Central Administrative Tribunal - Mumbai
Union Of India vs 4 on 27 June, 2012
1 O.A. No. 788/2010 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI Dated this Wednesday the 27th day of June, 2012 CORAM:- HON'BLE SHRI JUSTICE A.K. BASHEER, MEMBER (J) HON'BLE SHRI R.BNDYOPADHYAY, MEMBER (A) O.A. 788 of 2010 1. Shantaram Ramchandra Mhase, Working as Junior Trackman under DRM Pune, R/at: Mahsewadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 2. Mahadu Khandu Chorghe, Working as Junior Trackman under DRM Pune, R/at: Rahatwade, Tal.Haveli, Dist. Pune. 3. Kondibhau Balwant Raundhal, Working as Junior Trackman under DRM Pune, R/at: Rundhal Wadi, Post Khinde, Tal. Khed, Dist. Pune. 4. Maruti Namdeo Bhambure, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 5. Hiraman Kisan Dhore, Working as Junior Trackman under DRM Pune, R/at: Dhore Dhambure wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 6. Ramesh Mahadu Nimbalkar, Working as Junior Trackman under DRM Pune, R/at: Urawade, Tal. Mulshi, Dist. Pune. 7. Suresh Bapu Dimbale, Working as Junior Trackman under DRM Pune, R/at: Post Kalyan, 2 O.A. No. 788/2010 Tal. Haveli, Dist. Pune. 8. Laxman Ramchandra Kadu, Working as Junior Trackman under DRM Pune, R/at: Urawade, Tal. Mulshi, Dist. Pune. 9. Baban Raghuji Kotwal, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 10. Maruti Nivruti Dhore, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure Wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 11. Subhash Kalu Dimbale, Working as Junior Trackman under DRM Pune, R/at: Post Kalyan, Tal. Haveli, Dist. Pune. 12. Shaymrao Dada Khilare, Working as Junior Trackman under DRM Pune, R/at: A/725, Ward No.4, S. No.3, H.No.661, Laxmi Nagar, Near VIT College, Kondwa Bk, Pune-411 048. 13. Krishna Nana Akhade, Working as Junior Trackman under DRM Pune, R/at: Post Kalyan, Tal. Haveli, Dist. Pune. 14. Manohar Dagadu Gund, Working as Junior Trackman under DRM Pune, R/at: S. No.3, Kondwa Bk, Pune-411 048. 15. Rangnath Krishna Hole, Working as Junior Trackman under DRM Pune, R/at: Hole wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 3 O.A. No. 788/2010 16. Shantaram Barku Dhore, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure Wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 17. Ravindra Vinayak Arude, Working as Junior Trackman under DRM Pune, R/at: Tinhewadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 18. Nandkumar Jijaba Hole, Working as Junior Trackman under DRM Pune, R/at: Hole wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 19. Rajendra Vinayak Arude, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 20. Sunil Balwant Dhore, Working as Junior Trackman under DRM Pune, R/at: Dhore Bhambure wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. 21. Chandrakant Vithal Waghmare, Working as Junior Trackman under DRM Pune, R/at: Post Chandoli, Tal. Khed, Dist. Pune. 22. Kailash Dasharath Hole, Working as Junior Trackman under DRM Pune, R/at: Hole wadi, Rajguru Nagar, Tal. Khed, Dist. Pune. (By Advocate Shri S.V. Marne) Versus 1. Union of India, through the Secretary, Ministry of Railways,Rail Bhavan, New Delhi - 110 001. ...Applicants 4 O.A. No. 788/2010 2. The General Manager, Head Quarters Office, CST, Mumbai 400 001. 3. The Divisional Railway Manager, Central Railway, Pune Division, Pune 411 001. ...Respondents ( By Advocate Shri V.D. Vadhavkar ). O R D E R (Oral) Per: Justice A.K.Basheer, Member (J)
Applicants are stated to be working as Junior Trackman under Divisional Railway Manager in the Central Railway at Pune. It is beyond controversy that before their absorption as Junior Trackman in Group 'D', applicants had been working as Licensed Porters at Pune Railway Station.
