Central Administrative Tribunal - Gauhati
Md Ziyaul Haque vs M/O Railways on 9 October, 2020
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00181/2020
Date of Order: This, the 09th day of October 2020
THE HON'BLE SMT. MANJULA DAS, MEMBER (J)
Md. Ziyaul Haque
S/o Late Md. Sabbir
SSE/Signal/KIR
Under Sr. DSTE/KIR, Katihar Division
N.F. Railway
Resident of Railway Qtr. No. 498/B
Emergency Colony, P.O. - Katihar
Dist - Katihar, Bihar, Pin - 854105.
...Applicant
By Advocates: Sri S. Nath & Sri G.J. Sharma
-Versus-
1. The Union of India
Represented by the General Manager
N.F. Railway, Maligaon
Guwahati - 781011.
2. The General Manager (P)
N.F. Railway, Maligaon
Guwahati - 781011.
3. Senior Divisional Railway Manager (P)
N.F. Railway, Katihar, Bihar
Pin - 854105.
4. The F & CAO
N.F. Railway, Maligaon
Guwahati - 781011.
...Respondents.
By Advocate: Ms. U. Das, Railway SC
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O R D E R (ORAL)
MANJULA DAS, MEMBER (J) This matter has been taken up through video conferencing.
2. This O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following reliefs:-
"8.1. That the Hon'ble Tribunal be pleased to declare that the applicant after completion of his training period was entitled to fixation of his pay in the scale Rs. 9300-34800 + GP. Rs. 4200 with one increment for Apprentice period which has been arbitrarily denied him.
8.2 That the Hon'ble Tribunal be pleased to direct the respondents to re-fix pay of the applicant after granting the applicant stipend Rs. 9300-34800 + GP. Rs. 4200 (+ one increment in the second year) during the period of his service as Junior Engineer Apprentice w.e.f. 19.11.2008 to 23.10.2009 in terms of Rule 1905 of IREM and Railway Board's letter dated 15.12.2008 read with Para 2(c)(ii) of the Railway Board's letter dated 17.04.2006, with consequential benefits, including arrear monetary benefit.
8.3 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. At the outset of moving the application, Sri S. Nath, learned counsel appearing for the applicant submits that he will be satisfied if a direction is issued to 3 the respondent authorities more particularly respondent No. 3 to dispose of the last pending representation dated 05.03.2018 within a time frame wherein Ms. U. Das, learned railway standing counsel representing the respondents submits that this O.A. is not maintainable inasmuch as jurisdiction of the case lies upon the CAT, Patna Bench. As such, petition shall not be entertained by this Tribunal.
3. From the papers and documents, I have found that the applicant is serving under the Sr. DSTE/KIR, Katihar Division, N.F. Railway under Maligaon. Accordingly, this matter is entertained by directing the respondent No. 3 i.e. Senior Divisional Railway Manager (P), N.F. Railway, Katihar, Bihar to dispose of the last pending representation dated 05.03.2018 and pass a reasoned and speaking order within a period of three months' from the date of receipt a copy of this order.
4. It is made clear that whatever decision to be passed by the respondent No. 3 shall be communicated to the applicant forthwith.
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5. With the above direction, O.A. stands disposed of accordingly at the admission stage.
6. There shall be no order as to costs.
(MANJULA DAS) MEMBER (J) PB