• 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.
 Regards.
Asked 5 months ago in Labour from Kalyani, West Bengal
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.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
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”
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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