Brijesh Kumar Rai & Others vs Union Of India & Others

Tarun Shridhar, Member (A)

Shri Manoj Kumar Sharma, learned counsel for the applicants, and Shri Amit Kumar Rai, learned counsel for the respondents are present.

Briefly stated, the facts of the case are that the applicants were working against the post of Gateman in the Railways but got to be disengaged on

the ground that sufficient number of vacancies of Gateman were not available and, hence, their services were no longer required. Therefore, the

relevant authorities dispensed with their services.

Learned counsel for the applicants at the outset mentions that the facts, circumstances and the relief sought in the present O.A. are identical to

O.A.no.597/2020 which was decided by this Tribunal on 08.02.2022. He submits that, accordingly, this O.A. can also be disposed of on similar lines.

For the sake of clarity, the order passed in the aforesaid O.A. is being reproduced below:

“Open Court

CENTRAL ADMINISTRATIVE

TRIBUNALALLAHABAD BENCH

                                ALLAHABAD.

Dated : This the 8th day of February 2022

Original Application No. 597 of 2020

Hon’ble Mr. Tarun Shridhar, Member (A)

Hon’ble Ms. Pratima K Gupta, Member (J)

Arun Kumar Rai, S/o Uma Shankar Rai, R/o 11, Umarpur Neewa, Dhoomanganj, Allahabad, UP â€" 211001.

Shatrughar Singh, S/o late Parmeshwar Singh, R/o V.P.O. Bhadar, Buxar, Bihar â€" 8021101.

Santu Kumar, S/o Jagdish Prasad, R/o 1-A, College Road, Gram Haludbani Post â€" Tatanagar, P.S. â€" Parsudhi, Haludbani, East Singhubhumi,

Jhankhand - 831002.

Majardhwaj Ram, S/o Dhodha Ram, R/o 121 Shahbaazpur, Shahbazpur, Ghazipur Kasimabad, UP 233230.

Vijay Kumar Mishra, S/o Kashi Nath Mishra, R/o House No. 373 C, Near Vidhayak Road, Village â€"Umarpur Neewa, Allahabad UP â€

211001.

Kamal Kishor Verma, S/o Suraj Prasad Verma, R/o 81B/6A/1, Post Office Umarpur Neewa, Near Nehru Park, Umapur Neewa, Allahabad, UP

211001.

Jamwant, S/o late Ramnath, R/o Deoria, Mirzapur, UP 231305.

Lautu Ram, S/o late Jhagadu Ram Shar,a, R/o Village and Post â€" Daulat Nagar, Ghazipur, UP 275204.

Ram Badan Singh Yadav, S/o Sakharaj Singh Yadav, R/o Village â€" Bhanbaur, Jalalabad, Ghazipur UP â€" 275202.

Phaya Shankar Yadav, S/o Lalji Singh Yadav, R/o Gadanpur, Gauri Ghazipur, Saidpur, UU â€" 233223.

Ram Padarath Singh Chauhan, S/o Mutur Chauhan, R/o Village - Jahi, Jahni, Ghazipur, UP â€" 275203.

Ramayan Yadav, S/o Muthanu Singh Yadav, R/o Jakhniya Kesaruwa, Orarae, Ghazipur, UP â€" 275202.

Rakesh Singh, S/o Ramlakshan Singh Yadav, R/o Kanuwan, Kanuwan Ghazipur UP â€" 275203.

. .

.Appli

cants

By Adv : Shri Manoj Kumar Sharma

VERSUS

Union of India through General Manager, North Eastern Railway, Gorakhpur.

Divisional Railway Manager, North Eastern Railway, Varanasi.

Senior Divisional Engineer, North Eastern Railway, Varanasi.

Assistant Divisional Engineer East, North Eastern Railway, Mau.

. . . Respondents

By Adv: Shri Raj Kamal Srivastava

ORDER

By Hon’ble Mr. Tarun Shridhar, Member (A)

We have joined this Division Bench online through video conferencing.

Shri M.K. Sharma, learned counsel for the applicants and Shri Raj Kamal Srivastava, learned counsel for the respondents are present.

The brief facts of the case are that the applicants were working against the post of Gateman in the Railways. However, they were disengaged on

the ground that sufficient number of vacancies of Gateman were not available nor there enough work, hence, their services were no longer required

and dispensed with.

Learned counsel for the applicants submits that subsequent to this disengagement now the respondents have issued a fresh notification for engaging

new Gateman. The applicants have also submitted their applications for consideration of their candidature for appointment / engagement as Gateman.

He further submits that the applicants would be satisfied if a direction is given to the respondents to objectively and fairly consider the candidature of

the applicants in the light of the fact that they had already served in the department and have therefore, acquired relevant experience.

Learned counsel for the respondents submits that the applicants have to compete with other similarly placed applicants. He assures that the

respondents will make a fair and objective selection.

Accordingly, this OA is disposed off at this stage with direction to the respondents to give dew consideration to the candidature of the applicants for

position of Gateman which has been advertised by notification dated 11.01.2022. Needless to say that the respondents while considering the

candidature of the applicants and making selection shall give due weightage to the fact that the applicants had already worked with the respondents in

this capacity and have acquired adequate experience.

With the above observations, the OA is disposed of.

There is no order as to costs.

Learned counsel for the respondents, at this stage, submits that the fresh notification issued for recruitment of Gatemen in the Railways make it

very clear that the service period in the Defence Services will be considered while selecting candidates for the aforesaid post.

While appreciating the contention of the learned counsel for the respondents, we point out that while disposing of the earlier O.A. we had merely

given a direction that while considering the candidature of the applicants who belong to ‘Ex-serviceman’ category, due weightage may be given

to the fact that they have already worked in the respondents department in the capacity of gatemen and have acquired relevant experience. A bare

reading of the order makes it clear that we have left it to the discretion and the judgement of the concerned authority among the respondents.

Accordingly, the present O.A. is also disposed of with identical directions, i.e. the respondents, while considering the candidature of the present

applicants, should also bear in mind and give due consideration to the fact that the applicants have acquired necessary experience for the above

mentioned position.

With these observations, the O.A. is disposed of.

All the associated M.A.s also stand disposed of accordingly.

No order as to costs.