Central Administrative Tribunal - Delhi
Galave Machhindra Uttam vs M/O Railways on 17 September, 2020
1 OA No.1301 /2020 Central Administrative Tribunal Principal Bench, New Delhi OA No.1301/2020 MA No.1633/2020 Today this the 17th day of September, 2020 Through video conferencing Hon'ble Justice L. Narasimha Reddy, Chairman Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Galave Machhindra Uttam, Age 27 years Batch & Service 2018, IRPS S/o Shri Uttam Yesappa Galave Presently at :
National Academy of Indian Railways, Vadodara 390004
2. Vanya Are, Age 25 Years Batch & Service 2017, IRAS D/o Shri Prabhudas Are Presently at :
IRIFM, Secunderabad, Railway Colony, Moula Ali, Secunderabad, Telangana 500047
3. Aditya Tripathi, Age 26 years Batch & Service 2017, IRAS S/o Shri Sudhir Tripathi Presently at :
IRIFM, Secunderabad, Railway Colony, Moula Ali, Secunderabad, Telangana 500047
4. Alok Singh, Age 27 years Batch & Service 2018, IRAS S/o Shri Anil Kumar Singh Presently at :
IRIFM, Secunderabad, Railway Colony, Moula Ali, Secunderabad, Telangana 500047 2 OA No.1301 /2020
5. Vrushank NY, Age 27 years, Batch & Service 2017,IRAS S/o Shri NN Yuvaraj Presently at :
IRIFM, Secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
6. Prashant Mishra, Age 23 years Batch & Service 2018, IRAS S/o Shri Aditya Kumar Mishra Presently at :
IRIFM, Secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
7. Babitarani Swain, Age 27 years Batch & Service 2017, IRAS D/o Shri Krishna Chandra Swain Presently at :
IRIFM, secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
8. Akshay Sharma, Age 29 years Batch & Service 2017, IRAS S/o Shri Arun Kumar Sharma Presently at :
IRIFM, secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
9. Arun Balgotra, Age 27 years Batch & Service 2017 , IRAS S/o Shri Triloki Nath Presently at :
IRIFM, secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
10. Shivashish Kumar, Age 27 years Batch & Service 2018, IRAS 3 OA No.1301 /2020 S/o Shri Raghbendra Chaudhary Presently at :
IRIFM, secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
11. Pranshu Sharma, Age 26 years Batch & Service 2017, IRAS S/o Shri Vijay Kumar Sharma Presently at :
IRIFM, secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
12. Chitraa T, Age 29 years Batch & Service 2018, IRAS D/o Chitraa Presently at :
IRIFM, Secunderabad,Railway Colony, Moula Ali, Secunderabad, Telangana 500047
13. Dr Sagar Chahar, Age 29 Years Batch & Service 2017, IRTS S/o Shri Anil Kumar Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011
14. Varsha Chhalotre, Age 29 years Batch & Service IRTS 2018 D/o Shri R L Chhalotre Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011
15. Ranjeet Kumar, Age 33 years Batch & Service IRTS, 2018 S/o Shri Hawaldar Rai Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011 4 OA No.1301 /2020
16. Sameer Kishan, Age 30 years Batch & Service 2017, IRTS S/o Shri Manoj Kumar Singh Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
17. Pawan Kumar Yadav, Age 28 years Batch & Service 2017, IRTS S/o Shri R.S.Yadav Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011
18. Harshit Oraon, Age 28 years Batch & Service 2017, IRTS S/o Shri Niranjan Oraon Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
19. Aashish Madanlal Rawlani, Age 28 years Batch & Service 2017, IRTS S/o Shri Madan Gulabchand Rawlani Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
20. Abhishek Ranjan, Age 29 years Batch & Service 2017, IRTS S/o Shri Prabhu Nath Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
21. Mirza Qadir Baig, Age 28 years Batch & Service 2018, IRTS S/o Shri Mirza Ismail Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.5 OA No.1301 /2020
22. Barhat Manoj Fatesinh, Age 28 years Batch & Service 2018, IRTS S/o Shri Barhat Fatesinh Pratapsinh Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
23. Yadvendra Singh Bhati, Age 30 years Batch & Service 2018 IRTS S/o Shri Mohan Singh Bhati Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011
24. Ashish, Age 26 years Batch & Service 2017, IRTS S/o Shri Dashrath Chandra Das Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011
25. Sachin Bansal, Age 25 years Batch & Service 2018, IRTS S/o Shri Girish Chand Bansal Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
26. Saurabh Mishra, Age 24 years Batch & Service 2018, IRTS S/o Shri Jagannath Mishra Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
27. Techi Kumar, Age 31 years Batch & Service IRTS, 2018 S/o Shri Techi Bida Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.6 OA No.1301 /2020
28. Sudarshan Bhat, Age 31 years Batch & Service 2017, IRTS S/o Shri Timmappa Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
29. Hemant Kumar Singh Kadian, Age 27 years Batch & Service 2017, IRTS S/o Shri Virender Singh Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
30. Shivaraj Saybanna Managiri, Age 28 years Batch & Service 2017, IRTS S/o Shri Saybanna Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
31. Daljeet Kumar, Age 25 years Batch & Service 2018, IRTS S/o Shri Tapeshwar Das Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
32. Mohammed Mustafa Aejaz, Age 29 years Batch & Service 2018, IRTS S/o Shri Mohammed Faizuddin Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
33. Naini Sri Ranganadh Reddy, Age 25 years Batch & Service 2017, IRTS S/o Shri Naini Chalma Reddy Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.7 OA No.1301 /2020
34. Panchal Alpesh Ramabhai, Age 28 years Batch & Service 2018, IRTS S/o Shri Ramabhai Panchal Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
35. Ashutosh Shrivastava, Age 30 years Batch & Service 2017 IRTS S/o Shri Pradeep Shrivastava Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
36. Animesh Ranjan, Age 29 years Batch & Service 2018, IRTS S/o Shri Mithilesh Kumar Pandey Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
37. Desai Neha Diwakar, Age 25 years Batch & Service 2018, IRTS S/o Shri Diwakar Desai Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.
