2026 Supreme(Online)(CAT) 9017
CENTRAL ADMINISTRATIVE TRIBUNAL, KOLKATA BENCH, KOLKATA
Urmita Datta (Sen), J, Suchitto Kumar Das, Administrative Member
Bittu Kumar – Appellant
Versus
Eastern Railway – Respondent
OA/350/683/2026 | MA/394/2026
For the Appellants/Petitioners: N Roy
For the Respondents: S Paul
The court directed the respondents to consider pending representations regarding seniority correction and communicate the decision via a reasoned and speaking order within 90 days.
Headnote:The applicants approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking directions for the correction of their seniority position regarding Ticket Examiners' posts arising from a notification dated 06.03.2018. It was submitted that multiple representations dated 09.01.2026, 20.01.2026, and 09.03.2026 were submitted to the competent authorities, but no response was received. The primary issue was whether the respondents should be directed to consider the pending representations of the applicants. The court observed that the prayer for consideration of the representations was innocuous and that the respondents had no objection to such a direction. Accordingly, both OA and MA are disposed of.
| Table of Content |
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| 1. application for seniority correction and failure of respondents to act on representations. (Para 1 , 2 , 3 , 4) |
| 2. mutual agreement on the need for consideration of representations. (Para 5 , 6) |
| 3. requirement for respondents to pass a reasoned and speaking order on pending representations. (Para 7 , 8 , 9) |
Per: Hon’ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicant is present.
2. Ld Counsel Mr. S Paul appears for the respondents. He files his memo of appearance which is taken on record.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a) To issue direction upon the respondent to consider representation dated 09/01/2026, 20/01/2026 for correction of seniority position of the applicants forthwith.
b) To issue further direction upon the respondent to consider second reminder of representation for correction of seniority position of the applicants dated 09/03/2026 forthwith.
c) To issue direction upon the respondent to consider seniority position as private respondents namely Mehtab Alam and Priyanka De got promotion w.e.f 27/12/2023 as Sr. CCTC the applicants also in same panel for the said post according to seniority basis forthwith.
d) Any other order/orders as deem fit and proper.
e) To produce Connected Departmental Record at the time of Hearing.”
4. Ld Counsel for the applicants submits that the applicants vide representation dtd. 09.01.2026 followed by reminders dtd. 20.01.2026 and 09.03.2026 have appealed before the competent respondent authorities for correction of seniority position and for preparation of the seniority list for Ticket Examiners’ posts arising out of Notification dtd. 06.03.2018 for the selection of Ticket Examiner in Level 3 of total vacancy of 148 against 33.33% promotional quota for Group ‘D’ staff of Traffic and Commercial. However, till date the applicants have not received any response from the respondents. Hence this OA.
5. Ld Counsel for the applicants submits that at this stage it would suffice the purpose if the respondents be directed to consider the pending representation of the applicant, treating this OA as a part of it within a stipulated period of time.
6. Ld Counsel for the respondents submits that he has no objection with regard to prayer made by the Ld Counsel for the applicants for consideration of the pending representation of the applicants.
7. In view of the above, since the Ld Counsel for the applicants have made an innocuous prayer for consideration of the representation of the applicants, we direct the respondents/ competent authority to consider the pending representation of the applicants dtd. 09.01.2026 along with reminders dtd. 20.01.2026 and 09.03.2026 and to communicate the decision to the applicants by way of a reasoned and speaking order with follow up action (if any) within a period of 90 days from the date of receipt of a certified copy of this order.
8. Further, we make it clear that we have not gone into the merit of the case. All points are kept open for consideration by the respondents.
9. Accordingly, both OA and MA are disposed of. No cost.