Central Administrative Tribunal - Patna
Amit Kumar Ray vs East Central Railway on 12 June, 2024
1 OA 350/2024 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00350/2024 Date of Order :12.06.2024 COR AM HON'BLE MR. AJAY PRATAP SINGH, ......JUDICIAL MEMBER Amit Kumar Ray, S/o Sri Akhileshwar Yadav, resident of Village Village--
Paroria, Post-Mangalgarh, Post P.S.-Hasanpur, Hasanpur, District District-Samastipur--
848208. At present employed as Track Maintainer Maintainer-II II under Sr. Section Engineer/P.Way, Hasanpur Road under East Central Railway, Samastipur.
stipur.
.......... Applicant.
- By Advocate : Shri J.K.Karn.
-Versus
Versus-
1. The Union of India through the General Manager, East Central Railway, Hajipur 844101.
2. The General Manager, Manager, East Central Railway, Hajipur 844101.
3. The Chief Personnel Officer, East Central Railway, Hajipur 844101.
4. The Divisional Railway Manager, E.C. Railway, Samastipur 848101.
5. The Divisional Railway Manager (Personnel), E.C. Railway, Samastipur Samastipur-848101.
6. The Sr. Divisional Personnel Officer, E.C. Railway, Samastipur 848101.
7. The Divisional Personnel Officer, E.C. Railway, Samastipur 848101.
......... Respondents.
By Advocate :- Shri Bindhyachal Rai, ld. ASC O R D E R [ ORAL ] Per- Ajay Pratap Singh, Member (Judicial) Heard learned counseel for parties through virtuall modee.
2 OA 350/2024
2. By way of present Original Application applicant seeking direction to DRM, Samastipur division to consider representation dated 22.05.2024 to award appropriate marks for correct answers to question no. 330and 79 and consider for promotion to post of Junior Engineer (P.Way) Level--6, pursuant ursuant to notification dated 20.05.2022.
3. It is the case of applicant that he is working as Track--Maintainer Grade-II II under Senior Section Engineer (Path Way) and appeared under LDCE, Quota 20% in Civil Engineering Department for promotion to the post of Junior Engineers (P.Way), level-6 level 6 pursuant to notification dated 20.05.2022 and written exam held on 11.02.2024. The final result declared based on incorrect answer keys. Respondents published on 14.02.2024 (Annexure A/3), provisional answer keys and list list of candidates with liberty to challenge answer keys by filing objections.
4. It is also the case of applicant set out in the present OA that applicant was given Set Set-'C' 'C' of answer sheet and answer keys for Question uestion No. 2,4,10,30,39 and 79 is incorrect in provisional answer keys (Annexure A/4) and 3 OA 350/2024 applicant challenged correctness of answer keys vide representation dated 19.02.2024. Final revised answer keys uploaded on 21.02.2024 (Annexure A/6) and objections to Question uestion No. 2,4,10 and 39 accepted and answer keys corrected accordingly. But respondents have not accepted objection to Question uestion No. 30 and 79 and to correct answer keys related to Question No. 30 and 79
79.Representation epresentation dated 22.05.2024 (Annexure Annexure A/7 A/7) is pending before Sr. DPO/DRM Samastipur, East Central Railway and respondents may be directed to consider representation dated 22.05.2024 (Annexure A/7) and applicant be awarded marks for Question No. 30 and 79 which are correct as per authentic text-material text rial and in place of negative marking, applicant be awarded more marks for marking correct answers to Question No. 30 and 79 and applicant be placed over and above other candidates with less marks.
5. Applicant also made averments in OA that in OA No. 258/2014, 258/2014, Ranjeet Kumar vs. UOI &Ors vide order dated 17.05.2024 (CAT Ranchi) on glaring error, inadvertent mistake directed to be corrected so that for no fault of 4 OA 350/2024 employee, his fundamental right for consideration for promotion is not taken away.
6. Shri J.K.Karn, learned counsel for applicant argued that there is material error crept in revised final answer keys related to Question No. 30 and 79 in LDCE, 20% quota for promotion to Junior Engineer (P.Way) pursuant to notification dated 20.05.2022. The appl applicant icant deserves award of marks for Question No. 30 and 79 as per authentic material, answered correctly.
7. Shri J.K.Karn, after arguing for some time submits that applicant would be satisfied if respondents are directed to consider pending representation dated 22.05.2024 (Annexure A/7) before Sr. DPO, Samastipur and if applicant found entitled for marks for correct answers, same be granted with consideration for promotion.
8. Shri Bindhyachal Rai, learned Additional CGSC for respondents fairly submits tha thatt applicant's pending representation dated 22.05.2024 (Annexure A/7) related to Question No. 30 and 79 and error in final revised answer 5 OA 350/2024 keys, if not decided already, same shall be considered in accordance with law.
9. In view of above submissions, withou withoutt expressing any opinion on merit of the case, this Tribunal deems it just and proper, principles of natural justice will be met and hereby direct respondents authorities/Sr. DPO, Samastipur to consider each contention of applicant stated in pending representation dated 22.05.2024 (Annexure A/7) by passing representation a reasoned and speaking order within a period of ninety days from production/receipt of copy of order passed today and same shall be communicated to the applicant at earliest.
10. In view of above observa observations tions and directions, the Original Application is accordingly disposed of at admission stage.
11. No order as to costs.
[Ajay Pratap Singh ]) Member (J) Pkl/