Central Administrative Tribunal - Allahabad
Kallan Prasad vs General Manager N C Rly on 20 August, 2020
1
Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL,
ALLLAHABAD BENCH, ALLAHABAD
Allahabad, this the 20h day of August, 2020
Present:
Hon'ble Mrs. Justice Vijay Lakshmi, Member
Original Application No. 330/0370/2020
(U/S 19, Ädministrative Tribunal Act, 1983)
1. Kallan Prasad aged about 58 years son of Ram Jiyavan
Yadav, R/o Village Murwan Post Gigina, District Mirzapur.
2. Paras Nath Prasad son of Ram Vachan Rarn.
3 Janardan Yadav S/o Mukh Deo Yadav.
4. Sitani Adiwasi S/o Kallu Adiwasi.
5 Janaradan Yadav S/o HotiYadav.
6 Ramji Yadav S/o Shiv Jogi Yadav.
7. Shiv Bhabhuti YadavS/o Ram Pravesh Yadav.
8 Kalamuddin S/o Mohd. Zaheer.
9 Zakir Husain S/o Mohd. Bashir.
10. Mushtag Ahmad S/o Iftekhar Ahmad.
11. Kali Dayal Yadav S/o Hardas Yadav.
12. Ram Asare S/o Jagmohan.
13. Manik Chandra Patel S/o Shivraj.
14. Bhagwandeen S/o Ram Lal.
15. Birbal S/o Sohan Lal.
16. Rajendra S/o Beni Prasad.
17. Shiv LalS/oRaj Narayan.
18. Dharam Jeet S/o Phya Ram.
2
LajiS/o Ram Lakhan.
19.
Dilkeshwar S/o Pachuram.
20.
21.
Mustaq Ahmad S/o Maqbool.
22. Santosh Kumar Pandey S/o Shambhu Nath Pandey.
23. Ram Tirath S/o Shankar Lal.
24. Amar Nath Gupta S/o Ram Jatan Gupta.
Yadav.
25. Munna Yadav S/o Bliram
Pandey.
26. Vipin Kumar Pandey S/o ram ¤vtar
Lal Yadav.
27. Badri Prasad Yadav S/o Amrit
Verma.
28. Hari Kumar S/o Daya Shankar
29. Ramesh Chandra S/oRam Narayan.
Yadav.
30. Dharam Singh S/o Late Khusru
Pandey.
31. Virendra Pandey S/o Late Jamuna
Singh.
32. Suresh Singh S/o Ramhit
Thakur Prashad Panday.
33. Jor Hoo Lal Pandey S/o
Ram Sumer.
34. Mangala Prasad S/o Late
Dhiraj.
35. Ramraj Gupta S/o
Ram Dhari Rai.
36. Ganga Sagar Rai S/o
37. Shobha Lal S/o Hublal.
38. Munna Lal S/o Birji Lal.
Tiwari.
39. Arvind Tiwari S/o Sona
Swaroop Sharma.
40. Rajmani Sharma S/o Ram
Singh.
41. Ram Gopal S/o Nihal
Swaroop.
42. Shiv Datt S/o Ram
S/o Jargadiya.
43. Rajveer Singh
Yashpal Singh S/o Nanva Singh.
44.
45. Ram Kumar Sharma S/o Ranveer Prasad.
46. Niranjan Singh S/o Gajraj Singh.
47. Ashok Kumar S/o Rampal Singh.
48. Ramesh Chandra S/o Phool Singh.
49. Bhola Shankar S/o Khushal Singh.
50. Ranjeet Singh S/o Netra Pal.
51. Javar Singh S/oSujan Singh.
52. Braj Mohan S/o Kanchhi Prasad.
Narayan Srivastava.
53. Anil Kumar Srivastava S/o Ramdev
54. Ashrafi Lal S/o Chhedu Lal.
55. Masuriya Deen S/o Late Mauji Lal.
Janardan Prasad Upadhyay.
56. Dinesh Kumar Upadhyay S/o
57. Hariraj Singh S/o Gangu Singh.
Mohammad.
58. Mahmoo Alam S/o Aziz
59. Murari Prasad S/o Bhagelu Prasad.
Yadav.
60. Kishan Yadav S/o Shiv Janam
61. Rajaram S/o Maniram.
Jangi Lal Bhasma.
62. Vijay Kumar S/o
Mohammad Ali.
63. Mohammad Sarwar S/o
Jageshwar Prasad.
64. Ram Vishal S/o
Mangal Patel.
65. Ram Milan Patel S/o Jay
66. Singhasan S/o Dhaneshwar.
Lal.
67. Dheer Singh S/o Kesh
Singh S/o Ramanand Singh.
68. Amar
S/o Ram Bhajan.
69. Pawan Kumar
Sadal.
70. Jeet Lal S/o
1 Baij Nath Gupta S/o
Kishan Lal Gupta.
72. Bihari lLal S/o Ram
Lakhan.
73. Prem
Chandra YadavS/o Chandrika.
74. Madan Yadav S/o Radha
Kishan Yadav.
75. Phool
Chandra S/o Chandra Pal.
76. Nabi Husain S/o
Asgar Ali.
77.
Omprakash S/o Gopram.
78.
