D.B. Civil Writ Petition No. 1715/2002 and D.B. Civil Misc. Stay Application No. 1461/2002. Case: Padam Chand G. Vs The Central Administrative Tribunal, Jaipur Bench and Ors.. Rajasthan High Court

Case NumberD.B. Civil Writ Petition No. 1715/2002 and D.B. Civil Misc. Stay Application No. 1461/2002
CounselFor Appellant: Pradhuman Singh on behalf of Mukesh Agarwal, Adv. and For Respondents: Ganesh Chandra Gupta on behalf of Shailesh Prakash Sharma, Adv.
JudgesMohammad Rafiq and Prakash Gupta, JJ.
IssueRailway Property (Unlawful Possession) Act, 1966 - Section 3
Judgement DateMarch 24, 2015
CourtRajasthan High Court

Order:

  1. This writ petition has been filed by petitioner, Padam Chand G., way back in the year 2002 challenging order dated 19.11.2001 passed by Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') in Original Application No. 251/2001 with the prayer that the respondents be directed to modify order dated 06.06.2001 and regularise services of the petitioner on the post of Khallasi in the Department of Carriage and Wagon instead of Engineering Department with all consequential benefits.

  2. The petitioner was initially appointed on the post of Khallasi on 19.06.1978 under Head TXR, which post has now been re-designated as C.W.S.(G) Carriage and Wagon(Senior Section Engineer (General). Since then, he was discharging duties on the post of Khallasi. The petitioner submitted various representations to the respondents for regularisation of his services on the post of Khallasi. The petitioner was screened for the purpose of regularisation on 02.06.1984 and was found fit, but at that time, a criminal case under Section 3 of R.P.U.P. Act was pending against the petitioner and Prem Singh, another employee working on the same post as Khallasi on casual basis, therefore, his case could not be considered for regularisation. According to the petitioner, many of his juniors were regularised and posted on the respective posts. Criminal case under Section 3 of R.P.U.P. Act was decided by the Court concerned vide judgment dated 07.06.1999, whereby the petitioner and aforenamed Prem Singh were acquitted. The petitioner submitted an application to the respondents on 16.08.1999, requesting that since he has been acquitted, therefore, he may be given regular appointment on the post of Khallasi with seniority and all other consequential benefits on the basis of screening test held on 02.06.1984. Two more applications were also submitted by the petitioner in this behalf on 02.05.2000 and 24.07.2000. Senior D.P.O. of the respondent passed an order on 02.05.2000 on last of such application of the petitioner made on the same day stating that after enquiry, reply be sent to the petitioner, but no reply was sent to the petitioner. Finally vide letter dated 27.07.2000, the petitioner was informed by the respondents that major DAR case was pending against him, therefore, he could not be reqularised. The aforesaid DAR case eventually resulted in awarding of penalty of stoppage of one annual grade increment without future effect vide order dated 21.02.2001.

  3. At the time when original application was filed by the petitioner before the Tribunal, his appeal filed against the said order was pending. The Tribunal vide impugned order dismissed the original application filed by the petitioner accepting contention of the respondent-Railways that on account...

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