2021 Supreme(Online)(CAT) 1999
Pyare
Section Engineer (Permanent w
presently working under Deputy Chief Engineer (Construction), East
Central Railway, Rajgir, District
By Advocate :
1. The Union of India through
Railway, Hajipur, District
2. The General Manager (Personnel), East Central Railway, Hajipur,
District
3. The
P.O.
4. The Senior
Danapur, P.O.
5. The Senior
Railway, Danapur, P.O.
6. The Chief Administrative Officer (Construction), East Central
Railway, Mahendru Ghat, PO
7. The Deputy Chief Engineer (Construction), East Central Railway
Rajgir, District
8. The Senior Section Engineer (Permanent Way), East Central
Railway, Buxar.
By Advocate :
1.
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00297/2014
C O R A M
HON’BLE MR M.C. VERMA
HON’BLE MR. S.K. SINHA, MEMBER
Pyare Lal, S/o Late Vishwnath, Trackmen/Gangman under Senior
Section Engineer (Permanent way), East Central Railway, Buxar,
presently working under Deputy Chief Engineer (Construction), East
Central Railway, Rajgir, District- Nalanda (Bihar).
By Advocate :- Shri M.P. Dixit.
-Versus
The Union of India through the General Manager, East Central
Railway, Hajipur, District-Vaishali (Bihar).
The General Manager (Personnel), East Central Railway, Hajipur,
District-Vaishali (Bihar).
The Divisional Railway Manager, East Central Railway, Danapur,
P.O.-Khagaul, District- Patna (Bihar).
The Senior Divisional Personnel Officer, East Central Railway,
Danapur, P.O.-Khagaul, District- Patna (Bihar).
The Senior Divisional Engineer (Co
Railway, Danapur, P.O.-Khagaul, District
The Chief Administrative Officer (Construction), East Central
Railway, Mahendru Ghat, PO-Bankipur, District
The Deputy Chief Engineer (Construction), East Central Railway
Rajgir, District-Nalanda (Bihar).
The Senior Section Engineer (Permanent Way), East Central
Railway, Buxar.
By Advocate :- Shri B.K. Choudhary with Shri Kumar Sachin.
ORDER
M.C. Verma, M[J] The matter is listed for final hearing. Heard.
Order dated 12.02.2014 (Annexure applicant to appoint his son under LARSGESS Scheme was turned down by the respondents, application of the applicant was rece therefore cannot be considered, OA 297 of 2014 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA 00297/2014 Order dated:-13.08.2021 C O R A M VERMA, MEMBER [J]
HON’BLE MR. S.K. SINHA, MEMBER [A]
al, S/o Late Vishwnath, Trackmen/Gangman under Senior ay), East Central Railway, Buxar, presently working under Deputy Chief Engineer (Construction), East Nalanda (Bihar).
………. Applicant.
Versus-
the General Manager, East Central Vaishali (Bihar).
The General Manager (Personnel), East Central Railway, Hajipur, Divisional Railway Manager, East Central Railway, Danapur, Patna (Bihar).
Personnel Officer, East Central Railway, Patna (Bihar).
Divisional Engineer (Co-Ordination), East Central Khagaul, District- Patna (Bihar).
The Chief Administrative Officer (Construction), East Central Bankipur, District-Patna (Bihar).
The Deputy Chief Engineer (Construction), East Central Railway, The Senior Section Engineer (Permanent Way), East Central ……… Respondents.
B.K. Choudhary with Shri Kumar Sachin. O R D E R (O R A L) M.C. Verma, M[J] is listed for final hearing. Heard. Aggrieved by (Annexure-A/1) whereby request of applicant to appoint his son under LARSGESS Scheme was turned down by the respondents, assigning reason that the was received after cutoff date and instant OA has been preferred.
OA 297 of 2014 13.08.2021 al, S/o Late Vishwnath, Trackmen/Gangman under Senior ay), East Central Railway, Buxar, presently working under Deputy Chief Engineer (Construction), East licant.
the General Manager, East Central The General Manager (Personnel), East Central Railway, Hajipur, Divisional Railway Manager, East Central Railway, Danapur, Personnel Officer, East Central Railway, East Central The Chief Administrative Officer (Construction), East Central , The Senior Section Engineer (Permanent Way), East Central ……… Respondents.
ggrieved by request of applicant to appoint his son under LARSGESS Scheme was the date and
2.
3. 2 The brief facts as has been set out by the applicant relevant for adjudication of the case Scheme was introduced by the respondents Railway vide RBE No. 131 of 2010 and it was circulated in all Divisions of the Railways. That when LARSGESS Scheme was circulated, applicant was working as covered under said scheme and therefore, he, on 16.11.2010 applied for appointment of his son Amar Dev Yadav under said scheme. That ward/son of other applicants who had request for employment of their wards/son under LAR Scheme were issued Admit Card but son of the not issued any Admit Card. Applicant tried as to why his son was not issued Admit Card representation but no reply was dated 12.02.2014 (Annexure-A/1) application was not considered as it was received after date.
Respondents have filed two replies, 15.01.2015 and in Para-2 of this reply it has been stated th Railway did reject the claim of the applicant was received on 14.02.2012 25.11.2010. In answer to averment of applicant in
4.3 of the OA it is stated by respondent in dated 15.01.2015:- “That, paragraph n O.A. under reply are matter of record.” averment of applicant in Para 4.3 of his OA was:
having fulfilling the said eligibility criteria, opted for his retirement and appointment of his son namely Amardeo Yadav on 16.11.2010 in a prescribed format.”
order/order-sheet of OA does not reveal circumstances second reply, which is having heading ‘Supplementary WS’ was filed.
pleaded in this reply that the application of the applicant was OA 297 of 2014 The brief facts as has been set out by the applicant in his OA, the case are that LARSGESS Scheme was introduced by the respondents Railway vide RBE No. 131 of 2010 and it was circulated i