Following mentioned compliance order received on 09.07.2010 in contempt ,when we were present in the Court.
------
COMPLIANCE ORDER
The issue pertains to the implementations of the orders of the Hon’ble CAT/Delhi Bench in Contempt Petition(C) No. 400/2010 arising out of OA No. 280/2008 filed by Sh. Y.S. Chaudhary and four others Vs the Union of India & Ors.
To implement the Hon’ble Tribunal’s orders the applicants will be given date of effect of promotion to Gr. A/Junior Scale as 1.4.02. Thereafter in terms of the Hon’ble Tribunal’s orders, appropriate follow up orders with regard to their seniority in Group “A” have to be passed subject to it being ensured that the seniority accorded does not result in the applicant’ superseding officers who were wenior to them in Group ‘B’ and have already been promoted to Group ‘A’
The table below list out the immediate senior to the applicants’
Sr.No. / Applicant / Immediate Senior1 / Y.S. Chaudhary * ( 14.1.2000) / S.D.P. Verma (14.1.2000)
2 / K.K. Jain (14.1.2000) / Quasimuddin Ahmadi (14.1.2000)
3
4. / D.Govindsamy (14.1.2000)
R.Amalraj (14.1.2000) / K.M. Ashkar Ali (14.1.2000)
5 / K.C. Chauhan (14.1.2000) / Ashok Kumar (14.1.2000)
* () DITS
Since in terms of the Hon’ble Tribunal’s order the applicants cannot have higher seniority than their Group’B’ officers, even after the grant of Group’A’ from 1.4.02, the applicants’ DITS has to be restricted to that of their senior in the same batch i.e. 14.1. 2000, in terms of Railway Board’s letter No. E(O)1-72/SR-6/29 dated 30.11.1976, as incorporated in Indian Railway Establishment Manual Vol. I (Revised Edition, 1989) vide Advance Correction Slip No.145 issued under Railway Board’s letter No. E(O)I-99/SR/6/2 dated 28.2.2003.
By implementing the order of the Hon’ble Tribunal the seniority and DITS of the applicants remain’s unaltered and effectively there will be no change in the seniority position of the applicants.
The applicants are advised accordingly. This is in compliance of the Hon’ble Tribunal’s in Contempt Petition (C) No.400/2010 in OA No. 280/2008 filed by Sh. Y.S. Chaudhary & Others, and is subject to outcome of the Civil Writ Petition filed in the Hon’ble High Court of Delhi (filing No. 71920).
( B. Majumdar )
Director, Estt.(GP)
Railway Board
. After studying the compliance order, we objected before the Bench. After our objection, Bench issued following orders :
Copy of the order
------
Central Administrative Tribunal, Principal Bench
CP No: 400/2010
In
O A No: 280/2008
New Delhi, this the 9th day of July, 2010
Hon’ble Justice Mr. V.K. Bali, Chairman
Hon’ble Mr. L.K. Joshi, Vice-Chairman (A)
1. Y.S.Chaudhary
s/o. Sh. Ram Rup Chaudhary
r/o C-104, Rail Vihar,Sector-3, Vasundhra
Ghaziabad (U.P.)
.
2. K.K.Jain, s/o Sh. V.K. Jain
R/o E/69, Near Anwar Ganj Rly. Station Kanpur, U.P.,
3 R. Amalraj, s/o A. Rajan
R/o ROS-118 K, Southern Railway
Officers Colony, Roaster Enclave, 363
Anna Salai, Chennai
4. D. Govindsamy, s/o P.Dasamoorthy R/o 129 A,
5. Pycrafts Garden Rly. Officers Quarters
Nungambakkam High Road, Chennai-600 034
6. K.C.Chauhan, s/o Sh. N.L. Chauhan
R/o Flat No.1, Imperial Mansion , Western Railway
Officers Flat Colava, Mumbai-05 … Applicant
( By Advocate Mr. Yogesh Sharma)
Versus
1. Mr. Shivaji Rakshit,
Secretary
Railway Board, Rail Bhawan,
New Delhi …. Respondent
( By Advocate: Mr. VSR Krishna and Mr. A.N. Suryawanshi)
ORDER (ORAL)
Justice V.K.Bali, Chairman:
These appears to be substantial compliance of our order dated 29.01.2010, non-compliance whereof has been complained in present contempt petition. May be a formal order has to be issued, and that being so, respondents are directed to do the same within a period of three weeks from today.
Contempt petition is closed.
Sd/- Sd/-
( L.K. Joshi) (V.K. Bali)
Vice-Chairman (A) Chairman
------
In view of above, three weeks time will be over on last date of July, 2010. If review DPC will not held then we will again re-open the case of contempt in the first week of August, 2010.
How ever Board given Induction in Gr ‘A’ from due date i.e. 1.04.02. Copy of same is as under
No: E(O)I/2005/SR-6/27 Dated: 26.07.2010
The General Managers
All Indian Railways
Production Units
Director, IRICEN, Pune
Sub: Fixation of inter-se seniority position of promotee IRSE officers at Group ‘A’
Junior Scale level on their appointment to Group ‘A’ w.e.f. 01.04.02 (Panel Year
2002-03).
Ref: Notification No: E(GP)2008/1/6 dated 08.07.2010.
