Central Administrative Tribunal - Delhi
Kapil Dev vs Nothern Railway on 12 September, 2024
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Item No. 117/ C- IV O.A. No.1380/2023
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.1380/2023
This the 12th day of September, 2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Kapil Dev, Aged- 35 Years,
S/o Sh. Rajinder Singh,
Retired from the post of Chief Reservation Supervisor
Resident ofF-85, AimlFazal Enclave-I,
Jamia Nagar, Okhla, South Delhl.-110025
...Applicant
( By Advocates : Mr. Yogesh Sharma )
Versus
1. Union of India through the General Manager,
Northern Railway, Baroda House, New Delhi -01
2. The Divisional Railway Manager,
Northern Railway, Delhi Division,
State Entry Road, New Delhi-06
3. The Sr, Divisional Electrical Engineer
(Sr.DEE/TRD)
DRM office; Northern Railway, Delhi Division,
State Entry Road, New Delhi. -06
...Respondents
(By Advocate : Ms. Sangita Rani)
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Item No. 117/ C- IV O.A. No.1380/2023
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) The present Original Application (OA) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to re-fix the pay of the applicant by granting notional increment during the intervening period between 18.1.2020 to 21.1.2022, fix the seniority of the applicant and consider the promotion as per rules, as per the DRM office order dated 21.1.2022 at an early date with all the consequential benefits.
(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.."
2. At the outset, learned counsel for the applicant states that pursuant to the decision dated 01.12.2021 in W.P. (C) No. 3577/2021, titled Kapil Dev versus Union of India and Anr., the applicant has been reinstated back to service and has been granted notional benefits and fixation of pay. However, the only issue remains to be adjudicated in the present matter is fixation of seniority qua his immediate junior as well as promotions, if any, in accordance with law. 3 Item No. 117/ C- IV O.A. No.1380/2023
3. Per contra, learned counsel for the respondents vehemently opposes the grant of relief in the matter and reiterates the averments made in the counter affidavit.
4. In view of the limited prayer made by the learned counsel for the applicant, we dispose of the present OA by directing the respondents to grant seniority to the applicant to his immediate juniors and accordingly pass appropriate order. Consequential benefits shall follow.
5. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
6. We make it clear that so far as the issue of promotion is concerned, we have not entered into the merits of the case.
7. The OA is disposed of in the aforesaid terms.
8. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sm/