Central Administrative Tribunal - Mumbai
Vijay Nagar vs Union Of India on 25 September, 2013
1 O.A. No. 569/2013 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI O.A. No. 569/2013 Date of Decision: 25.09.2013 CORAM : HON'BLE SHRI JUSTICE A.K. BASHEER, MEMBER (J) HON'BLE SHRI R.C. JOSHI, MEMBER (A) 1. Harikesh Bahadur Singh Senior Assistant Loco Pilot, under Sr. Crew Controller, Central Railway, CST, Mumbai 400 001 R/at Flat No. 104, Building No. 9 (Kush), Ayodhya Nagari, Hendrepada, Near Bharat College, Badlapur (West), Thane 421 503, Maharashtra. 2. Bhuvnendra Kumar Loco Pilot Goods, Under Loco Pilot Lobby UP YARD, Kalyan, Central Railway, Mumbai Division, Mumbai 400 001 R/at B/II/1008/16 Waldhuni, Kalyan, Dist : Thane 421 301 Maharashtra. 3. S.R. Yadav Loco Pilot Goods, Under Sr. C.C. UP YARD, Kalyan Central Railway, Mumbai Division, Mumbai 400 001 R/at 303/A, Kalpavriksha C.H.S., Chinchpada, Kalyan (E), Dist : Thane 421 301 Maharashtra. 4. Raj Kumar Yadav Assistant Loco Pilot Under Sr. C.C. Loco Pilot Lobby (Main Line), CST, Mumbai 400 001 R/at 401/A-Wing, Shubham Tower-II, 2 O.A. No. 569/2013 Vijay Nagar, Kalyan (East), Dist : Thane 421 301, Maharashtra 5. Bhagirath Godara Loco Pilot Shunter Under Sr. C.C. Loco Pilot's Lobby Kurla, Central Railway, Mumbai 400 001 R/at 10, Amber Apartment, Barrage Road, Near N.G. School, Badlapur (West), Dist : Thane 421 503, Maharashtra. 6. Mangesh Narayan Pawar Loco Pilot Shunter Under Sr. C.C. Loco Pilot's Lobby Kurla, Central Railway, Mumbai R/at 204/A1 Wing, Siddharth Complex, Opp. New H.P. Petrol Pump, Katrap Road, Badlapur (East), Dist : Thane 421 503, Maharashtra ... Applicants (By Advocate Shri R.G. Walia) Versus 1. Union of India Through Secretary, Railway Board, Rail Bhawan, New Delhi 110 001. 2. The General Manager, Headquarters Office, Central Railway, CSTM, Mumbai 400 001. 3. The Divisional Railway Manager, Office of the Divisional Railway Manager, Central Railway, CSTM, Mumbai Division, Mumbai, State of Maharashtra, Pin Code : 400 001. ... Respondents 3 O.A. No. 569/2013 ORDER (Oral) PER : JUSTICE A.K. BASHEER, MEMBER (J)
Applicants are stated to be working as Senior Assistant Loco Pilots and Loco Pilot Goods in the Running cadre under Central Railway. They have filed this Original Application seeking the following reliefs:
(a) This Hon'ble Tribunal may be pleased to call for the records and proceedings of the case which led to the passing of the impugned order dated 1.9.2010 and after going through its propriety, legality and constitutional validity be pleased to quash and set aside the same.
(b) The Respondents be directed to follow and implement the Railway Board's Letters dated 29.1.2009 and 6.4.2005 while granting promotions in the Loco Running Cadre.
(c) This Hon'ble Tribunal will be hold and declare that in the promotional post i.e. Loco Running Cadre which are non-selection post reserved candidates cannot be accommodated against unreserved post even though they can be promoted on own merit and seniority.
2. It is contended by the applicants that Annexure A-1 order dated September 1, 2010 issued by the Railway Board does not hold the field any more in as much as the office memorandum dated August 10, 2010 issued by the Department of Personnel and Training on the basis of which the 4 O.A. No. 569/2013 Railway Board had issued Annexure A-1 order, has been set at naught by the Punjab and Haryana High Court in Civil Writ Petition No. 13218 of 2009. In the said judgment dated July 15, 2011, the Division Bench has held that the instructions issued by the Department of Personnel and Training in the Office Memorandum dated August 10, 2010 are in direct conflict with the view taken by the Constitution Bench of the Apex Court in M. Nagaraj V/s Union of India (2006) 8 SCC
212.
3. It is also pointed by the learned counsel for the applicants that a Co-ordinate Bench of this Tribunal at Jaipur has followed the above judgment and held that the above Office Memorandum cannot hold the field now. Learned counsel for the applicants has invited our attention to several judgments rendered by the Apex Court on the question of reservation. He submits that the respondents are reportedly proposing to make promotions on the basis of Annexure A-1 order issued by the Railway Board ignoring the judgment of the Punjab and the Haryana High Court and also the order passed by the Jaipur Bench of this Tribunal, pretending as though Office Memorandum of 2010 is still 5 O.A. No. 569/2013 applicable in the matter of promotion.
4. Any how, we do not propose to deal with the above issue any further in view of the submission made by the learned counsel that Annexure A-13 representation has already been submitted by the applicants before respondent no. 3 highlighting the entire gamut of the issue and also bringing to the notice of the said authority the law settled on the point. Learned counsel submits that the applicants are prepared to await the decision that may be taken by respondent no. 3 on the said representation. However, their apprehension is that pending such decision the administration may make promotions overlooking the judgment of the Punjab an Haryana High Court as well as the order passed by the Jaipur Bench of the Tribunal.
5. Keeping in view the entire facts and circumstances of the case and the submissions made by the learned counsel for the applicants at the Bar, we are satisfied that this Original Application can be disposed of with a direction to respondent no. 3 to take a decision on Annexure A-13 without any further delay.
6. Respondent no. 3 shall, therefore, pass an appropriate order on Annexure A-13, strictly 6 O.A. No. 569/2013 on its merit and in accordance with law keeping in view the law laid down by the Punjab and Haryana High Court and all other relevant aspects of the matter, as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this order.
7. Original Application is disposed of in the above terms.
(R.C. Joshi) (Justice A.K Basheer) Member (A) Member (J) sc/n.