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2024 Supreme(Online)(CAT) 7158
CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00175/2023 Dated Tuesday the 30th day of January Two Thousand Twenty Four CORAM : HON'BLE MR. MANISH GARG, Member (J)
&
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, Member (A)
Ramesh Prahlad Nandanwar, Motorman, O/o. Chief Crew Controller, Madras Moore Market Complex, Chennai 600003. ….Applicant By Advocate M/s. R. Pandian Vs
1.Union of India rep by, General Manager, Southern Railway, Park Town, Chennai 600003.
2.Principal Chief Personnel Officer, Southern Railway, Park Town, Chennai 600003.
3.Senior Divisional Personnel Officer, Southern Railway, Chennai Division, NGO Annexe, Park Town, Chennai 600003.
4.Secretary, Railway Board, Rail Bhavan, New Delhi 110001.
5.Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension, North Block, New Delhi 110001. ….Respondents By Advocate Dr. K. Kannan
ORAL ORDER
(Pronounced by Hon'ble Mr. Manish Garg, Member(J))
In pursuant to the notification, dated 25.01.2024, the matter is taken up for re-hearing.
2. This OA has been filed by the applicant seeking the following reliefs :-
"To call for all records relating to the denial to enrol the Applicant in the Old Pension Scheme as provided under the Railway Services (Pension) Rules, 1993 including the order of the 3rd Respondent bearing No.M/P.353/CC/OA832/2021 dated 02.02.2022 (impugned herein), set aside the same since passed in violation of law/rules and further:
i. to direct the Respondents to enrol the Applicant in the Pension Scheme (Old Pension Scheme) as provided under the Railway Services (Pension) Rules, 1993 with effect from the date the Applicant joined the service of the Respondents;
ii. to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice.
3. Heard learned counsel for the applicant and learned counsel for the respondents.
4. The applicant is working in Southern Railways. He is aggrieved by the application of New Pension Scheme to him though he was appointed against the vacancy that arose prior to 01.01.2004 and the matter is related to the recruitment process pertaining to the year 2003.
5. When the matter is taken up for hearing, learned counsel for the applicant submits that the applicant would be satisfied if he is permitted to file fresh representation citing the latest OM of the DoPT dt. 03.03.2023 and the respondents may be directed to consider the same within a time limit to be stipulated by this Tribunal.
6. In view of the limited relief sought and without going into the merits of the case, we permit the applicant to make a fresh, comprehensive representaion with regard to his grievance along with relevant materials in support of his claim within a period of 15 days from the date of receipt of a copy of this order. On receipt of such representation, the competent authority among the respondents shall consider the same keeping in mind the latest DoPT OM dt. 03.03.2023 and pass a reasoned and speaking order in accordance with law within a period of three months thereafter.
7. OA is disposed of. No order as to costs.
(Varun Sindhu Kul Kaumudi) (Manish Garg)
Member(A) Member(J)
30.01.2024 LM
