Central Administrative Tribunal - Jabalpur
Smitalisa Das vs M/O Railways on 18 September, 2019
1 OA 203/00293/2019
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CIRCUIT SITTING : BILASPUR
Original Application No.203/00293/2019
Bilaspur, this Wednesday, the 18th day of September, 2019
HON'BLE MR. NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE MR. RAMESH SINGH THAKUR, JUDICIAL MEMBER
Smitalisa Das, D/o Shri Sarad Das aged about 30 years,
presently working as Jr Clerk, o/o CCM/SCER/BSP r/o
Kasimpara Near Torwa, Bilaspur Chhattisgarh 495004, Mobile
No.7869964277 -Applicant
(By Advocate - Shri A.V. Shridhar)
Versus
1. Union of India through General Manager, South East Central
Railway, New GM Building, Bilaspur, Chhattisgarh 495004.
2. General Manager, East Coast Railway, Chandrasekharpur,
Bhubaneswar (Odisha) - 751023.
3. Principle Chief Personnel Officer, South East Central
Railway, Bilaspur (C.G) 495004.
4. Sr. Divisional Personnel Officer, East Coast Railway,
Khurdaroad (Odisha) - 752050.
5. Chief Commercial Manager, South East Central Railway,
Bilaspur (C.G) 495004.
6. Smt. Jaya Bharathi B., Jr Clerk O/o Sr DCM/East Coast
Railway, Khurda Road (Odisha) 752050.
7. Rashmita Sahoo, Jr Clerk, O/o Principle Chief Personnel
Officer, South East Central Railway, Bilaspur (C.G) 495004.
-Respondents
(By Advocate - Shri Vivek Verma for respondents Nos.1 to
5 and Shri B.P. Rao for respondents Nos.6 & 7)
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2 OA 203/00293/2019
O R D E R (O R A L)
By Navin Tandon, AM.
The applicant is working as Junior Clerk with respondent No.5. She had applied for Inter Railway Mutual Transfer (IRMT) with respondent No.6. However, the same was not processed in view of the deficiency as communicated vide letter dated 30.08.2016 (Annexure A-1).
2. The applicant has sought for the following reliefs:
"8. RELIEF SOUGHT:
In view of the above referred facts and grounds the applicant prays for the following relief's: 8.1 That the learned Tribunal may kindly be pleased to call the entire records pertaining to the case of the applicants.
8.2 That the Hon'ble Tribunal may kindly be pleased to direct the respondents SECR to conduct the typing test for the applicant.
8.3 That the Hon'ble Tribunal may kindly be pleased to direct the respondents SECR and ECoR to process the IRMT application of the applicant and the respondent No.6 within a set time frame.
8.4 That the Hon'ble Tribunal may kindly be pleased to hold the IRMT application of the respondent No.6 and respondent No.7 is nonest being in violation of RBE No.53/2006 and RBE No.200/2009.
8.4 Cost of the petition be awarded to the applicant. 8.5 Any other relief which the learned Tribunal deems fit and proper may be awarded."
3. During the pendency of this O.A, the applicant appeared for the third time for the typing test on 11.05.2019, but she was Page 2 of 3 3 OA 203/00293/2019 declared failed vide Office Memorandum dated 07.06.2019 (Annexure R6-7/2).
4. Reply has been filed on behalf of respondents Nos.6 & 7. It is the case of respondents Nos.6 & 7 that respondent No.6 has already passed the typing test at Khurda Road (East Coast Railway), whereas the applicant has failed to do so. Therefore, IRMT between applicant and respondent No.6 is not possible. Respondent No.6 has also submitted IRMT application with respondent No.7 and both respondents Nos.6 & 7 have cleared the typing test and both of them are eligible to be considered for IRMT.
5. In view of the fact that the applicant has failed to pass the typing test on the third occasion and has not been confirmed as a Junior Clerk, therefore, as per the extant rules, her application for Inter Railway Mutual Transfer cannot be considered.
6. Accordingly, the O.A is dismissed being devoid of merits. No costs.
(Ramesh Singh Thakur) (Navin Tandon) Judicial Member Administrative Member am/-
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