Central Administrative Tribunal - Kolkata
Shiba Prasad Ghosh vs Eastern Railway on 4 September, 2018
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iA
CENTRAL ADMINISTRATIVE TRIBUNAL
CALCUTTA BENCH
No. OA. 893 of 2001
Present: Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. NanditaChatterjee, Administrative Member
Shiba Prasad Ghosh, son of late Santosh Kumar
Ghosh, residing at 83B,Kaiser Street, Kolkatá-
700009.
Hari Shankar Roy, son of late Satyendra Nath
Roy, residing at 188/A, Pursree, P.O. Chander-
Nagore, District- Hoogly.
Karnadhar Koley, son of late Gangadhar Koley
Residijig4t4B1flga Kuthi, G.T. Road, P.O. Rajbati,
A
a,'c of late Rameswar Saha,
Re , ev ad, Mandir para, P.O.
Bir , 0513
A)
L)
n at o son of late Khage.sh
yj s ing at Sri Ramkrishna
er B.P. M.P. Sarani, Flat
No. , . rakali, District- Hoogly.
Tarak Nath Ganguly, son of late Hrishikesh
Ganguly, residing at 8/G, U.C. Ghoshal Lane,
P.O. Konnagar, District- Hoogly.
Raghu Nath Chakraborty, son of late Dwijendra
Nath Chakraborty, residing at 30/1/1, M.L.P. Road
P.O. bally, District- Howrah.
Pradip Kumar Chatterjee, son of late Satyendra
Nath Chatterjee, residing at7/B, Bhaduri para
Lane, Chantra, Serampur, District- Hoogly.
Ziaur Bahaman, son of late Md. Shafique, residing
At T/13/F, Kumedan Bagan Lane, Kokata- 700 016.
2
All are working as Traffic Inspector in the office of
the Eastern Railway under Respondent no. 4.
Applicants.
-versus-
Union of India, through the General Manager,
Eastern Railway, Fairlie Place, Kolkata- 700 001.
General Manager, Eastern Railway, Fairlie Place,
Kolkata- 700 001.
Chief personnel Officer, Eastern Railway, Fairlie
Place, Kolkata- 700 001.
Chief Operations Manager, Eastern Railway,
Fairlie Place, Kolkata- 700 001.
son of late
kraborty, Traffic Inspector
/Ma
in\he capacity of Traffic
Movement,
ist- 4giy.
0)
C-)
abinK h terjee, son of late Sanjt
./,
working in the capacity of
e r/Hd. O.rs•., Eastern Railway,
Traffic, Planning Section, Fairlie Place, Kolkata-
700 001.
7. Sri Prabir Ku mar Bhowmick, son of late Jogendra
Lal Bhowmick, residing at Bikrarfl Nagar, Bandel
Station Road, Bandel, District- Hoogly, working
In the capacity of Traffic inspector/Hd. Qrs.
Eastern Railway, Fairlie Place, Calcutta- 700 001.
8. Sri Ranjit Kumar Mukherjee, son of late Amritlal
Mukherjee, residing at Village- Goipur, P.O.
Gabar Danga, Dist- 24 PGS(N), working in the
Capacity of Traffic lnspector/Hd. Qrs., Eastern
Railway, Fairlie Place, Kolkata- 700 001.
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9. Sri Prakash Chandra Ghosh, working in the
capacity of Traffic Inspector/Hd. Ors., Eastern
Railway! Military Movement, Fairlie Place,
Kolkata-700 001.
Respondents.
For the Applicant : Mr. P.C. Das, Counsel
For the Respondents : Mr. S. K. Das, Counsel
Heard on 28.08.2018 Date of Order: 04.09.2018
ORDER
Per Ms..Bidisha Banerlee, Judicial Member:
,7iStra> We noticed that the ati J,sAs earlier by this Tribunal on dO 09.11.2006 and or reman iiee - fr The case of the applicants in a nutshell is that They figured in a selec ontained in Annexure A-i to the O.A. on being found suitable for of Tl/HQ(Line Group) in scale of Rs.
1400-2300/-(R. P.), held on 08.07.1990 and 14.07.1990 (Written Test) and.
31.08. 1990and 0,7.09.1990 (viva-voce). The select list is as under:
TSI. No. Name Desig Division
Sri P. N. Roy Tl/HQ DHN
Sri S. C. Gangopadhyay Vo-
Sri SN. Sarkar SM ASN
Sri S.K. Roy Tl/HQ DHN
Sri S. R. Banerjee SM ASN
6: Sri Samit Roy Tl/HQ ASN
/4
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From the said list, it is evident that the applicants figured at Sri. No. 4,7,12, 13, 14, 15, 16, 17, 18 and 19. The panel was provisionally prepared subject to o. 1401/1404 (M) of 1979 and dismissal of following Civil Mis proved by the competent Writ Petition (Civil) No. 10 I' authority on 04.12.1990. 1 gh they qualified for the The grievanCe of th\a ey were once again called for promotion to Tl/HQ vide order selection for formation of panel TI (M) in the scale of Rs. 6500-10500/- (RSRP).
