Central Administrative Tribunal - Kolkata
Hemranjan Singha vs Eastern Railway on 10 October, 2023
We CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA 0.A. 563/2016(Kolkata) Dated: 10.10.2023 Coram: Hon'ble Justice Mr. Rajiv Joshi, Judicial Member Hon'ble Mr. Anindo Majumdar, Administrative Member 'Hem Ranjan Singha, Son of Late Sachindra Nath Singha, aged about 47 years, working as Diese! Khalasi Helper under Senior Section Engineer, Loco, Eastern Railway, Malda Town, residing at Railway Quarter No. 42/D, Jhaljhalia Railway Colony, .P.O. Jhaljhalia, District - Malda, Pin - 732102. beceeeeees Applicant. . - Versus - 1) The Union of India, through the General Manager, Eastern Railway, Fairlie Place, Kolkata '-~ 700001. . 2. The Divisional Railway Manager, Eastern Railway, P.O. Malda Town, District - Malda, Pin: -' 732102. 3. The Senior Divisional Personnel. Officer, Eastern Railway, Malda Town, Jhaljhalia, District Malda, Pin- 732102. . 4. The Senior Divisional Mechanical Engineer, Eastern Railway, Malda Town, Jhaljhalia, District Malda, Pin - 732102. 5. The Divisional Mechanical Engineer (P), Eastern Railway, Malda Town, Jhaljhalia, District Malda, Pin - 732102. 6. Ramesh Chandra Mondal, Grade - Hi, Mechanic, Senior Section Engineer, Loco, Eastern Railway, Malda, P.O. Jhaljhalia, District Malda, Pin - 732102. 7. Sujit Kumar Ghosh, Grade-ll, Mechanic, Sehior Section Engineer, Loco, Eastern Railway, Malda, P.O. Jhaljhalia, District - Malda, Pin - 732102. j ' bev eeeaeeees Respondents. en ee eae, f 3 | . | | t OA. 563.2016 - LUBRARY, St 2 0.A, 563.2016 rn For the applicant ; Mr. T.K. Bisws, Counsel. For the respondents : Ms. D. Nag, Counsel ORDER (Oral)
Per: Anindo Majumdar, Administrative Member:
The applicant has approached this Tribunal under Section .19 of the Administrative Tribunals' Act, 1985 seeking the following reliefs:
"ay, Direction upon thé respondents Authorities to correct the seniority position as per Divisional Seniority under Divisional Mechanical Engineer, Malda Town and
-. accordingly the date of. promotion of the applicant be fixed above the Private Respondents and the consequential benefit be given after fixing the seniority position and date of promotion:
b) Direction upon the respondent authorities to fix the seniority position and date of promotion of the applicant as per corrected Divisional Seniority basis and applicant be given consequential benefit of promotions and fixing the salary retrospectively on or above the Private. Respondents and also arrear salary with interest.
c) And/or to-pass such other or further order or orders as to this Hon'ble Tribunal may deem fit and proper;" ,
2. The facts of the case are summarised as below:
21 Sri Hem Ranjan Singha': (SC), herein the applicant, was initially | appointed as Fitter Khalasi, on 05.10.89 Loco Shed at Sahibganj. 2.2 Sri Ramesh Chandra Mondal (SC) respondent No.6 -was initially .
appointed as B.M. Khalasi, Loco Shed at Sahibganj on 05.10.89. | 2.3. The applicant and respondent No. 6. were declared surplus on _ account of closure of Loco Shed at Sahibganj in the year 1995 and both of them were fehabilitated as Diesel Khalasi in the fueling point of Mechanica] Department, Malda and re-designated as SSE/Loco/MLDT. 2.4 Interms of para 313A of IREB Vol-1, seniority of surplus-rehabilitated Diesel Khalasi were aésigned below all the then existing Diesel Khalasi maintaining interse_seniority of those rehabilitated. In terms of Para 314 of IREM, Vol.l . 7 t 3 0.A. 563.2016 respondent No.6 (date|of birth 24.09.67) being older than the applicant (date of birth 01.11.69) was assigned higher seniority than the applicant even though the - te | oo date of appointment of both of them is same. + | r . | .
2.5 Sri Sujit Kr! Ghosh, respondent No.7 was 'initially appointed as Diesel Khalasi on 06.05.92 in fueling point under SSE/Loco/Malda. He was promoted to the post of Khalasi Helfer wes 01.03.93.
