Central Administrative Tribunal - Gauhati
Sri Harshit Pathak vs Railway on 18 May, 2023
Item No 1 1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00116/2023
With
Misc. Application No. 040/00054/2023
Date of order: This, the 18th day of May, 2023
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Sri Harshit Pathak
S/o Devendra Prasad Pathak
R/o Plot No. 36 (A. No. 628), RS Enclave
Indra Nagar, Kalyanpur, Kanpur
Uttar Pradesh, Pin - 208026.
...Applicant
For applicant(s): Dr G. J. Sharma
- Versus -
1. The Union of India
Represented by the Chairman
Railway Board, Rail Bhawan
New Delhi- 110001.
2. Railway Board
Through its Chairman, Ministry of Railway
Rail Bhawan, New Delhi, Pin - 110001.
3. General Manager (P)
N.F. Railway, Maligaon
Guwahati- 781011, Assam.
O.A. No. 040/00116/2023
M.A. No. 040/00054/2023
Item No 1 2
4. Railway Recruitment Board, Guwahati
Represented by Chairman
Station Rd, Pan Bazar, Guwahati
Assam 781001.
5. Principal Chief Personnel Officer
N.F. Railway, Maligaon
Guwahati - 781011.
... Respondents
For respondents: Sri R. Hazarika, Addl. CGSC
ORDER (ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
This instant application has been filed by the applicant praying for following reliefs:
"8.1 The Hon'ble Tribunal be pleased to direct the respondents to consider the applicant for appointment against additional and replacement vacancies of H&MI-III(UR category) under CEN No. 02/2019 as done in case of standby/waitlisted candidates of RRB, Guwahati with same cut off marks as the applicant and complete his selection process.
O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 3 8.2 The Hon'ble Tribunal be pleased to direct the respondents to consider the applicant for appointment to the post of H&MI-III(UR category) against additional and replacement vacancies prior to giving scope to the standby candidates of other RRBs under the Railway Board's letters dated 29.08.2022 and 13.01.2023 disregarding any bar therein and complete his selection process under Recruitment Notice (CEN) No. 02/2019.
8.3 Impugned para 4(iv) of Railway Board's letter dated 29.08.2022 and para 4(ii) of Railway Board's letter dated 13.01.2023 be set aside and quashed so far the applicant is concerned.
8.4 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. Today, Dr G. J. Sharma, learned counsel for the applicant has also filed an M.A. No. 54/2023 for addition of prayer after 8.3 in this O.A., by which he has prayed for direction to the respondents to review the standby list dated 08.09.2019 for 2nd document verification in terms of Railway Board's letter dated 26.06.2020 for filling additional vacancies in terms of Railway Board's letter dated 29.08.2022 and 13.01.2023.
O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 4
3. Dr G. J. Sharma, learned counsel has submitted that the Railway Board issued one Centralised Employment Notice (CEN) No. 02/2019 in the official website of RRBs on 04.03.2019 for various paramedical categories including the post of Health and Malaria Inspector Grade III for 289 vacancies. According to him, the applicant had applied for the post of Health and Malaria Inspector Grade III against the RRB Guwahati Notification. In the RRB Guwahati, 15 vacancies were declared for Health and Malaria Inspector Grade III, wherein 9 vacancies were earmarked for UR candidates. The applicant being UR candidate, appeared in the examination i.e. Computer Based Test (CBT). However, he could not secured his position neither in the first list nor even in waiting list. Subsequently, from the communication under RTI, he came to know that, he got the cut off mark of 59.52381 along with another candidate, who also secured the same marks and the other candidate being older in age, was put in the waiting list but the applicant could not be placed even in the waiting list.
O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 5
2. Dr Sharma, further has submitted that the Railway Board had issued a circular dated 29.08.2022 (Annexure - A/1), whereby they have extended the panel under CEN No. 02/2019 beyond two years for filling up of the replacement vacancies as well as additional vacancies from standby /waitlisted candidates available with Railway Recruitment Boards (RRBs). In the para 2 (ii) of the said circular, it has been stipulated that after exhausting the standby/waitlisted candidates available with catering RRB, if there is requirement of Zonal Railway, the same shall be met from other RRBs, catering the requirement of that Zonal Railways. It has been further stipulated in para 4 (iv) of the said circular that the empanelment is to be done to the extent of standby candidates already available with RRBs and no new round of document verification is to be done if demand remains unmet. According to learned counsel, since Railway Board had taken decision to accommodate the candidates from waiting list of other RRBs, where vacancies are still remain after exhausting the concerned RRBs final list as well as O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 6 waiting list, however, as the applicant could not get the chance to be placed in the waiting list, he will lose his chance, if the waiting list panel could not be reviewed. Therefore, this applicant has filed for extension of benefit after quashing of the para 4(IV) of the Railway Board's circular dated 29.08.2022 and also ask for review of standby list as per circular dated 26.06.2020.
3. Sri R. Hazarika, Addl. CGSC for the respondents has raised preliminary objection with regard to the locus standi of the applicant as he has not even placed in the waiting list of RRB, Guwahati. Therefore, there is no question of extension of benefit of the Railway Board's circular dated 29.08.2022 as this has been done as a special case that too for waiting list candidates.
4. Heard both the parties and perused the records, It is admitted fact that the applicant had not been placed even in the waiting list. Since all the 9 vacancies of UR category earmarked for RRB Guwahati has already been O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 7 filled up, he did not get any chance to get appointment. We have perused the Railway Board Circular dated 29.08.2022, wherein it has been categorically mentioned that even after exhausting the waiting list, candidates available with any RRB, if there is requirement of Zonal Railway in other RRB, in that case that can be filled up by the waiting list candidates even from the other RRBs also. Therefore, the basic criteria and contention of the said circular is to be filled up the vacancies by waiting list candidates and since the applicant was not even placed in waiting list, he cannot challenge the stipulation of para 4(iv) of the circular in part, after praying for extension of benefit of the said circular, which is the basic contention of the circular that unfilled vacancies will be filled by the waiting list candidates of other RRB also. Therefore, we are in agreement with the submission of the respondents that at present the applicant does not have any locus standi to ask for benefit under Railway Board circular dated 29.08.2022 and also to challenge para 4(iv) of the said circular dated 29.08.2022. However, if it would be set aside O.A. No. 040/00116/2023 M.A. No. 040/00054/2023 Item No 1 8 then the entire circular would become infructuous. We have also perused the Railway Board circular dated 26.06.2020. However, it is noted that the circular dated 26.06.2020 is not related to the Centralised Employment Notice (CEN) No. 02/2019. The applicant in one hand is asking for extension of benefit of the circular dated 29.08.2022 and on the other hand he is asking for review of standby list dated 08.09.2019 as per Railway Board's letter dated 26.06.2020. Moreover, he never challenged for non-inclusion of his name in the waiting list.
5. In view of the above, we do not find any reason to entertain the O.A. Accordingly, O.A. as well as M.A. stand dismissed.
6. No order as to costs.
(DR SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/BD/
O.A. No. 040/00116/2023
M.A. No. 040/00054/2023