Central Administrative Tribunal - Kolkata
Mithun Sinha vs Eastern Railway on 16 May, 2018
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DETAILS OF THE APPLICAIO1q
PARTICULARS OF THE APPLICANT.
Mithun Sinha, son of Robindra Nath Sinha, aged
$Ofl.. Cf
about 40 years, residing at Village & Post Office
- Sitakundu, P.S. Barulpur, District - 24
Paraganas (South), Koikata-700144.
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Hareram Yadav, son of Lachmi Yadav, aged about
D. , Sital Da, r ozn cf Kdyanath Das,.dged ab .
.51 years, residing at Village . Bally, Choto
P.o!3t
Durgapur, Post Office - Durgapur, P.S. - Bally,
District - Howrah, Pin-711205.
Ganesh Prasad, ;on of Ashrafl Prasad, aged
.. 3u ometra Cho, SCfl of-.t- .vd-v Jo
about 51 yeais, residing at 8, Madhab Ghosh Road,
aqe about •e: S. . . 4.
Post Office - Salkia, -P.S. - Gol°abarj, District -
Howrah, Pin-711106.
Suresh Prasad Shaw, son of Ram Swaroop Shaw,
aged about 47 years, residing at 81 Madhab Ghosh
Road, Post- -OffiCQ Salkia, P.s. - olabari,
District - How.rah, Pin-711106
5Sital Das, son of Bidyanath Das, aged about 48
years, residing at -
Raghudev Bati, P.S. Sankrajl, District - Howrah,
Pin-711310.
6. Soumetra Ghosal, son of Late Joydev Ghosal,
aged about 46 years, residing at 59/Al1, Khetra
itra Lane, Salkia, Howrah, Pin-711106.
Ashok Rai, son of Mahesh Rai, aged about 39
years, residing at • New Basti Dhankheti Mohal],a
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Titagarh, (Near Durga Press), P.S. - Khardah, 24
7' .-- 2.
ParganaS (North), pjn-743188.
Jawhar Ram, son of Late Raghunath ram, aged
about 57 years, residing at 23/1, Rameshwar
Mallia, 1st By Lane, 57, Howrah, pjn-711101.
Sudarshan Chowdhary, son of Sheo Lakhan
Chowdhary, aged about 42 years, residing Lakhi
Ghat, Chowdhury Para, P.S. Khardah, Post Office -
Titagarh, Kolkata-7000119.
Bholanath Bhowrnik, son of late Atul Krishna
Bhowmik, aged about 47 years, residing at Village
Netirtaa!, Post Office Unani; p,p, jagachap,
District - Howrah, Pin-711302.
Shyamal Kolay, Son of late Dasarathi Kolay,
aged about 45 years, residing at Village Paschim
Barui Para, Post Office - Barupara,..,P..S. Singur,
- District - Howrah, Pin-712302 - -
- 12. Birendra Ram, son of Rajnarayafl Ram, aged
about 48 years, residing at Village Bally
Chotodurgapur, Post Office & P.S. - Bally,
District - Howrah, Pin-711205.
Lachman Ram, son of Ramdhari Ram, aged about
53 years, residing at 38/10, Fakir Bagan Lane,
Howrah, Pin-711101.
Sheswagar Chowbey, son of Badri Narayan
Chowbey, aged about 54 years, residing at House of
Gobinda Khanra, RamchadapUr, Bally, I-iowrah-711205.
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Sumer Paul, son of. Ramdeo Paul, aged about 44
years, residing at 42 Sonatan Mistry Lane,' Salkia,
P.S. - Golabari, Howrah, i 31106,. - i;
Bijay Sankar Ram, son of Chunnu Ram, aged
about 51 years, residing at 103, Fore Shore Road,
Post Office & P.S. - Shibpur, Mowrah, Pin-711102.
17;Bhagfrthi Santra,son of Shewdhar Santra, aged
the
thout 47 years, Behera Para, Near Girls High
-
School, Post Office -. Dasnagar, District - Howrah-
711101.
18. Binod Tiwari, son of Ramanugrh Tiwari, aged
about 38 years, residing at if, Ba iland goad (
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Post Office - Mohesh, P.S. - Srirampur, District -
Hooghly, Pin-712202.
