Direction of CAT to Railway Board to implement its own circular.
1. I was appointed on 02.06.1976 through Railway Service Commission in Public Relations department of Eastern Railway under PR ( Misc.)Cadre. In due course of time I was promoted to the rank of Sr.PRO (Sr. Scale) post on 07.08.1992 under same cadre.
2. As per Railway Board’s All India Circular No.89E(GC)1-15 dated 04.05.1989 the incumbents of Sr.PRO posts are entitled to tender option to join in TT&CD(Commercial deptt.) cadre. I had opted and sent the same to Railway Board through General Manager, Eastern Railway with recommendation of Chief Commercial manager. Subsequently the GM wrote letter to Railway Board to transfer me along with the post followed by 4 reminders and one D.O. letter with even request. The Railway Board did not dispose the said letters as yet violating its own circular and left me in P R cadre.
3. Since my promotion in Sr.PRO I was posted under Chief Commercial Manager to perform Commercial jobs till the last day of my retirement on 31.08.2011.
4. In the course of time I was promoted to Chief PRO (Jr. Administrative Grade), but was posted in Commercial Deptt. to do commercial jobs.
5. In the mean time for fulfilling criteria of 14 years’ service in the same grade, I was entitled to “Selection Grade”. I had applied for that which was followed by three reminders. But in this case also my prayers were not granted by Railway Board.
6. Finding no alternative, I had filed a case in Central Administrative Tribunal, Calcutta. The CAT opined in its order dated 08.03.2016, that since I was not en-catered in TT&CD (Commercial) deptt. I was not eligible for “Selection Grade”..
7. As this is not my fault that I was not en-cadred myself and as this is grossly the fault of Railway Board, which had offended Article 14 of Constitution of India and did not en-cadre my services in Commercial Cadre violating its own National Circular, I intend to file another Application in CAT praying for direction to Railway Board to Encadre me in TT&CD cadre with retrospective effect and award me consequential relief of “Selection Grade”.
Now question is : Is my decision as in para 7 permissible by Law/ Rules and can I get en-cadred in terms of said circular with retrospective effect by paying me all consequential benefits with interest. Kindly advise giving and quoting references of similar decisions taken by Supreme Court.
Asked 2 years ago in Labour from Kalyani, West Bengal
Can I take the order of Central Administrative Tribunal dated 08.03.2016 (vide para 6 above) as consequential Cause of Action ?
Asked 2 years ago
Can pray for Plural relief (1) Encadring in TT&CD cadre in terms of Railway Board's circular in force and (2) award me "Selection Grade" on being encadred in TT&CD cadre?
Asked 2 years ago
The order passed seems to be in gross violation of the established rules of law.
So you better challenge the order of CAT in High Court.
Since the order of CAT is not before me I am not in a position to make further comment.
Since I am a practicing advocate in Calcutta High Court in service matters you may feel fee to contact.
1) if Railway Board had failed to implement its circular inspite of repeated reminders you should have immediately moved CAT at that point of time
2) CAT will not grant you any reliefs in your application to Encadre you in TT&CD cadre with retrospective effect and award you consequential relief of “Selection Grade”
your application to CAT was rejected on grounds that you were not eligible for “Selection Grade”..
you would not be Encadring in TT&CD cadre
consequential reliefs would not be granted
Does this "Kaanoon" portal depute advocate from its panel for appearance in any case in National Commission for Consumer affairs, New Delhi and / or in Supreme Court, New Delhi on behalf of his client of remote area. if yes, what are the procedure and terms?
Asked 2 years ago
1) you have to approach advocates practising in SC or national consumer forum from this website on your own
2) website does not depute advocates
You can seek this prayer through a fresh petition before CAT, and if the CAT against overrules you then you may move the High Court. The cause of action does not stem out of the CAT order, it originates from the inaction of the Railway Board.