Central Administrative Tribunal - Jabalpur
Ramanand Vishwakarma vs M/O Railways on 10 October, 2019
1 O.A. No. 200/00912/2019
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00912/2019
Jabalpur, this Thursday, the 10th day of October, 2019
HON'BLE SHRI RAMESH SINGH T HAKUR, JUDICIAL MEMBER
Ramanand Vishwakarma, S/o Shri Ramachal Vishwakarma,
D.O.B. 11.05.1980, Mob. No........R/o Ward No.17,
Behind Congress Bhawan, Shahdol (M.P.) -Applicant
(By Advocate -Shri S.K.Nandy)
Versus
1. Union of India, through its General Manager,
South East Central Railway G.M.Office, Near Railway Station,
Bilaspur-495004 (C.G.)
2. Divisional Railway Manager (P), Personal Branch,
South East Central Railway, Bilaspur Division,
Bilaspur-495004 (C.G.)
3. Sr. Divisional Electrical Engineer (Operating),
South East Central Railway, Bilaspur Division,
Bilaspur-495004 (C.G.) -Respondents
(By Advocate -Shri A.S.Raizada)
O R D E R (ORAL)
This Original Application has been filed against the inaction of the respondents in not deciding the Annexure A-8 dated 24.07.2019.
2. Precisely the case of the applicant is that the applicant was initially appointed with the respondent department on 28.05.2003 and was working on the post of Asst. Loco Pilot-II. Page 1 of 4 2 O.A. No. 200/00912/2019 Thereafter, while working on the post of Asst. Loco Pilot-II under CCCOR, Shahdol the respondents have issued an office order dated 05.03.2008 declaring result of suitability test for promotion to the post of Asst. Loco Pilot-I. Copy of office order dated 05.03.2008 is annexed as Annexure A-1. The name of the applicant is at serial No.98 under UR category and a remark has been appended therein as 'withheld' with a note aside 'Result are withheld due to non availability of service sheet or ACR'.
3. The applicant whose suitability was also adjudged along with 174 Asst. Loco Pilot-II for promotion to the next higher post of Asst. Loco Pilot-I but his result was withheld due to clear administrative lapse, wherein the administration has failed to collect his service sheet or ACR dossiers of the last three years or the year required for adjudging the suitability list.
4. The Applicant has approached the respondent authorities and vide communication dated 02.04.2008, the respondent No.3 has written a letter to the parent department of the applicant from where the applicant came on mutual transfer vise one employee of same cadre of South Central Railway, Bilaspur.It has been further submitted by the applicant that as per relevant rules and procedure prescribed in Para 310 & 311 of IREG Chapter III it was incumbent upon the authorities of both the Page 2 of 4 3 O.A. No. 200/00912/2019 railways to ensure that, the entire service record of an employee who is being relieved on mutual exchange basis on inter Railway transfer is required to be sent along with him with further details of his entire service record, leave record and ACR Dossiers. It has been further submitted by the applicant that the respondent authorities later on received the records and pass the office order dated 13.05.2009 (Annexure A-2).
5. The main grievance of the applicant is that the juniors has been fixed higher pay than the applicant. The applicant has made his representation dated 24.07.2019 (Annexure A-8), which is pending with the respondent department.
6. At this stage the counsel for the applicant submits that the applicant will be satisfied if the competent authority of the respondents is directed to decide the representation dated 24.07.2019 (Annexure A-8) in a time bound manner which is pending with the respondent department.
7. So, in the interest of justice, the respondents are directed to decide the representation dated 24.07.2019 (Annexure A-8) within a period of 60 days from the date of receipt of a certified copy of this order.
8. Needless to say that this Tribunal has not touched the merits of the case.
Page 3 of 4 4 O.A. No. 200/00912/2019
9. Needless to say that decision shall be a speaking order and as per law.
10. With this observation this Original Application is disposed of at the admission stage itself.
(Ramesh Singh Thakur) Judicial Member rn Page 4 of 4