Central Administrative Tribunal - Jabalpur
Manish Kumar Katare (Kori) vs Union Of India on 6 July, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
ORIGINAL APPLICATION NO. 509 OF 2011
Jabalpur, this the 6th day of July, 2011
HONBLE MR. HRIDAY NARAIN, ADMINISTRATIVE MEMBER
Manish Kumar Katare (Kori), Occupation (Nil),
Aged about 34 Years, S/o Late Shri Bal Chand Katare,
R/o 384 Near Manora Hotel,
Galgala (M.P.) Pin Code-482001 - Applicant
(By Advocate Shri M.B.Shrivastava, Sr.Advocate
Assisted by Shri Jitesh Shrivastava)
V e r s u s
1. Union of India, Through the Secretary,
Ministry of Railway, Railway Mantralaya,
Secretariat Parliament Street, New Delhi Pin Code 110 055
2. The Divisional Railway Manager,
Western Central Railways D.R.M. Office,
Jabalpur Pin Code-482001 - Respondents
(By Advocate Shri A.S.Raizada)
O R D E R (Oral)
Heard Shri M.B.Shrivastava, learned Senior Advocate assisted by Shri Jitesh Shrivastava, learned counsel representing the Applicant and Shri A.S.Raizada, learned Standing counsel for Railways, who has received a copy of this OA in advance, representing the Respondents.
2. The Applicant is the son of late Kamla Kori, who was employed with the Respondent-organization and died on 17.01.2006. The Applicant applied for compassionate appointment vide his application dated 24.01.2007 (Annexure A-3), which was followed by a reminder dated 21.03.2011 (Annexure A-6). The learned counsel for the Applicant states that despite the fact that the Applicants case was deserving for compassionate appointment as per rules, the Respondents have not responded at all to the petitions made by the Applicant. He submits that a direction may be given to the competent authority of the Respondent-organization i.e. the Railways to consider the claim of the Applicant as per rules and to intimate him about the decision.
3. Shri A.S.Raizada, standing counsel for Railways, submits that instead of directing the DRM to consider the representation of the Applicant, Senior Divisional Officer, West Central Railway, Jabalpur should be directed to consider the representation of the Applicant.
4. Having considered rival submissions and after perusal of the materials available on record, I am of the view that ends of justice shall be served in this case, if a direction is given to the competent authority of the West Central Railway, Jabalpur to consider the case of the Applicant for compassionate appointment as per rules and to pass a speaking order in the matter. Accordingly, such a direction is given and the competent authority is directed to consider the case of the Applicant as per rules. The competent authority shall treat a copy of this OA as part of the representation of the Applicant. It is made clear that no opinion is being expressed here on the merits of the matter and the competent authority shall be free to decide the matter as per rules on merits. After considering the matter, the competent authority shall communicate his decision to the Applicant. The entire exercise shall be completed within 90 days of the receipt of this order. The OA is thus disposed of at the time of admission itself with no order as to costs.
5. Send copies of this order to all the Respondents (together with the copies of this OA) by Registered Post. Also supply free copies of this order to the learned counsel appearing for the parties.
(Hriday Narain) Administrative Member rkv