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Central Administrative Tribunal - Bangalore

G Deenadayalan Ambedkar vs M/O Railways on 19 November, 2018

                                      1        OA No.
170/00785/2017/CAT/BANGALORE


              CENTRAL ADMINISTRATIVE TRIBUNAL

                BANGALORE BENCH : BANGALORE


          ORIGINAL APPLICATION No. 170/00785/2017



            TODAY, THIS THE 19TH DAY OF NOVEMBER, 2018



HON'BLE DR. K.B. SURESH ...               MEMBER (J)

HON'BLE SHRI DINESH SHARMA... MEMBER (A)


G. Deenadayalan Ambedkar,
S/o (Late) S.M. Gangadharan,
Aged about 59 years,
Working as Station Master-I,
Whitefield Railway Station,
SBC Division, South Western Railway,
Bangalore - 560 067
Resident of No. 43 'A', Railway Quarters,
Opp. To Saibaba Ashram,
Kadugodi, Whitefield Railway Station,
Bangalore - 560 067                                     ...Applicant

(By Advocate Shri B. Veerabhadra)

Vs.

1. The Senior Divisional Personnel Officer,
South Western Railway,
Bangalore Division,
Platform Road,
Bangalore - 560 023

2. The Divisional Railway Manager,
South Western Railway,
Bangalore Division,
Platform Road,
Bangalore - 560 023
                                          2          OA No.
170/00785/2017/CAT/BANGALORE


3. The Senior Divisional Operations Manager,
South Western Railway,
Bangalore Division,
Platform Road,
Bangalore - 560 023

4. Sri K. Sagar
SMR/Whitefield Railway Station
South Western Railway,
Bangalore - 560 067

5. Sri K. Ananda Sivaraman
1st Floor, No. 108, Blue Mountain Apts
Rajapalya, Hoodi Circle, Hoodi,
Bangalore - 66                                                   ...Respondents.

(By Shri J. Bhaskar Reddy, Counsel for the Respondents)

                     ORDER (ORAL)
DR. K.B. SURESH, MEMBER (J):

Heard. Apparently the applicant is eligible for a privilege pass. For 3 years continuously he had applied for it. It also must be remembered that there is a background of repeated litigation involving applicant and the Railways. The Railways did not inform him that they had, apparently, changed the format of the application form. Since it is known only in the knowledge of the Railways that the format has now changed, they had a bounden duty to inform the applicant. Now in the reply they inform that the application was given in a wrong format. It is the fault of the Railways and for which they should be held responsible.

2. Now apparently applicant had asked for privilege pass to go to his native town near Vellore. He is apparently, according to both counsels, eligible for first class. We are not sure what is the value of first class ticket to 3 OA No. 170/00785/2017/CAT/BANGALORE Vellore. If it had been denied to him for 6 opportunities, then we must necessarily hold that at least one thousand rupees must be the train charges for him and his spouse. Therefore, we will direct the Railways to grant him privilege pass in future as directed in other cases and also to pay him a compensation in this case amounting to Rs.6,000/-. It may be paid to him along with his retirement benefits at the end of this month. The OA is allowed to this extent.

        (DINESH SHARMA)                              (DR. K.B. SURESH)
          MEMBER (A)                                   MEMBER (J)
/ksk/




Annexures referred to by the applicant in OA No. 170/00785/2017 Annexure A1: Copy of the order of the Tribunal in O.A. No. 1478/2014 dated 29.06.2015 Annexure A2: Copy of the representation dated 06.11.2014 Annexure A3: Copy of the representation dated 01.01.2015 Annexure A4: Copy of therepresentation dated 08.01.2015 4 OA No. 170/00785/2017/CAT/BANGALORE Annexure A5: Copy of therepresentation dated 12.01.2015 Annexure A6: Copy of therepresentation dated 22.09.2015 Annexure A7: Copy of the retrospective effect of GP Rs. 4600/- Annexure A8: Copy of the legal notice dated 08.07.2016 Annexure A9: Copy of the relieving order dated 29.09.2015 Annexure A10: Copy of the relieving order dated 02.07.2016 Annexure A11: Copy of the bio data particulars dated 01.07.2016 Annexure A12: Copy of the order of the Tribunal in MA No. 326/2015 dated 12.08.2015 Annexure A13: Copy of the Memorandum dated 11.09.2015 Annexure A14: Copy of the letter of requisition dated 08.10.2015 Annexure A15: Copy of the representation dated 04.07.2016 Annexures with Reply Statement Annexure R1: Copy of the SWR letter dated 24.02.2015 Annexure R2: Copy of theRailway free pass- first class of the applicant valid from 01.01.2015 * ****