Therefore, instead of appearing they chose to prefer this O.A. seeking reliefs as under: -
"8(a) An order directing the respondents, their agents, subordinates and successors to forbear from giving effect or further effect to the impugned promotional orders in Annexure "N" and the seniOrity list dated 3.10.97 (with annexure) dated 25.9.97 and the impugned orders dated 4.6.2001 and 6.6.2001 inAnnexure "0." and "S"
respectively and the impugned Memo o. E. 834/0/T&HO/0Pt9. /Avenue dated 6.6.2001 and the impugned memo dated 4.7.2001 in Annexure "U" and "V" respectively;
G/ and successors to extend the promotional benetit to tne dppUø"
on the basis of the panel published on 18.12.90 in Annexure "A" and theenal published on 4.11.92 in Annexure "G" and to extend the p proniotional benefits strictly as per the circular of Railway Board
-dated 5.2.3 in Annexure "H" w.e.f. 1.3.93 with retrospective effect;
An order directing the respondents, their agents, subordinates
(c) and successors by quashing the impugned seniority lists dated 14.111-1996 and 3.10.97 in Annexure "N" and "P" respectivelY and the impugned orders dated 4.6.2001 and 6.6.2001 in Annexure "a" and "5" respectively and the impugned Memo No. E. 8340/T&HQJOptd/Avenue dated 6.6.2001 and the impugned memo respectively and by granting datd 4.7.2001 in Annexure "U" and "v"
the )ther r&iefs as prayed for hereinabove;
To grant leave under Rule 4(5)(a) of the Central Administrative
(d). I Tribunal (Procedure). Rules, 1987 to the applicants to prefer the instant application jointly since the cause of action and the reliefs, as prayed for, are identical in nature;
I _
'-•. st licants who were empanelled
To give pri'f h of all
acts of selection upto the
as Tl(M) beforV .9
with retrospective effect
grade of Rs.
esIhe respondent no. 3 had
w.e.f.1.3.93 s1er
rotdI
prcmoted th irini
the re flI, their agents, subordinates
An orde di
b ifect or further effect to the
an8 successors t
eing Annexure "W" and from
impugned memo
cohducting any fresh sel ?ctlon and from preparing any fresh panel;
To pass such other or further order or orders as to the Hon'ble
(g) Tribunal may deem fit and proper;"
The .resondents have claimed that the applicants were not entitled to
2. relief because he TI posts was declared ex-cadre with effect from 01.11.1985 and therefore acttal cause of action arose in 1985 due to rhich the present OA was hopelessly te barred. .17, 6
The respondents have further clarified that the incumbents who held the
3. post of TI had their lien in the parent division/unit. The Railways, vide their letter dated 27.01.199, ordered restructuring of certain posts and in order to grant benefit of such restructuring TI was en-cadred and the effect of restructuring was accorded in accordance with Railway Board's order dated 27.01.1993. Further that one Q.A. 1307 of 1999 came to be filed before the Tribunal for implementation Of a decision taken in a PNM Meeting and this Tribunal ordered the respondents to take action as per such decision as contained in the letter dated 17.05.2000. The subject matter of the letter dated 17.05.2000 was as under:
"Reg : Seniority oft ar ovement of Hd. Os.
Cli
(
Sub: PNMlte 0.
ie s and consultation of the
1. kfter car .ex
s uestin and. other documents etc.,
service re
at •y re red earlier basing on the
it is seen
/ grade of Rs. 1400-23200/-(
principle of I
Rs. 5000-8000 ce to the interest of all the Tis
due to the fact th them have been inducted in the
intermediate grades i.e. in the grade of Rs. 1600-2660/-(RS. 5500- 9000/-) and Rs. 2000-3200/- (Rs. 650010500/).
2. In order to ensure natural justice and compliance of extant rules regarding seniority, it is decided that seniority of this cadre be re- cast on the basis of substantive position of the Inspectors in their respective divisions as on 28.02.93 and this exercise has been done to find out the seniority position on the basis of this principle by obtaining required information from the various divisions and the same is available in taiulation form. It is seen that the same does not involve too ma'ny changes in the seniority position and is quite reasonable and according to rules. Therefore, this seniority list is to be adopted for further action in respect of promotion and restructuring.
' 7 However, the incumbents who have joined as TI in, Hd. Qrs. After 01.03.93 on ad-hoc measures, would be repatriated back to par.nt units and posts filled up again by calling for options."
espondents have averred that upon due consideration in terms of the The r order, new, senidrity list was drawn up on 04.06.2001 where the applicants were included.
The respondents alleged that none of the applicants represented against
4. the seniority list dated 04.06.2001 and as such, Id. Counsel for respondents would vociferously urge the applicants were estopped from claiming otherwise.
used the materials placed S. We heard Id. Counsel for b on record.. IN at this Tribunal vide order The respondents hadub H dated 22.08.201 permittt 64 in the suitability test but they chose no to appear.
Be that as it may, we noticed that vide the seniority list dated 4.06.2001, seniority was recast but the applicant, Shri S. P. Ghosh with date of working as TI/HO as 06.06.80 figured below Rattan Chakraborty whose date of working as TI/HO was 0.01.91. Therefore a junior in terms of date of entry in TI figured above a. senior.
0p Since such discrepancy is incomprehensible, we dispose of the O.A with a r 8.
direction Upon the respondent authorities to justify such arrangement and pass appropriate reasoned and speaking order within 3 months with communication to the applicant forthwith. No costs.
/d' -
Bidisha 8ar1'rjee
Nandita ChIterjee
Member(J)
Member (A)
M
e