2. It appears that the Railway Board had received several representations from various quarters to give an opportunity to these employees working in the category of Trackman to exercise option if they wanted to revert back as Licensed Porters. The Railway Board had acceded to the above request and accordingly issued an order dated September 25, 2009, copy of which is available on record as Annexure-A-4. Relevant portion of the said order is extracted hereunder :
.........The matter has been considered by the Ministry of Railways and it has been decided that as a one-time measure, all those Licensed Porters, who have been appointed and joined as Gangman, or have been screened but not yet joined the post and who now want to revert back as Licensed Porters and want their badges back, may be 5 O.A. No. 788/2010 allowed to revert back as Licensed Porters at the same place where they were working before subject to the condition that there is need for Licensed Porters at the same station. This shall be permissible as a one-time measure and they should be given time of two months to exercise their option. In the case of Licensed Porters who have joined the post of Gangman, they are required to resign from Railway service, subject to usual terms and conditions, before they are allowed to revert back as Licensed Porters.
3. On October 23, 2009, the Divisional Office, Personnel Branch, Pune issued Annexure A1 order in terms of the directions contained in Annexure-A-4.
The relevant portion of the above order is extracted hereunder:
........It is requested to advise SE (P.WAY)'s under your control to give vide publicity to this letter within Gangman who are absorbed from Licensed Porter and are working under their control. It is requested to collect applications in triplicate from willing Gamgmens who want to revert back as Licensed Porter and forward the same to DRM (P), Pune in Duplicate with their full particulars up to 25.11.2009. Further, no application will be entertained. Applications from the Gangman who have previously applied also be taken with their full particulars.
4. It is the case of the applicants that they had exercised their option in terms of the above two orders and submitted their applications on various dates in February-March, 2010. In fact two applications are seen to have been submitted in February and all others in March, 2010. It is also seen that applicant no.12 had submitted his 6 O.A. No. 788/2010 application on November 16, 2009. Any how, we do not propose to deal with that issue at this stage in view of the order that we propose to pass.
5. Admittedly, no orders were passed by the respondents on these applications and applicants still continue to work as Trackmen. It is in these circumstances the applicants have filed this Original Application with a prayer to issue a direction to respondent No.3 to consider their representations and revert them as Licensed Porters at Pune Railway Station. They have further prayed for an appropriate order quashing Annexure-A-1 letter issued by respondent no.3.
6. In the written statement filed by the respondents, it is contended that those Trackmen who wanted to get reverted as Licensed Porters had to exercise their option within two months from the date on which Annexure-A-4 order was issued. However, the applicants had made their request only in March, 2010 and, it was therefore, that their applications were not considered.
7. In the course of the arguments Shri Marne who appears for the applicants submits that the applicants will be satisfied if a direction is issued to respondent No.3 to consider and pass orders on Annexure-A-5 series-applications submitted by the applicants with utmost compassion and sympathy.
7 O.A. No. 788/20108. Having heard learned counsel for the parties and having perused the materials available on record, we are satisfied that the above prayer is just and proper in the facts and circumstances of the case.
9. It has to be noticed that the Administration had come out with the above Scheme as a one-time measure giving a section of the employees an opportunity to exercise their option to get themselves reverted as Licensed Porters. There is considerable force in the contention raised by learned counsel for the applicants, that Annexure-A-1 and A-4 did not, in so many words, fix a cut off date. Most of these employees being illiterate they might not have been in a position to come to know about the order promptly. He further points out that these applicants are put on duty on the tracks away from the Railway station.
10. In our view, it is a fit case in which the Administration has to take a lenient view and consider the request made by the applicants with utmost humaneness and compassion. However, we hasten to add that the applicants will be necessarily bound by the terms and conditions indicated in the orders, in case they are allowed to revert back as Licensed Porters and only if there is need for Licensed Porters at the same station as has been clearly indicated in Annexure-A-4.
11. Decision in the matter shall be taken by 8 O.A. No. 788/2010 respondent No.3 in accordance with the rules and regulations governing the field and also keeping in view the fact that it is a one-time measure. It shall be ensured by respondent No.3 that an authorized representative of the applicants is heard before a decision is taken in the matter. Such a decision shall be taken by respondent No.3 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this order.
12. The Original Application is disposed of in the above terms. No costs.
(R.Bandyopadhyay) (Justice A.K.Basheer) Member (A) Member (J) mf