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CNR: O.A./786/2021
DISPOSED

S V RAMESH (M) , vs EAST COAST RAILWAY (M) , EAST COAST RAILWAY , EAST COAST RAILWAY , EAST COAST RAILWAY , EAST COAST RAILWAY , EAST COAST RAILWAY ,

Case NumberO.A./786/2021
Date of Filing16 Nov 2021
Case TypeO.A.
Last Hearing18 Nov 2021
State--
City--
Year of Filing2021

Party Details

Petitioner
  • S V RAMESH (M)
Respondent
  • EAST COAST RAILWAY (M)
  • EAST COAST RAILWAY
  • EAST COAST RAILWAY
  • EAST COAST RAILWAY
  • EAST COAST RAILWAY
  • EAST COAST RAILWAY

Case Summary

S V RAMESH (M) filed Case No. O.A./786/2021 in the CAT on 16 Nov 2021 against EAST COAST RAILWAY (M) and EAST COAST RAILWAY. The case has had one hearing so far. The case was disposed of on 18 Nov 2021. 2 orders have been issued in this matter.

Hearing History (1)

  • 18NOV 2021
    FRESH ADMISSION

    Judge: N/A

    Stage: DISPOSED OF

Orders (2)

Judgement DetailsView full order PDF ↗

OA/786/2021 Page 1 of 3 CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH OA/020/786/2021 HYDERABAD, this the 18th day of November, 2021 Hon’ble Mr.

B.V.

Sudhakar, Admn.

Member S.V.

Ramesh, S/o S.

Appa Rao, Aged 48 years, Occ: Senior Assistant Loco Pilot, East Coast Railway, Visakhapatnam, R/o: Flat No.

504, Lakshmi Residency, P.M.

Palem, Visakhapatnam- 530 041. … Applicant. (By Advocate: Mr.

A V V S Bhujanga Rao) Vs.

1.

Union of India, Ministry of Railways, Rep. by its Principal Secretary, Railway Board, Rail Bhavan, New Delhi.

2.

The General Manager, East Coast Railway, Bhubaneswar.

3.

The Additional Railway Divisional Manager, East Coast Railway, Visakhapatnam.

4.

The Senior Divisional Electrical Engineer, Operations, East Coast Railway, Visakhapatnam.

5.

The Senior Divisional Personnel Officer, East Coast Railway, Visakhapatnam.

6.

The Chief Crew Controller(Loco), East Coast Railway, Visakhapatnam. ….Respondents. (By Advocate : Mr.

S M Patnaik, SC for Railways) --- OA/786/2021 Page 2 of 3 ORAL ORDER (As per Hon’ble Mr.

B V Sudhakar, Admn.

Member) Through Video Conferencing: Mr.

A V V S Bhujanga Rao, learned counsel for the applicant.

Mr.

S M Patnaik, learned counsel for the respondents.

Heard both the counsels for the parties.

The applicant is presently working as Sr.

Loco Pilot(Goods) with the respondents.

He was involved in Signal Passing at Danger(SPAD) case in the year 2010 resulting in issuing of charge-sheet culminating in the removal of the applicant from service.

On appeal, punishment was modified to that of a lower post of Asst.

Loco Pilot(ALP).

The applicant cited Railway Board letter dt.

09.11.2016, which ordered re-training of officials involved in SPAD and, thereafter, take a view on engaging them on running duties.

Therefore, the applicant was forced to appear in the aptitude test on 20.12.2017 and, since he failed in the same, he has not been given running duties.

The contention of the applicant is that the Railway Board letter dt.

09.11. dt.

09.11.2016 will have prospective effect and not retrospective effect.

Nowhere in the Railway Board letter was it mentioned that those involved in SPAD in the past, such cases will also be taken up.

Aggrieved of the same, the applicant has made an appeal to the Respondent No.3 & 4 on 12.02.2021 & 02.11.2020 and they have not been disposed the appeals till date.

Learned counsel for the applicant submitted that the appeals are still pending and the learned counsel for the respondents submitted that he would like to verify the same.

However, in view of the submissions of the learned counsel for the applicant, the respondents are directed to dispose of the appeals dt.

OA/786/2021 Page 3 of 3 12.02.2021 & 02.11.2020 by issuing a reasoned and speaking order keeping in view the contentions raised in the OA, in accordance with rules and law within a period of eight weeks from the date of receipt of certified copy of this order.

The OA is disposed of as above.

No costs. (B.V.

SUDHAKAR) ADMINISTRATIVE MEMBER /Ram/