Mohammad Nisar S/o Mohammad Basir.
79. Ramnath S/o Shivlal.
80. Abbal Singh S/o Gopichandra.
81. Nasir Ahmad S/o Mo. Basir.
82. Lakshman Prasad Sonkar S/oRamdeen Sonkar.
83. Kamlesh Kumar S/o Ghaseeta Lal.
84. Satyawan Singh S/o Daufi Ram.
85. Siyaram S/o Ramswaroop.
86. Om Prakash IIS/o Gopi Ram.
87. Ramesh Chandra S/o Gyan Singh.
88. Rajesh Kumar S/o Amar Singh.
89. Rajeshvwar Prasad S/o Heera Lal.
90. Govind Mishra S/o Kodia Mishra.
Yadav.
91. Dinesh Kumar Yadav S/o S.N.
92. Banwari LalS/o K.P. Prasad.
93. Mohd. Saleem S/o Jalaluddin.
Prasad.
94. Ashok Kumar S/o Hari
Lakhan.
95. Nand Lal S/o Ram
Genda Lal.
96. Ramesh Chand S/o
97. Tej Singh S/o
98. Ramraj Patel S/o D.N. Patel.
99. Mohd. IshrailS/o Mohd.Amin.
100. Shiv Baran Yadav S/o Shiv Dayal.
101. Jay Pal Savita S/o Shivram Savita.
102. Durga Prasad S/o
103. Sobh Nath S/o Lata Jagmohan.
All Parcel Porter under Allahabad Division,
Allahabad.
...Applicants.
By AdvOcate - Shri Vinod Kumar.
VERSUS
1. Union of India through General Manager, North Central
Railway Subedarganj, Allahabad.
2 The Divisional Railway Manager, North Central Railway,
Allahabad Division, Allahabad.
3 Senior Divisional Personal Officer, North Central Railway
Allahabad.
4. Senior Divisional Commercial Manager, North Central
Railway, Allahabad.
.....Respondents.
By Advocate: Shri S.M. Mishra.
ORDER
This O.A. has been filed before this Bench during period of Unlock-3.
6ShriVinod Kumar, Advocate for the applicants and Shri 2 aM Mishra, Advocate for the respondents, who has appeared on advance notice, are present in Court.
3. Heard learned counsel for both the parties and perused the record.
4 By means of this OA the applicants have prayed for the following reliefs:
i. To issue an order o direction in the suitable nature of directing the respondent authorities to reqularize the services of the applicants with effect from 02.07.1997 at par with other similarly situated college empoyees of the department in the light of judgment passed by Hon'ble Supreme Court Al1 India Railway Parcel & Goods Porters Union Vs. Union of India and others (2003) 11 Supreme court Cases 590.
direction in the
ii. To isSue an order or
suitable directing the respondents
nature
regular
department to treat the applicants as effect from employee i.e. parcel porters withconsequential 02.07.1997 and then extend the all period as to benefits to them within specified Tribunal.
specified by this Hon'ble direction, which this iii. To issue any order or proper in the Hon'ble Tribunal may deem fit and case.
facts and circumstances of the application to the iv. To award the cost of the applicant."
7outset
5. Learned counscl for the applicants at the very submitteod that the applicants will be satisfied if the respondents are directed to consider their representation has been which is pending since long, copy whereof manner, annexed as Annexure -12. within a time bound this while keeping in view the judgments rendered by Tribunal in OA No. 104/2010 DavaNand Gupta and othexsV.
and by Union of India and others. decided on 16.05.2011 Petition No. 65108 of Hon'ble High Court, Allahabad in Writ DayaNand Gupta and 2011 Union of India and others v.
reasoned and speaking others, decided on 16.04.2013.by a order.
respondents has raised a
6. Learned counsel for the that the matter is preliminary objection by contending pending representation is highly time barred and even the evident from the perusal of the postal of year 2016 which is receipt dated 08.11.2016.
objection, learned counsel
7. In reply to the preliminary contended that the delay if any caused for the applicants has any adverse affect in view of the in this matter, will not cause rendered in case of K.C. Judgments of Hon'ble Äpex Court Sharma and others v. Union of India and 25.07.1l1997 SLR others, decided on 1997 (4) 774.
8. Learned counsel for the applicants prayed that the applicants are ready to move a fresh representation beiore the respondents and the same mav be directed to be decided by the respondents in a time bound manner.
9. Considering the facts and circumstances of the cas no useful purpose will be served in keeping this matter pending and it is finally decided at the admission stage with a direction to the applicants to move afresh representation, ventilating all their grievance, before the respondent No.2 within a period of one month from the date of receipt of certified copy of this order. If the applicants move their representation within one month before the Respondent No.2, the Respondent No.2 shall decide it by a reasoned and speaking order in accordance with law and keeping in view the Judgment rendered in aforesaid mentioned OA and the Judgment passed by Hon'ble High Court in writ petition No. 65108 of 2011, within a period of three months from the date of receipt of the fresh representation,aloy lha
10. It is made clear that this Tribunal has not expressed any opinion on the merits of the case.
11. With the above direction, the O.A, stands disposed of.
12. No order as to cost.
Justie Vijay Lakshmi)
Member )
/shakuntala/