Central Administrative Tribunal - Kolkata
Sukanta Mandal vs Eastern Railway on 24 June, 2024
1 MA88/2024 IN OA 494 of 2022
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
M.A. 350/00088/2024
(IN O.A. 350/00494/2022)
DATE OF JUDGMENT : 24.06.2024
Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
In the matter of :
Sukanta Mondal, Son of Sibash Chandra Mondal, residing at
Village-Harinagar, Post Office-Amlai, Police Station-Bharatpur,
District- Murshidabad, Pin Code-742301.
.............Applicant
VS.
1. Union of India, service through the General Manager,
Eastern Railway, having its office at Fairly Place, Kolkata-
700001.
2. The General Manager, Eastern Railway, having its office at
Fairly Place, Kolkata- 700001.
3. The Chairman, Railway Recruitment Cell, Eastern Railway,
having its office at 56, C. R. Avenue, Kolkata- 700012.
4. The Chief Personnel Officer, Eastern Railway, having its
office at Fairly Place, Kolkata-700001.
......Respondents
For The Applicant(s): Mr. Arpa Chakraborty, Counsel
Ms. P. Mondal, Counsel
For The Respondent(s): Mr. S. Banarjee, Counsel
2 MA88/2024 IN OA 494 of 2022
O R D E R (ORAL)
Per: Hon'ble Jayesh V. Bhairavia, Judicial Member
1. The present M.A. has been filed by the original applicants of O.A. No.494/2022 for recalling of order passed by this Tribunal vide common order dated 31.08.2023 whereby this Tribunal disposed of group of O.As. including O.A. No.494 of 2022.
2. It is stated that the applicants in the said group of O.A.s had approached this Tribunal for issuance of appropriate direction upon the respondents to consider their representation seeking preparation of replacement panel in respect to Employment Notice No. 0112 for filling up of Gr. 'D' posts notified by the Railway Recruitment Cell , Eastern Railway as per the various orders passed by the Hon'ble High Court as well the Hon'ble Apex Court and the Railway Board instructions which includes the claim of some of the candidates who had also submitted their representation and requested to extend the benefit of directions issued by the Hon'ble Apex Court in SLP(C) No. 16330/2022 dated 31.10.2022 for constituting Expert Committees for reassessment/reevaluation of the OMR sheet.
3. Since this Tribunal in other identical cases, by considering the order passed by the Hon'ble High Court as well as the Hon'ble Apex Court in SLP (C) No. 16330/2022, permitted the applicants therein to submit their individual comprehensive representations to reexamine the claim in respect to the selection for various Gr. 'D' post against respective Employment Notification including EN 0112 issued by the 3 MA88/2024 IN OA 494 of 2022 Railway Recruitment Board, Eastern Railway, accordingly, on the request of Ld. Counsel for the parties, this Tribunal had disposed of the group of O.A.s, vide common order dated 31.08.2023, which includes the O.A. 494/2022. Vide said common order dated 31.08.2023, liberty has been granted to all the applicants in the said group of O.A.s to submit their comprehensive representation along with supporting documents before the competent authority in order to justify their claim, and the respondents were directed to consider such representation, if so preferred, in accordance with the terms and conditions of the respective Employment Notices being untrammeled by the previous speaking orders, if any. Further, it was directed that the decision shall be conveyed to the applicant by way of a reasoned and speaking order.
4. Learned counsel for the applicant would argue that at the time of disposal of the said OAs it was argued by him that the respondents Railway authority had filed their affidavit before the Hon'ble Supreme Court in SLP(C) No.16330 of 2022 in the case of Pratap Biswas Vs. Union of India and Others, wherein the respondents had declared that as per order of Railway Board, Expert Committees had been constituted to assess all the alleged wrong answers made by different applicants in different OAs in Hon'ble CAT/Calcutta. Presently, there are 18 cases pending before this Tribunal involving 39 applicants disputing several questions in different dates of examination. Therefore, it was submitted that, in fact, the Railway Board had constituted Expert Committees to assess all the wrong answers and therefore the grievance 4 MA88/2024 IN OA 494 of 2022 of the applicant contained in his representation dated 12.01.2022 is required to be decided as per the policy decision of the Railway Board.
5. Ld. Counsel for the applicant in the M.A. submits that since the applicant of O.A. 494/2022 has already filed his detailed representation before the competent authority, which requires to be considered therefore, there is no need for the applicant to submit any other comprehensive representation as per liberty granted by this Tribunal in common order dated 31.08.2023. It is submitted that since the applicant has already submitted his representation, there remains no occasion to prefer any comprehensive representation and necessary clarificatory directions require to be issued upon the respondents to consider and dispose of the pending representation without insisting for any other comprehensive representation.
6. Therefore, the present M.A. has been filed for recalling the order passed by this Tribunal dated 31.08.2023 in O.A. No.494/2022 and to pass appropriate order to modify the para 4 of the order dated 31.08.2023 in respect of the applicant herein and further directing the respondents to consider his pending representations in light of instructions issued by the Railway Board as also with regard to the grounds stated in the said representation.
7. Mr. S. Banerjee, learned counsel appears on behalf of the respondents and waives service of Notice. He submits that even otherwise, the representation of the applicant will be decided by the Railway Authorities in accordance with the direction issued by the 5 MA88/2024 IN OA 494 of 2022 Hon'ble Apex Court as well as the instruction issued by the Railway Board in this matter.
8. Heard the Ld. Counsel for the parties. Considering the aforesaid submissions and upon perusal of material on record as well in the interest of justice, we accept the prayer of Ld. Counsel for the applicant in the M.A. and recall Para 4 of the common order passed by this Tribunal dated 31.08.2023 in group of O.A.s , which shall be read as under:-
"4. Since this Tribunal has considered identical requests as prayed for in the instant group of O.As, we deem it fit to dispose of these OAs, without entering into the merits of the claim of the applicants, with liberty to the applicants herein to file individual comprehensive representations along with supporting documents before the competent authority to justify their claim within 6 weeks from the date of receipt of a certified copy of this order, if they so desire and if the applicants have already filed their representations, as like the applicant of O.A. 494/2022 and other identical applicants/candidates in these group of O.A.s, it is directed that the competent respondent authority shall consider such representations, in accordance with the terms and conditions of the respective employment notices untrammeled by the previous speaking order(s), if any, and in the light of various directions issued by the Hon'ble High Court/this Tribunal as well as the judgment passed by the Hon'ble Apex Court in SLP (C) 16330/2022 and the various instructions issued by the Railway Board in this regard in similar cases. The decision arrived at shall be conveyed to the applicants herein expeditiously by way of a reasoned and speaking order.
We reiterate that we have not expressed any opinion on the merit of the claim of the applicants."
6 MA88/2024 IN OA 494 of 2022
9. The aforesaid modified order, more particularly, Para 4 of the order dated 31.08.2023 in group of O.A.s i.e O.A. No. 609/2021, O.A. 1653/2022, O.A. 1043/2023, O.A. 753/2023, O.A. 461/2019 (with O.A. 1501/2017 and O.A. No. 460/2017) and O.A. No. 1107/2021 & O.A. No.494/22 may be read as stated above. Registry is directed to issue certified copy of this modified order to the learned counsel for the parties.
10. With the above observation and direction M.A.No. 88/2024 is disposed of accordingly. No costs.
(Anindo Majumdar) (Jayesh V. Bhairavia ) Administrative Member Judicial Member kb