, Assansol.
11. Devasish Baksi s/o Sh. S.K. Bakshi,
R/o B-39, Amravati P.O. Sodepur,
Kolkatta. Applicants
(By Advocate: Mr. Mahabir Singh, Senior Advocate with
Mr. C.D.Singh, Mr. Rakesh Dahiya and
Mr. Sunny Chaudhary)
Versus
Ministry of Railways through
Secretary,
Railway Board, Rail Bhawan,
New Delhi. Respondents
(By Advocate: Mr. V.S.R. Krishna)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
Insofar as Association of the applicants is concerned, it lost its cause upto the Honble Supreme Court when SLP was dismissed in limine, vide orders dated 29.01.1995. It is the case of the applicants that a view in favour of the applicants has now been taken by Honble Supreme Court in its judgment passed in Civil Appeal No 92 of 1997 decided on 23.09.2002 in the matter of Indian Railways Class-II Officers Fedn. & Anr. V/s. Anil Kumar Sanghi & Ors. The pertinent reliance by the counsel representing the applicants on the judgment of the Honble Supreme Court is to the following findings/observations:-
The provision for variation of percentage from time to time in case of necessity is for all practical purposes equivalent to the power of relaxation. There is no particular reason why the Class II promotee office of S&T department should be treated differently from the same category in Traffic department. The application of such different standards could very well be avoided by giving a wider meaning to the expression varied from time to time. Whether it be variation or relaxation, it is meant to provide a leeway for adjustment in exigencies of service which is very much necessary in administrative interest and to cope up with unforeseen contingencies.
2. When confronted with the position that this Tribunal may not be able to take a view different to the one taken in an S.L.P. of 1995, and particularly when the matter has been settled by the Honble Supreme Court, counsel representing the applicants seeks permission to withdraw this Original Application with liberty to seek review of the judgment of Honble Supreme Court dated 29.01.1995 or to take such appropriate remedies as may be permissible under the law.
3. With leave and liberty, as prayed for, this Original Application stands dismissed as withdrawn.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/