CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH,CAMP AT NAGPUR.

ORIGINAL APPLICATION No.690/2023 Date of Decision: 21st August, 2024 Coram: Hon’ble Mr. Shri Krishna, Member (A)

Shri Shubham s/o Late Amardeep Gajbhiye, aged about 27 years, Occupation Nil, R/o Ward No.1, Chicholi, Near Gram Panchayat Office, Near Khaparkheda Thermal, Power Station, Khaparkheda, District Nagpur-441111 Applicant Mobile - 9356539775 ...

( By Advocate Shri N.W. Almelkar )

VERSUS

1.Union of India, Through Chairman Railway Board, Rail Bhavan, New Delhi-110001

2.Principal Executive Director Vigilance Railway Board, Rail Bhawan, New Delhi-110001.

3.The General Manager, South East Central Railway, Head Quarters at Bilaspur (C.G.)495004

4.The Principal Chief Personnel Officer, South East Central Railway, Head Quarters at Bilaspur, Bilaspur(C.G.)-495001

5. Sr. Deputy General Manager cum Chief Vigilance Officer South East Central Railway, Head Quarters at Bilaspur, Bilaspur(C.G.)-495001

6. The Dy. Chief Mechanical Engineer, South East Central Railway, O/o Chief Workshop Manager, Moti Bag Workshop,Nagpur-440004

7. The Chief Workshop Manager, South East Central Railway, Moti Bag Workshop,Nagpur-440004.

8. Asst. Personnel Officer Motibagh Workshop, South East Central Railway, Motibag,Nagpur-440012..

9. Shri Ambresh Kumar Shukla Asst Personnel officer south East Central Railway kimysuway Nejpar office Near Railway station Respondents Nagpur 440001 ...

(By Advocate Shri Bhaskar D. Pandit)

ORDER (ORAL)

The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 to seek the following reliefs:

“a) Quash and set aside the impugned orders dated 10.05.2023 and 11.05.2023 at Annexures A-1 and A-2 respectively passed by the Respondents.

b) Direct the Respondents to declare the result of the examination for which the Applicant appeared on 28.02.2022 and consider his candidature for appointment on compassionate ground on the post of Junior Engineer forthwith.

c) Direct the Respondents to consider the candidature of the Applicant for the post of Technician in Group C Category as an alternate option.

d) Saddle the cost of the proceedings on the Respondents.

e) Grant any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

2 . It is the case of the applicant that his father late Shri Amardeep Gajbhiye was in the employment of the respondent and working on the post of Technician Grade-I in the workshop at Motibagh, Nagpur. He died in harness on 23.04.2018 leaving behind his wife, two unemployed unmarried sons and one unemployed unmarried daughter. The applicant in concurrence with his mother submitted an application for compassionate ground appointment in Railway for the post of Junior Engineer in Level-6 in Group ‘C’ category as the applicant was entitled to be considered and appointed in the place of his deceased father on compassionate ground as per the rules of the Railway Board.

2.1 The applicant had appeared for the examination conducted by the respondents for the post of Junior Engineer in Level-6 in Group ‘C’ category. Applicant is a post-graduate in the faculty of Engineering and having degree of M.Tech in Electronics and Telecommunications from Nagpur university. However, when the applicant appeared for the said examination, he was given the paper of Mechanical Engineering. Therefore, he appeared again. But again, paper of Mechanical Engineering was given.

2.2 Thereafter, the applicant moved application to the respondents to grant him one more opportunity to appear in the written test as provided in Railway Board’s Instruction No.E(NG)II/2018/RC-1/Genl/17 dated 07.06.2018. However, the Assistant Personnel Officer in the office of Chief Workshop Manager, Motibagh Workshop, Nagpur vide his letter dated 21.10.2020 has informed him that since he had failed to clear the written examination on two occasions, his request to allow him to appear for the written exami