Original Application No. 67/13 alongwith MA 358/2016. Case: 1 Mr Zahirkhan A Chauhan 2 Mr Amjad Nazirbhai Siddi Vs 1 Union of India 2 The General Manager, Western Railway 3 Divisional Railway Manager, W. Rly. Central Administrative Tribunal
| Case Number | Original Application No. 67/13 alongwith MA 358/2016 |
| Counsel | For Appellant: Shri P H Pathak, Adv. and For Respondents: Shri M J Patel, Adv. |
| Judges | Shri M. Nagarajan, Member (J) and Shri E K Bharat Bhushan, Member(A) |
| Issue | Administrative Law |
| Judgement Date | October 28, 2016 |
| Court | Central Administrative Tribunal |
Order:
Shri E K Bharat Bhushan, Member(A), (Ahmedabad Bench)
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The OA 67/13 has been filed by Shri Zahirkhan A Chauhan and Shri Amjad Nazirbhai Siddi who are working in the cadre of Sr. Commercial Clerks with the respondents, seeking to appear for selection for the post of Goods Guard in (Ranker) quota. They have filed MA 92/2013 for Joint Application which has been allowed vide order dated 6.3.2013.
2 The reliefs sought for is as follows:-
A This Honble Tribunal be pleased to declare the impugned decision on the part of respondent authorities to exclude the cadre of applicants for consideration for promotion to the post of Goods Guards is unjust, arbitrary, illegal and violative of Art. 14 & 16 of the Constitution of India and be pleased to quash and set aside the same and direct respondents to consider the case of applicants for promotion to the post of Goods Guards.
B Be pleased to declare that applicants are eligible and entitled to be considered for the post of Goods Guards and accordingly direct respondents to consider applicants to appear for selection.
C Be pleased to declare the decision of Railway Board to exclude the cadre of applicants for consideration for the post of Goods Guards as ultra-virus to art. 14 & 16 of the Constitution of India and be pleased to quash and set aside the same.
D Any other relief this Honble Tribunal deem fit and proper in interest of justice.
3 The applicant no.1 joined the service of the Railways as Assistant Loco Pilot w.e.f. 1.3.2000. On being medically decategorised and posted to the cadre of Sr. Commercial Clerk he was fixed at grade pay of Rs.2400/- and was absorbed in the grade pay of Rs.2800/-. Applicant no.2 joined the service of Railways as Assistant Commercial Clerk w.e.f. 8.10.2008 and was promoted to the post of Sr Commercial Clerk earning for himself a Grade Pay of Rs.2800/-. Both are eligible to be appointed to the post of Goods Guard. Although the position of Goods Guard is on par with that of Sr. Commercial Clerk, the post of the former also earns the incumbent, other benefits such as running allowance, etc.
It is stated in the application that initially there were 43 vacancies for which applications were invited by notification dated 31.8.2012 (Annexure A/1). However, respondent no.3 cancelled the selection and issued a revised order on 27.12.2012 revising the number of posts to 56. Pursuant to the said notification, the applicants had applied for selection to the post of Goods...
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