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Central Administrative Tribunal - Jaipur

Ram Gopal Yadav vs M/O Railways on 30 July, 2019

OA NO. 291/712/2015                                           1


              CENTRAL ADMINISTRATIVE TRIBUNAL
                   JAIPUR BENCH, JAIPUR



       ORIGINAL APPLICATION NO. 291/712/2015



                              DATE OF ORDER: 30.07.2019

CORAM

HON'BLE MR. SURESH KUMAR MONGA, JUDICIAL MEMBER
HON'BLE MR. A. MUKHOPADHAYA, ADMINISTRATIVE MEMBER

  1. Ram Gopal Yadav son of Shri Kailash Prasad Yadav, aged
     about 48 years, resident of 196, Janakpuri, Mala Road,
     Kota Junction.
  2. Jagdish Choudhary son of Shri Itwarilal, aged about 49
     years, resident of A-17, Ravi Vihar, Mala Road, Kota
     Junction.

                                                  ....Applicants
Mr. Pawan Sharma, proxy for
Mr. Ashok Bansal, counsel for applicants.


                            VERSUS


1. General Manager (Personnel), Headquarters, Western Central
   Railway, Jabalpur.
2. Divisional Railway Manager (Personnel), West Central
   Railway, Kota.

                                               ....Respondents
Mr. R.G. Khinchi, counsel for respondents.


                          ORDER (Oral)

Per: Suresh Kumar Monga, Judicial Member At the very outset, learned counsel for the applicants submitted that the matter is squarely covered by an order dated 13.11.2018 passed by this Bench of the Tribunal in O.A. No. 235/2012 (Jagdish Kumar Bulchandani & Anr. vs. Union of India & Anr.). He further submitted that against the said order, the respondents/Union of India filed D.B. Civil Writ Petition No. OA NO. 291/712/2015 2 4330/2019 which has also been dismissed by the Hon'ble High Court of Rajasthan at Jaipur Bench on 26.03.2019. The fact that the matter is squarely covered by the order dated 13.11.2018 passed in O.A. No. 235/2012 (supra) has not been disputed by learned counsel for the respondents.

2. In view of the above, the present Original Application is disposed of with a direction to respondents to revisit the order dated 19.09.2011 (Annexure A/1) and pass a reasoned and speaking order in the light of order dated 13.11.2018 passed by this Tribunal in O.A. No. 235/2012 (supra), which has further been affirmed by the Hon'ble High Court of Rajasthan at Jaipur vide order dated 26.03.2019 passed in D.B. Civil Writ Petition No. 4330/2019. Before taking any decision in the matter, the applicants shall also be afforded an opportunity of hearing. The whole exercise shall be undertaken within a period of two months from the date of receipt of a certified copy of this order.

3. Ordered accordingly. No order as to costs.

  (A. MUKHOPADHAYA)                    (SURESH KUMAR MONGA)
ADMINISTRATIVE MEMBER                    JUDICIAL MEMBER




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