Central Administrative Tribunal - Kolkata
Saiba Tudu vs S E Railway on 9 May, 2023
£63 unke: 2 O.A. 1347 of 2021 6. The Assistant Personnel officer-Ill, South Eastern Railway, Chakradharpur Division, Chakradharpur, Jharkhand, Pin- 833102. Respondents. For the applicant : Mr. T.K. Biswas, Counsel For the respondents : Mr. D. Chowdhury, Counsel ORDER (Oral)
Per : Manish Garg, Judicial Member
2. in the instant matter the applicant seeks the following reliefs:
"a) An order directing the respondents to allow the applicant to sit in the written test for promotion of Station Master separately because the applicant is eligible for the said selection. If the applicant is found fit for the selection of written test then further process may be completed and thereafter issue the promotion order in favour of the applicant to the post of Station Master.
b) An order directing the respondents to dispose the representation dated 10.8.2021 (Annexure A-5) within specific period.
c) And to pass such order or orders or further order as the Hon'ble Tribunal may deem fit and proper."
The Ld. Counsel for the applicant submits that he does not want to press upon para 8(a), i.e., "An order directing the respondents to allow the applicant to sit in the written test for promotion of Station Master separately because the applicant is eligible for the said selection. If the applicant is found fit for the selection of written test then further process may be completed and thereafter issue the promotion order in favour of the applicant to the post of Station Master"
at this stage.
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3 O.A. 1347 of 2021 However, he fairly concedes the fact that he prays for disposal of his representation dated 10.08.2021 (Annexure A-5).
3. 3.1.
A detailed reply has been filed by the respondents. td. Counsel for the respondents draws reference to para No. 4 of the reply, which is reproduced as under:
"'® Notification bearing No. SER/P-CKP/ET/Genl Selection/SM/170/20 dated 17.12.2020 was issued by Sr. Divisional Personnel Officer, Chakradharpur. It was proposed to conduct a selection to form a panel of Station Master in Pay Matrix Level-6 equivalent to Pay Band Rs. 9300-34800/- with Grade Pay Rs. 4200/- fill up 33 posts(SC-02, ST-02, UR-
29) against from the eligible willing candidates working in the categories as mentioned in terms of RBE No. 22/2018.
The eligibility Criteria and eligible categories of staff were mentioned in Sri. No. 1 of said notification is as under:-
Employee possessing the qualification of matriculation and working as Shunting Jamadars, Shunting Masters, Cabinmen Gr.1, Switchmen, Sr. Siganllers ad Sr. Trains Clerks in level-4 and Leverman Gr.1, Pointsman Gr. 1, Shuntman Gr.1, Cabinman Gr.ll and Trains Clerks all level-2 with an upper age limit of 45 years (SO Years in case of SC/ST). Staff in Level- 1(substantive)(erstwhile 6th CPC GP Rs. 1800) of Operating department are also allowed to appear with qualification of Matriculation and 05 years of regular service.
The applicant of the instant O.A. did not possess the requisite 5 years of regular service in operating Department as per eligibility criteria stipulated in RBE No. 22/2018, RBE No. 22/2018 is annexed herewith and marked as Annexure R/1.
The applicant joined in the Railway Service an 07.10.2006 to the post of Helper in Signal & Telecommunication(S&T) Department Sealdah Division of Eastern Railway. Further, the applicant was transferred from S&T department of Sealdah Division to operating department uf Chakradharpur division on 06.11.2019 and posted at Bahalada Road Station in Operating Department as Pointsman-B in level 01(Substantively) (erstwhile 6""CPC GP Rs. 1800). He has rendered total regular service in eligible category of operating Department up to the cutoff date ie. 17.12.2020 in 1 year; 1 month and 12 days only.
Against the Notification the applicant also filled up the proforma which was annexed with the said notification and submitted on 29.12 2020. In the column No. 9 of Proforma, information asked that the total length of service in eligible category as on 47.12 2020, wherein the applicant filled 14 years, 2 months and 10 days. After scrutiny of the Proforma due to the wrong date filled by the applicant in his application the applicant was taken into the consideration of eligible candidate for selection to the post of Station Master in level 5 against the 25% DPQ of Operating Department. Therefore the applicant was called for Pre-selection coaching. The applicant imparted in pre-
selection coaching on the cost bear by Railway Administration. < al
4. 4 O.A. 1347 of 2021 That while verification of Service Sheet of all the candidates, it was found that the applicant had come from other department on basis of Inter Railway Mutual Transfer on 08.11.2020 and has less rendered service in eligible Category in Operating Department ie. O1 year, 1 month and 10 days only but he had filled 14 years 2 months and 10 days. He did not fulfill the criteria of 05 years regular service in level - 1 of operating department as per RBE No. 22/2018. Therefore, the name of the applicant was deleted from the eligibility list for selection (Written test) for promotion to the post of Station Master in PB Rs. 9300-34800/-."
Be that as it may be, O.A. is disposed of with a direction upon the competent respondent authority to dispose of the pending representation of the applicant dated 10.08.2021 by a reasoned and speaking order within a period of 8 weeks from the receipt of this order.
~ Needless to say that principles of natural justice be complied with by the Competent Authority by affording personal hearing to the applicant.
5. It is made clear that we have not entered into the merits of the matter and all points are kept open for consideration by the respondent authorities.
6. The present O.A. stands disposed of. No costs. (Anindo Majumdar) (Manish Garg) Administrative Member Judicial Member drh