RA-58/2014 In OA-143/2012. Case: Sh. Brij Mohan Vs Union of India through The General Manager, Northern Railway, The Divl. Railway Manager, Northern Railway, The Divl. Personnel Officer, Northern Railway and The Chief Crew Controller, Northern Railway. Central Administrative Tribunal
| Case Number | RA-58/2014 In OA-143/2012 |
| Judges | G. George Paracken, Member (J) and Shekhar Agarwal, Member (A) |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XLVII Rule 1, Order XLVII Rule 47, Section 114; Constitution of India - Articles 226, 309 |
| Judgement Date | April 24, 2014 |
| Court | Central Administrative Tribunal |
Order:
Shekhar Agarwal, Member (A), (Principal Bench, New Delhi)
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This Review Application has been filed for review of our order dated 13.02.2014 passed in OA-143/2012 by which the O.A. had been dismissed. Each of the grounds taken by the review applicant and our finding thereon is discussed as hereunder:-
(i) The first ground taken by the review applicant is that the Tribunal has erred by coming to the conclusion that both the orders dated 09.01.1998 and 14.01.2004 were non-statutory. According to the review applicant both these orders have been passed after obtaining the concurrence of the Finance Directorate of the Ministry of Railways. One of them is a Presidential order issued under Article 309 of the Constitution while the other is an Executive Order passed by the Railway Board.
In this regard, we have gone through our judgment. We find that the applicant had placed reliance on the judgment of Hon'ble Supreme Court in the case of Director General of Posts & Ors. Vs. B. Ravindran & Anr., (1997)1 SCC 641. While discussing applicability of this judgment to the instant case, in Para-8.5 of the judgment we had come to the conclusion that in the case of Director General of Posts (supra) the Hon'ble Supreme Court had held that rights conferred by Statutory Rules cannot be taken away by Executives Instructions. Whereas in the instant case both the orders dated 09.01.1998 and 14.01.2004 were not Statutory Rules. Hence, we had concluded that the judgment of Hon'ble Supreme Court in the case of Director General of Posts (supra) was not applicable to the instant case. In our opinion, the ground taken by the review applicant is totally misplaced as even Presidential Orders or orders passed by the Railway Board with the concurrence of Finance Directorate are in the nature of executive instructions and do not have the same force as Statutory Rules. Hence, we do not find any error on this account in our judgment and reject this ground of the review applicant.
(ii) Following further grounds have been taken by the review applicant:-
(a) Neither Clause-d and Clause-e of the aforesaid letter dated 09.01.998 nor any other clause of the said letter can be interpreted in such a manner that medically de-categorized drivers drafted as power controllers will not be entitled to the same benefits as were permissible to those drivers who were doing running duties.
(b) Many medically unfit drivers who were drafted as power controllers were drawing financial...
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