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Applicants.
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-v E R S U S-
PARTICULARS OF THE RESPONDENTS:
India,
Eastern Railway, Fairlie-Place,, Kolkata-700001.
2) The Divisional Railway Manager, Eastern Railway,
Howrah-711101.
3). The Sr. Divisional Commercial. Manager, Eastern
Railway, Howrah-711101.
4) The Chief Parcel and Luggage Inspector, Eastern
Railway, Howrah-711101.
Respondents.
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No.O.A/350/1119/2016 Date: 16.05.2017
M.A.350/240/2016......... V
-: Coram: Hon'blè Mr A.K; Patnaik,Judiciàl Member
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For the applicant : Mr. A. Chakraborty, counsel
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Ms. P. Mondal, counsel. •-. .:
For therespondents :Mr. M. K. Bandyopadhyay, counsel
ORDER(ORAL)
A.K. Patnaik, Judicial Member This O.A.. has. been filed under Section 19 of the Central Administrative Tribunals Act, 1985 challenging the action of the respondents in not treating the applicants as regular employees from the date of their joining as Parcel Porters
2. In this O.A..the applicants have prayed forthé following reliefs:-
"a) Declaration that engagement oftheapplicants as Substitute is contrary to the direction passed.;by Hon!ble Apex ourt in Writ Petition No.WP(C) No.239 of 2008; V An order do issue directing the respondents to absorb the applicants in the Railway as Parcel Porters with effeet from the date of erigageriint a Substitute as they were screened and declared medically fit for absorption in the Railway;
Decision taken by the Railway respondents regarding engagement of the applicants as Substitute cannot be tenable in eye of law and the applicants may be treated as regular employee in the railway since the date of their appointment;
Leave may be granted to file this application jointly under rule 4(5)(a) of the CAT(Procedure) Rules, 1987."
3. The applicants have also filed an M.A.No.350/240/2017 seeking permission to file joint petition under Section 4(5)(a) of C.A.T.(Procedure) Rules, 1987. C Heard Id. counsel for the applicants, Mr. A. Chakraboy along with Ms. P. s-; - - -
Mondal. Id. counsel for the respondents, Mr. - M.K. Bandyopadhyay is also
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present and heard.
Having heard both sides, the M.A.350/240/2017 for filing joint petition is allowed. Pleadings are complete in the O.A., therefore, the matter should have been listed for hearing.
- Mr. A. Chakraborty fairly submitted that some similarly situated employees have been given the benefits as claimed by the applicants in this O.A., therefore, the applicants in the instant O.A. would besat!sfied if they are permitted to make comprehensive representations ventilating their grievances to the Respondent ...I No.2 i.e. the Divisional Railway Managers Eastern Railway, Howrah and the said authority is directed to consider -and-dispose of the same by passing a well I- I reasoned order keeping in mind the relevant rules and guidelines governing the field, within a specific time frame.
i.1 .-Considering: the afOreSaidfaCtS and-circumstances, I do not think that it would be prejudicial to either of the sides if-the applicants are permitted to file comprehensive representations(individually) to the Respondent No.2 ventilating their grievances and a direction is given to the respondent No.2 to consider and decide the same as per rules and regulations in force. Accordingly the applicants are given liberty to file comprehensive representations enclosing the relevant documents and a copy of this order, to the Respondent No.2 individually within a period of 2 weeks. In such a scenario, the Respondent No.2 i.e. the Divisional Railway Manager, Eastern Railway, Howrah shall consider and dispose of the said representations of the applicants by passing a well reasoned order keeping in \jQ 3 mind the relevant rules and gthdelines governing the field and communicate the result to the applicants within a period of six weeks from the date of receipt of such representations.
Though I have not gone into the merits of the O.A., still I hope and trust that if the applicants' claim are found to be genuine, they will be granted the relief within a further period of two months from the date of taking decision in the matter.
It is once again made clear that I have not gone into the merits of the case and all the points raised to be raised in the representations are kept open for consideration by the respondent authorities as per rules and guidelines governing the field With the aboveobservátiOflbOthtIOA and the,-M.A. stand disposed of.
NoorderastoCOSt. -
(A.Iak)
Judicial Member
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