3. The applicant had submitted a representation dated 09. 42, 2014 to the Sr. D.P.O., Eastern ralway, Malda against the Seniority (Provisional) of the Loco | .
Wing Non-Running Staff under DME(P), Malda claiming that he is: senior to Shri | .
R.C. Mondal (Respondent No. 6). He had submitted another representation to the Sr. D.P.O., Eastern Railway Malda on the same matter, which is reproduced below:
I | | "To | The Senior DPO, Eastern Railway, | MALDA | | ! Through Proper Channel Sir :
Sub:- Appeal against the Seniority (Provisional) of the Loco Wing non- running staff under DME(P), MLDT Ref:- Sr. BPO's Letter No. EM/N F(Loco)/seniority/MISC/MLDT, dt. 24.09.14, With reference to.Sr, DPO'S:Provisional seniority of Loco wing non-running staff under DME(P) MLDT, 1 Hem Ronian Singha, Helper under SSE (Loco) put forward my objection against the seniority. ° .
That | got the promotion on 17.04.2001 whereas R.C Mondal got the promotion of Khalasi Helper on 11.03.98 without assigning my reason, i In' view of the above, | would therefore pray to your honour that investigate the matter on its true perspective and promote me as per my seniority 'since my date of appointment was on 05.10.1989 of S8G -
| That | am m denior to him as | joined at Malda on 30.07.1995 whereas, he (R. Cc.
Mondal) Joined oni20-08.1995. Naturally | am senior to him.
Your necessary action solicited.
| Thanking you, aa _ ¥
4 0.A,.563.2016 Yours faithfully, Sd/-
_ (HEM RANJAN SINGHA) DSL. Khalasi Helper, Under SSE(Loco), Eastern Railway, Maida." 4, . The Senior Divisional Personnel Officer, Eastern Railway vide memo No. EM/Nr(Loco)/Seniority/Misc./MLDT dated 26.03.15 has' rejected the representation of the applicant. The said letter is reproduced below:
"No.EM/NR(Loco)/Senirity/Misc./ML.DT Malda, dated 26 .03.15 . Sri Hem Ranjan Singha DSL/Khalasi helper Under SSE(Loco)/MLDT (Through SSE(Loco)/MLDT) Sub: Reply against appeal of Sri H.R.Sinha, Ds!. Kh. helper/MLDT towards seniority of Loco non running wing of Mechanical department. Ref: 1} This office letter of even No. dated 24.09.14 {
2) Your appeal dated 09.1214.
3) President, AISCTREA!/MLDT's letter No. SCT/ ASSON/Griv/MLDT dated 13.01.15.
In reference to the above, it is mentioned that you alongwith S/Sri Ramesh Chandra Mandal, Binoy Soren, Kshemarun Roy had been transferred from SBG Loco shed to MLDT Fuel Point on account of closure of Loco shed/SBG being declared surplus. All the four of you were rehabilitated at MLTD Fuel Point in same pay and scale vide DPO/MLDST's 0.0. No. 67/1995 dated 05.06.95 keeping the inter-se seniority undisturbed among you four employees and the position was assingned in seniority 'list published under, No. EM/MLDT/Seniority/ Fuelling Pt. dtd. 015 /03™ January, 1997 ( copy enclosed), Sri Ramesh Chandra Mandal was senior to you in Loco shed/SBG and as per inter-se seniority Sri Mandal become senior to you at MLDT Fuel Point. Accordingly Sri Mandal .was Promoted as DSL/Khalasi helper in scale Rs. 2550-400/- vide DPD/MLDT's 0.0. No. 02/1998 dkt. No. EM-2/MLDT/Fuel Pt. dated 11.03.98. ' DA: As mentioned above.
' Sd/-
(u. K. Sinha, APO- tl) for Sr. Divi. Personnel Officer Eastern Railway, Malda"
5. We have heard Ld. Counsels for both sides and have examined the material on record.
6. We find that the applicant has not challenged the aforesaid order of the Senior Divisional Officer, Malda dated 26.03.2015 rejecting his application in this 5: OA, 563.2016 & .
Original Application. Moreover, the relief sought by the applicant in the Original Applicant is vague and not specific...
7. in view of the aforesaid reasons, we find that this Original Application is liable to be dismissed arid we order accordingly. There will be no order as to costs...
(Anindo ajumdar) | (RajivJoshi) --
Administrative Member , Judicial Member
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