Central Administrative Tribunal - Delhi
Binod Kumar vs M/O Railways on 7 December, 2022
Item 33 OA 619/2017
Central Administrative Tribunal
Principal Bench, New Delhi
OA No. 619/2017
This the 7th Day of December, 2022
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
Sh. Binod Kumar,
Age 32 Years Group C
S/o Sh. Badri Prasad
Loco Pilot Firozpur Dn.
Railway Firozpur
Presently residing at:
C/o Sanjay Kumar Sinha
R/o 5-B near PVR Saket,
New Delhi-110017
...... Applicant
(By Advocate: Ms. Sriparna Chatterjee with Ms. Shriya
Sharma and Mr. Somnath Bhattacharya)
Versus
1. Secretary,
Railway Board,
Railway Bhawan, New Delhi
2. General Manager
Northern Railways,
Baroda House,
New Delhi
3. Additional Divisional Railway Manager
Northern Railway
Firozpur
4. Sr. Divisional Personal Officer
Northern Railway
Firozpur
.....Respondents
(By Advocate: Ms. Sumedha Sharma)
Item 33 OA 619/2017
ORDER (Oral)
Hon'ble Mr. Ashish Kalia, Member (J):
The applicant, by filing the present OA, is praying therein for the following reliefs:-
"i) Direct the respondents to offer an opportunity to appear for repeat course of training as Loco Pilot in the interest of justice and to provide me an opportunity to complete prescribed training and so that the applicant may not be deprived of his fundamental rights.
ii) Quash the letter No. 220E/180/2013-14/ALP PIB dated 29.3.2014
iii) Railway Board Letter No. E(MPP) 2000/3/10, dated 10.8.2000 circulated under printed Serial No. 12092/2000 dated 5.9.2000 in non-
est in the eyes of law and it shall be declare ultra-vires.
iv) any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant."
2. The applicant, who was selected for the post of Assistant Loco Pilot, was allotted Firozpur Division. He was sent for training in Electrical site despite his verbal communication to the authorities that he is from Diesel & Motor Mechanic site and not well versed in Electrical site. He was sent for initial training, in which, he could not pass the training. Then he was given second chance for training without stipend under the rules. In the second chance also, the applicant was not able to clear the said training which is mandatory for Assistant Loco Pilot. The applicant's grievance is that there is a provision Item 33 OA 619/2017 in the Master Circular (No. E(NG) 58/RC1/150) dated 21.11.1961 which may read as under:-
"I. Stipend should be withheld when an extension/a repeat course is considered necessary at the end of prescribed period of training for the reasons that the apprentices has failed to complete the prescribed training satisfactorily. The stipend need not however, be withheld at an intermediate stage but it should be considered an individual merits whether the Apprentice should continue to receive training or be discharged.
II. So far as the persons recruiter as train was in the categories of Signallers, commercial clerks, Ticket Collectors, Accounts Clerks, Tracers, Guard etc. are concerned, if the existing terms of appointment do not allow stoppage of stipend/pay for the extended period of training, the services of such of the trainees as do not complete the prescribed period of training satisfactorily should be terminated. In accordance with the terms of appointment for example, by a giving 14 days' notice. After the termination of their services, they will cease to be Railway servants, If the Railways Administration desires to give a repeat course to such trainees as have ceased to be Railway servants, this should be done by the competent authority and in individual case, such trainees may be asked whether they are willing to have a repeat course without stipend, which should be arranged by the Railway Administration.
As regards future trainees in the above categories it should be prescribed in the terms of appointment that a repeat course, if considered necessary by the Administration, shall be given without stipend or any other remuneration.
III. Scheduled Caste/Tribe Apprentices/ Trainees may be given a second chance with stipend/pay and the third chance, if considered necessary without stipend/pay."
In the said Circular, it is mentioned that the benefits are granted to reserved category i.e. SC/ST Apprentices/Trainees may be given a second chance with stipend and the third chance without stipend.
Item 33 OA 619/20173. Learned counsel for the applicant further submits that the applicant shall be satisfied if the department considers his case at par with SC/ST candidate as per the Circular dated 21.11.1961 which is applicable till date. The applicant has also drawn our attention towards one letter dated 25.10.2007 where a similarly situated person Mr. Sudhir Kumar Sharma S/o Mr. Raghubir Prasad, who was selected for the post Assistant Loco Pilot, was given a third chance without stipend.
4. Learned counsel for the respondent vehemently opposes the submission of learned counsel for the applicant and submits that the department has terminated the service of the applicant because the applicant has not able to qualify the training which is mandatory in nature as per modified circular dated 05.09.2000 at Page 82 which reads as under:-
"a. The Trainees/Apprentices, other than those covered under the Apprentices Act, 1961, may be given on repeat course or 2nd chance without any stipend or any other remuneration.
b. The Trainees/Apprentices, other than those covered under the Apprentices Act, 1961, belonging to OBC categories may be given one repeat course or 2nd Chance without any stipend or any other remuneration.
c. The Trainees/Apprentices, other than those covered under the Apprentices Act, 1961, belonging to SC/ST Categories may be given 2nd chance with stipend/pay and the third chance, without stipend or any other remuneration."
5. Heard the learned counsels for the parties.
6. We are of this view that the applicant belongs to a special category, which is reserved under the Constitution, and needs same special consideration under the Constitution of India and while issuance of the Item 33 OA 619/2017 said Circular, they have been protected by giving third chance.
7. We hereby remand this matter back to the competent authority i.e. General Manager to consider the case of the applicant for granting third chance to the applicant without stipend under the rules as they have considered similarly situated person in the past. The applicant is directed to submit the representation within ten days from today which shall be considered by the competent authority within sixty days thereafter.
With this observation, the instant OA is disposed of in aforesaid terms. There shall be no order as to costs.
(Dr. Chhabilendra Roul) (Ashish Kalia)
Member (A) Member (J)
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