38. Pawan Kumar Vishwakarma, Age 29 years Batch & Service 2017, IRTS S/o Shri Shital Prasad Vishwakarma Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow, 226011
39. Lalitesh Kumar Meena, Age 27 years Batch & Service 2018, IRTS S/o Shri Radha Krishna Meena Presently at :
IRITM, Manak Nagar, Kanausi, Lucknow 226011.8 OA No.1301 /2020
40. Manoj S., Age 30 years Batch & Service 2017, IRPS S/o Shri Sembukutty Presently at :
National Academy of Indian Railways, Vadodara 390004.
41. Venkatesh Nayak, Age 29 years Batch & Service 2017, IRPS S/o Shri Dyavayya Presently at :
National Academy of Indian Railways, Vadodara 390004.
42. Capril Arora, Age 28 years Batch & Service 2018, IRPS S/o Shri Rajnish Arora Presently at :
National Academy of Indian Railways, Vadodara 390004.
43. Rahul Garg, Age 35 years Batch & Service 2018, IRPS S/o Shri Panna Ram Presently at :
National Academy of Indian Railways, Vadodara 390004.
44. Kundan Kumar Sahay, Age 31 years Batch & Service 2018, IRPS S/o Shri S N Sahay Presently at :
National Academy of Indian Railways, Vadodara 390004.
45. Rohit Nema, Age 32 years Batch & Service 2018, IRPS S/o Shri Vijay Kamal Nema Presently at :
National Academy of Indian Railways, Vadodara 390004.9 OA No.1301 /2020
46. Aditya, Age 25 years Batch and Service No. IRPFS, 2017 S/o Shri Jaipal Singh Presently at JRRPF Academy, Talkatora Road, Lucknow.
47. Saurav Kumar, Age 30 years Batch and Service No. IRPFS, 2017 S/o Shri Anil Singh Presently at JRRPF Academy, Talkatora Road, Lucknow.
48. A. Navin Prakash, Age 33 years Batch and Service No. IRPFS, 2017 s/o Shri K. Authy Presently at JRRPF Academy, Talkatora Road, Lucknow.
49. Rishu Priya, Age 31 Years Batch and Service No. IRPFS, 2017 D/o Shri Rajendra Verma Presently at JRRPF Academy, Talkatora Road, Lucknow.
50. Sanket Kumar, Age 25 Years Batch and Service No. IRSME-2017 S/o Shri Arun Kumar Choudhary Presently at :
Under Training at Patna
51. Arote Mithilesh Shantaram, Age 25 Years Batch and Service No. IRSME -2017 S/o Shri Shantaram Karbhari Arote Presently at Online training at Chitalwedhe, Maharashtra
52. Lokesh Nanda, Age 26 Years Batch and Service No. IRSME -2017 10 OA No.1301 /2020 5/0 Shri Om Prakash Bunkar Presently at Online training at Jaipur
53. Shubham Meena, Age 23 Years Batch and Service No. IRSME -2017 5/0 Shri Jagdish Prasad Meena Presently at online training, Jaipur
54. Suman Saurabh, Age 23 Years Batch and Service No. IRSME -2017 S/o Shri Shiv Shankar Prasad Presently at : Online training
55. Md Arif Waquar, Age 27 Years Batch and Service No. IRSS -2017 S/o Shri Md Soib Ansari Presently at Training in Kolkata
56. Pushkar Verma, Age 23 Years Batch and Service No. IRSME -2017 S/o Shri Rakesh Kumar Verma Presently at Online Training at Home Address B3391 Panipat Refinery Township Panipat Haryana 132140
57. Deependra Marwar, Age 28 Years Batch and Service No. IRSEE-2017 S/o Shri Krishna Datt Presently at :
Under Training at Secunderabad
58. Kunal Gururani, Age 25 Years Batch and Service No. IRSEE-2017 S/o Shri G S Gururani Presently at :
Under Training at New Delhi
59. Abhinav Kumar Rathor, Age 28 Years Batch and Service No. IRSEE-2017 S/o Shree Chandra Rathor Presently at :
Under Training at Bhilai Loco Shed (By Advocates : Mr. Ashim Sridhar with Ms. Niyati Patwardhan) 11 OA No.1301 /2020 Versus
