Central Administrative Tribunal - Kolkata
Gyanendra Kumar vs N.F.Railway on 29 June, 2022
CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A. No. 360/993/2022 Date of Order! 29.06.2092 M.A. No, 350/0385/2022 7 | Coram: Hon'ble Ms, Bidisha Banerjee, Judicial Mamber Hon'ble Dr. (Ms,) Nandita Chatterjee, Administrative Member
1. GYANENDRA KUMAR, son of Rama Shankar Prasad Gupta, aged about 38 years, working as Loce Pilot Goods at NJP, APDJ Division, North Frontier Railway, residing at Flat No 2/C,. Classic Abasan, South Danjeeling Deshbundhu Para Siliguri, West Bengal-734007. (M):
8584024697, Email ld:
gyary 1422atlobby@gmall. com
2. ARUN KUMAR PASWAN, son of Raj Kishore Paswan, aged about 38 years, working as Loco Pilot Goods at NJP, APDJ Division, North Frontier Railway, residing at Arobindo Saceity, Bhaktinagar, West Bengal-734007. (M). 8584024604, Email Id: [email protected]
3. SUSHIL KUMAR SINGH, son of Karan Singh, aged about 43 years, working as Loco Pifot Goods at NUP, APDJ Division, North Frontier Railway, residing at Flat No TC, Classic Abasan, South Deshbundhu Para Siliguri, West Bengal- ~7 34007. (M4):
7908078422, Email Id:
sushillocopilot@gmail. com 4, ARUNNABH SEKHAR, son of Jaidhar Mandal, aged about 42 years, working as Loco Pilot Goods at NJP, APDJ Division, North Frontier Railway, residing at Krishna Apartment, Bhaktinagar, Siliguri, West Bengal-734007. (M) 8584024707, [email protected] _ Apmica nts "VERSUS-
1. UNION OF INDIA, service through the General Manager, North East Frontier Railway, Maligaon, Guwahati, Assam-
7FOIOTT..
2, THE OFFICER Railway, CHIEF North PERSONNEL East Maligaon, Frontier ' Guwahati, Assam-781017.
3. THE DIVISIONAL RAILWAY MANAGER, North-East Frontier Railway, Alipurduar Junction, P.O, Alipurduar, District Jalpaiguri, West Bengal, Pin- 736123.
4. THE SENIOR DIVISIONAL PERSONNEL OFFICER, North-East Frontier Railway, Alipurduar Junction, P.O. Alipurduar, District Jalpaiguri, 736123. West Bengal. ,
5. THE SENIOR DIVISIONAL MECHANICAL ENGINEER, North East.
Frontier Railway, Alipurduar Junction, P.O- Alipurduar, District Jalpaiguri, 736123. :
West Bengal, Pin
6. NARENDRA KUMAR, Loco Pilot Goods, C/o CLINC/APDJ at NUP Railway Station, New Jalpaiguri, Post Office Bhaktinagar, Siliguri, 734007. .
7. RAJESH KUMAR 1, Loco Pilot Goods, C/o CLIAIC/APDJ at NJP Railway Station, New Jalpaiguri, Post Office Bhaktinagar, Siliguri, 734007.
8. SHYAM PASWAN, Loco Pilot Goods, Clo CLINC/APDJ at NJP Railway Station, New Jalpaiguri, Post Office Bhaktinagar, Siliguri, 734007 keene Respondents For The Applicant(s): Mr. B. Chatterjee; Counsel For The Respondent(s): None ORDER(ORALD Per: Ms. Bidisha Banerjee, Member (J) | Heard Ld. Counsels for the applicant.
M.A./0385/2022 filed under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed. The applicants are allowed to pursue the remedy jointly. Parties to bear their individual court fees (postal order/DD).
None appears on behalf of the respondents despite notice. None appeared even on 21.06.2022. Therefore, Rule 16(1) of CAT (Procedure) Rules, 1987 is invoked and this matter is taken up for disposal.
2. This application has been preferred to seek the following relief:
"(a) An order do issue directing the respondent authorities to rectify the Seniority List dated 01.01.2022 considering the appropriate period of Service of the applicants;
(b} An order directing the respondents to consider the representation of the applicants dated 29.04.2022;
(c) An order directing the respondent authorities to produce/cause production of relevant documents as deemed necessary for the purpose of proper adjudication of the case;
(d) Costs;
(e)Any other or further order or orders or direction as to Your Lordships may deem fit and proper." -
3. The applicants are working in the post of Loco Pilot Goods/APDJ Division, North Frontier Railway and are aggrieved with the seniority lists - dated 31.10.2012, 01.01.2019 and that dated 01.01.2022. The applicants have preferred a representation to that effect which remains pending with the | respondent authority till date.
At hearing, Ld. Counsel for the applicant would make an innocuous prayer that a direction may be given upon the competent respondent authority to consider the representation dated 29.04.2022 preferred by the applicants (annexed at Annexure A-7 to the O.A.)
4. We have noted that no adverse order is under challenge and seeking identical relief, and, the applicants have already preferred a representation (annexed at Annexure A-7 to the O.A.), seeking consideration of his appeal which remains pending with the authority. As no fruitful purpose would be served by calling for a reply in this matter, unless the representation is decided | upon by the competent authority, we dispose of this O.A. with a direction upon the competent authority to consider the said representation dated 29.04.2022 (Annexure A-7 to the O.A.) pending with them to decide the claim of the applicants within 3 months from the date of receipt of a copy of this order.
5. It is made clear that we have not entered into the merit of this matter and, therefore, all points are kept open for consideration.
6. The O.A., accordingly, stands disposed of. No costs.
4a bed a yee i e ty te oa ad ise;
Seated (Nandita Chatterjee) . (Bidisha Banerjee) Member (A) Member (J) Us