Central Administrative Tribunal - Ahmedabad
Krishnamohan C Kaji vs Western Railway on 20 June, 2022
:: 1 :: O.A./210/2022 .
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH
Original Application No.210/2022
Dated this the 20th day of June, 2022
CORAM:
Hon'ble Sh. Jayesh V. Bhairavia, Member (Judicial)
Hon'ble Sh. Dr. A.K. Dubey, Member (Administrative)
KrishnaMohan Chnarika Kaji
Aged 38 years, Sex-Male
Residing at 89-LB, Sharmanagar,
Jetalsar, Rajkot,
Gujarat - 360360. ........Applicant
(By Advocate : Sneh R. Purohit)
Vs.
1. The Union of India
The General Manager,
Western Railway,Churchgate,
Mumbai - 400 020.
2. Railway Recruitment Cell,
Through its Chairman,
Office at Parcel Depot, Alibhai Premji Road,
Grant Road (East), Mumbai \,Maharashtra-400 007.
3. Divisional Railway Manager,
Naroda Road, Opposite GCS Hospital,
Prem Darwaza, Saraspur,
Ahmedabad, Gujarat-382345.
4. Assistant Personnel Officer (APO)
For Divisional Railway Manager,
Western Railway, Naroda Road,
Opposite GCS Hospital,
Prem Darwaza, Saraspur,
Ahmedabad, Gujarat - 382 345. ....Respondents
ORAL(ORDER)
Per: Jayesh V. Bhairavia, Member (J)
1. The grievance raised by the applicant in the instant O.A. is that he had applied for the post of Ticket Examiner pursuant to the Notification dated 15.01.2013 whereby 21 vacancies for the post of Ticket Examiner :: 2 :: O.A./210/2022 .
were to be filled-up through General Departmental Competitive Examination, 2012-13.
It is stated that before the examination took place, the Railway Board issued RBE No.28/2018 for revision in Cadre Structure and Staff Pattern due to merger of three categories of post in the Commercial Department of Indian Railways based on the Recommendations of the 7th CPC and, accordingly the posts of TC, CC and ECRC, were merged. After consultation with the Staff Federations i.e. AIRF and NFIR and the Commercial Directorate, vide RBE No.59/2019 dated 05.04.2019, the Railway Board had issued further clarification and revised the methodology for implementing the cadre merger of Ticket Checking Staff, Commercial Clerks and Enquiry-cum-Reservation Clerks. Thereafter, a eligibility list was issued on 30.01.2018 and according to the applicant herein, he appeared for CBT on 13.09.2019. He cleared the said examination and his name was placed in the Panel notified on 21.05.2020. He undergone the training from September, 2020 to March, 2021 and on completion of the training, he was posted in the revised cadre at respective place.
2. It is submitted that primarily, the applicant was selected for the post of Ticket Examiner against the GDCE Notification No. 1/2012-13. However, at the time of final recruitment, he was selected for the post of CCTC- Commercial Clerk-cum-Ticket-Clerk but, not for the post of Ticket Examiner despite conducting the recruitment for the post of Ticket Examiner and undergone the training for the said post. Therefore, it has been stated that the respondents have changed the rules of recruitment which is not permissible under the law. Not only this but, the respondents prepared and published a common seniority list. Therefore, along with other similarly placed officers he had submitted a representation on 01.01.2022 before the GM(E) CCG, Mumbai, Western Railway and requested that he should be designated as Ticket Examiner in separate ticket checking cadre and the seniority of selected employees through GDCE/2013 should be kept separately because the selection had started before the issuance of Railway Board :: 3 :: O.A./210/2022 .
letter dated 22.02.2018. The said representation has not yet been considered by the respondent Railways till date. Hence, this O.A.
3. Heard Mr. Sneh Purohit, counsel for applicant and perused the material on record.
4. At this stage, we do not inclined to entertain this OA in absence of any decision from the competent authority with regard to the claim put forth by the applicant along with others in the representation dated 01.01.2022 (Annex.A/7). Therefore, without expressing any opinion on the merit of the claim of applicant, we deem it fit to dispose of this OA. with a direction that the respondents will consider and decide the pending representation of the applicant, as referred herein above, expeditiously not later than three months' in accordance with the rules and the instructions/guidelines issued by the competent authority on the issue and, intimate the decision to the applicant herein.
5. In view of above, the Original Application stands disposed of. No order as to costs.
(A.K.Dubey) (J.V.Bhairavia)
Member(A) Member(J)
Nk-jrm
:: 4 :: O.A./210/2022 .
Ooo
Per: Hon'ble Shri Jayesh V. Bhairavia, Member (J)
2. The grievance raised by the applicant in the instant O.A. is that he had applied for the post of Ticket Examiner pursuant to the notification dated 15.01.2013 whereby 21 vacancies for the post of Ticker Examiner were to be filled up through General Departmental Competitive Examination, 2012-13.
It is stated that before the examination took place the Railway Board issued RBE No.28/2018 for revision in cadre structure and the staff pattern due to merger of three categories of posts in the Commercial Department of Indian Railways based on the Recommendations of the 7th CPC and accordingly the posts of TC, CC and ECRC were merged. After consultation with the Staff Federations i.e. AIRF and NFIR and the Commercial Directorate, vide RBE No.59/2019 dated 5.4.2019 the Railway Board had issued further :: 5 :: O.A./210/2022 .
clarification and revised the methodology for implementing the cadre merger of Ticket Checking Staff, Commercial Clerks and Enquiry-cum- Reservation Clerks. Thereafter, a eligibility list was issued on 30.01.2018 and according to the applicant herein, he appeared for CBT on 13.9.2019. He cleared the said examination and his name was placed in final list of panel notified on 21.5.2020. He underwent the training from September, 2020 to March, 2021 and on completion of the training, he was posted in the revised cadre at respective place.
2. It is submitted that primarily the applicant was selected for the post of Ticket Examiner against the GDCE Notification No. 1/2012-13. However, at the time of final recruitment, he was selected for the post of CCTC- Commercial Clerk-cum-Ticket Clerk but, not for the post of Ticket Examiner despite conducting the recruitment for the post of Ticket Examiner and underwent the training for the said post. Therefore, the respondents has changed the rules of recruitment which is not permissible under the law. Not only that the respondents had prepared and published a common seniority list. Therefore, along with other similarly placed officers he had submitted a representation on 01.01.2022 before GM(E) CCG, Mumbai, Western Railway and requested that the applicants should be designated as Ticket Examiner in separate ticket checking cadre and the seniority of selected employees through GDCE/2013 should be kept separately because selection had started before Railway Board letter dated 22.2.2018. The said representation has not yet been considered by the respondent Railways till date. Hence, this O.A.
3. Heard Mr. Sneh Purohit the counsel for applicant and perused the material on record.
4. At this stage, we do not inclined to entertain this OA in absence of any decision from the competent authority with regard to the claim put forth by the applicant along with others in the representation dated 1.1.2022 (Annex.A/7). Therefore, without expressing any opinion on the merit of the claim of applicant, we deem it fit to dispose of the OA. with a direction that the respondents will consider and decide the :: 6 :: O.A./210/2022 .
pending representation of the applicant, as referred herein above, expeditiously not later than three months in accordance with the rules and the instructions/guidelines of the competent authority on the issue and intimate the decision to the applicant herein. In view of the above, the OA stands disposed of. No order as to costs.
(A.K.Dubey) (J.V.Bhairavia)
Member(A) Member(J)
Nk-jrm