1. Ministry of Railways, Through Secretary Union of India Rail Bhawan, New Delhi-110001.
2. Indian Railway Board Through its Joint director (Training) Rail Bhawan, Raisina Road, New Delhi -110001.
3. Union Public Service Commission Thorough its Secretary, Dholpur House, Shahjahan Road, New Delhi - 110069.
4. Department of Personnel & Training Through Secretary DOP&T) Ministry of Personnel, Public Grievance & Pension, North Block, New Delhi.
..Respondents (By Advocates : Mr. R.V. Sinha and Mr. Krishan Kant Sharma) Order (Oral) Justice L. Narasimha Reddy, Chairman The applicants were selected and appointed to various services in the Indian Railways in the years 2017 and 2018.
They intend to appear for the Civil Services Examination (CSE) 2020. The Railways issued a Circular dated 27.04.2016, that stipulated conditions to be followed at the induction of the IRS Officers. One such condition is that the selected candidate shall submit a declaration to the effect that in case he plans to appear 12 OA No.1301 /2020 in the next CSE, to improve his career prospects, he shall apply for grant of one year extraordinary leave. A sequel to this is that those who do not intend to appear in the next CSE, shall submit declaration in Form 'B', mentioning the same. They would be allowed to undergo training.
2. In this OA, the applicants challenge the Circular dated 27.04.2016. According to them, the Circular would deprive them of the opportunity to improve their career prospects, and it is arbitrary and unconstitutional. Various contentions are also urged.
3. Challenging this very circular, persons, similarly situated as the applicants filed O.A. No. 1567/2017, before this Tribunal.
Through a detailed order dated 29.05.2019, the OA was dismissed. Following the same, several other OAs were also dismissed. Applicants in some of the OAs filed Writ Petition Nos. 6486/2019 and batch before the Hon'ble High Court of Delhi. Interim orders were passed on 30.05.2019, permitting them to appear in the CSE 2019. A further order was passed on 12.05.2019 in relation to the main examination. It was also observed that the appearance shall be subject to the result of the Writ Petitions. The Writ Petitions are pending.
4. The applicants herein intend to challenge the very Circular dated 27.04.2016. Initially, they filed Writ Petition No.6106/2020 before the Hon'ble High Court of Delhi. That 13 OA No.1301 /2020 was dismissed as withdrawn, leaving it open to the applicants to approach this Tribunal. The Hon'ble High Court was also pleased to observe that it shall be open to the applicants to draw the attention of this Tribunal to the interim orders dated 30.05.2019 passed by the Hon'ble High Court of Delhi in Writ Petition Nos. 6486/2019 and batch.
5. We heard Mr. Ashim Sridhar with Ms. Niyati Patwardhan, learned counsel for the applicants and Mr. R.V. Sinha and Mr. Krishan Kant Sharma, learned counsel for the respondents.
6. As observed earlier, the challenge in this OA is to the Circular dated 27.04.2016. A batch of OAs, wherein the same Circular was challenged was dismissed by this Tribunal on 29.05.2019. As a matter of fact, number of OAs were dismissed thereafter, following the said judgment.
7. It is no doubt true that the Hon'ble High Court of Delhi passed interim orders dated 30.05.2019 and 12.05.2019 in Writ Petition Nos. 6486/2019 and batch. We, however, face a typical and delicate situation now. Having dismissed a batch of OAs, we cannot entertain the present OA, wherein the same Circular is challenged. It is only when the Hon'ble High Court of Delhi has finally decides, creating a situation for fresh adjudication on the circular that a OA of this nature can be entertained.
14 OA No.1301 /20208. To be consistent with the earlier orders, we need to dismiss this O.A. also.
9. The learned counsel for the Applicants has drawn our attention to the interim orders dated 30.05.2019 and 12.05.2019 passed by the Hon'ble High Court of Delhi in W.P.No.6489/2019 & batch. It is not uncommon that when a situation exists for entertaining the OA, the orders that are passed by the Hon'ble High Court are to be respected and repeated by the Tribunal also. However, when the O.A. itself is not entertained, the question of our passing the interim order may not arise. It is in the discretion of the Hon'ble High Court, to pass such interim orders. With due respect, we express our inability to pass the interim orders, once we are dismissing the O.A.
9. The OA is accordingly dismissed. There shall be no order as to costs.
( Mohd. Jamshed ) ( Justice L. Narasimha Reddy ) Member (A) Chairman /lg/jyoti/ankit