In terms of the principles for determining relative seniority of Group B’ officers on permanent promotion to Group ‘A’ Junior Scale service on the Indian Railways laid down vide para 334 of the Indian Railway Establishment Manual, Volume-I and taking into consideration at relevant factors, the inter-se seniority an date of increment on the time scale (DITS) of the S/Shri Y.S. Chaudhary, K.C. Chauhan, D. Govindaswamy, R. Amal Raj & Kamlesh Kumar Jain substantively appointed to the Junior Scale of Group ‘A’ of IRSE w.e.f. 01.04.2002 for the Period Year 2002-03 in compliance of Hon’ble CAT/Delhi’s order dated 29.01.10 in O.A. No. 280/2008 will be as under :-
Sr.No. / Applicant / DOB / Rly / DITS / Seniority position in the list Circulated vide letter No.E(O) I /2005/SR-6/27 dated18.5.2005Below ( Shri) / Above (Shri )
4 / Y.S. Chaudhary / 1.1.1957 / NR / 14.1.00 / S.D.P. Verma / A.Rajendran Sl.No. 5
9 / K.C. Chauhan / 10.10.57 / WR / 14.1.00 / Ashok Kumar / T.J.Johay Sl.No. 10
18 / D.Govindsamy / 24.5.58 / SR / 14.1.00 / K.M. Ashkar Ali / R.Amalraj Sl.No. 19
19 / R.Amalraj / 8.1.59 / SR / 14.1.00 / D.Govindsamy / Q.Ahmad Sl.No.20
21 / K.K. Jain / 7.11.57 / NE / 14.1.00 / Quasimuddin Ahmadi / A.K.Chatterjee Sl.No. 22
Sd/-
(Sushil Kr. Singh)
Under Secretary (D&A)
Railway board
Railway Board
------
Note:-
After this, now we will reopen the case of contempt on next week in CAT with the plea that orders of CAT did not implemented in true sprite . Because seniority not given by antedating of 5 year
The case of remaining officer of our batch has been filed in CAT on 1.8.10 for same relief The name of those is listed below
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH NEW DELHI.
O.A.NO. /2009
In the matter of:
1. Assocation.
Through Its Secretary Sh. Y.S.Chaudhary,
2. A.Jagannathan s/o Sh. A.Murugappa Mudalier,
Working as Dy.Chief Engr..S.Rly.Eloectrification,
Chennai, Egmore.
3. P.K.Ravindran s/o Sh. Kannan,
Dy.Chief Engr.(Track Machnies),
S.Rly., Hqrs, Cheenai.
4. Mohan Prasad Singh s/o Sh. U.N.Singh,
Dy.Chief Engr/Consts.
E.C.Railway, Hajipur.
5. Qashimuddin Ahmed s/o Late Sh. Raisuddein Ahmad,
Dy.Chief Engr/Const.
E.C.Railway, Darbhanga.
6. Tula Ram s/o Sh. Budh Singh,
Sr.DEN/Special,
N.R.Railway Silcha.
7. Balbir Singh s/o Sh. Ganeshsa,
Working as Dy.Chief Engineer/Construction,
Jallandhar.
8. G.B.Singh s/o Sh. Shankar Lal,
Working as Dy.Chief Engineer/Track Machine/Line,
Northern Railway, State Entry Road, New Delhi.
9. Hiteshwar Barua s/o Sh.Lt.Bimabadhar Baruah,
Working as Sr.DEN/G, N.F.Railway,
Tinsukia.
10. Tayeebur Raheman Barbhuyan s/o Sh. F.A.Barbuhuiya,
Working as Sr.DEN/Spl.
N.F.Railway, Silchar.
11. S.Killivalavan s/o Sh. N.Selvarsan,
Dy.Chief Engr./MTP,
S.Railway, Chennai.
12. R.RamKrishnan, s/o Sh. Rengaswamy,
Working as Deputy Chief Engiener/Const.
Sourthern Railway, Padanur.
13. S.D.P.Verma s/o Sh.Gurdev Singh,
Working as Executive Engiener/TM,
Northern Railway, Baroda House, New Delhi.
………… Applicants.
Versus
1. Union of India through the Secretary,
Railway Board, Rail Bhawan, New Delhi.
2. The Secretary,
Railway Board, Rail Bhawan, New Delhi.
3. Union Public Service Commission,
Through it’s Chairman,
Dhaulpur House, Shahjahan Road, New Delhi.
………….. Respondents.
The newly registerd association is now in fighting mode being young blood
Letter head is as under
------
o
o
o
o
o
o
o
o
Ph. 011-23230821 Fax 011-23230821 Rly.030-32635 Indian Railways Civil Engineering Officers Association
Office .. Dy.CE /Constn office, Tilak Bridge, New Delhi – 110001
Anil Kr. Nanda Y.S.Chaudhary President Gen. Secretary DY CE /HQ.office,Baroda House New Delhi DYCE/con./Tilak Bridge Rly Station New delhi Mbl. No. 9717630232 Mbl. No. 9717630254
Wkg.PresidentAshok KumarSr.DEN/UMBVice President
Rajiv Saxena
Bhagwan Malik
S.KVij
Addl. Gen. Secy.
H.C.Yadav
DEN / DHN
09771426205.
Asstt. Gen Sec.
M.K.Kingar O.P.Deshwal
Jitendra Kumar Herpal singh
Treasurer
Ameer Hamja
Org.Secretary
D.K.Ghulani
R.S.Dangi
Auditor
Jatinder kr
Office Secretary
H.S.Sidhu
E.C. Member
Rajvir Singh
Anil Kumar
K.S.Baweja
Hargyan Singh.
DK Chaudhary
XEN/JP /
Resolution
I.R.C.E. Officers Association, in its meeting held on 1.8.10 decided to file an OA for seeking the benefits of antedating promotion for its members, for which Sh. Y. S. Chaudhary, General Secretary has been authorized to file and to sign the papers on behalf of association.
President of Association
Ph. 011-23230821 Fax 011-23230821 Rly.030-32635
Indian Railways Civil Engineering Officers Association
Office .. Dy.CE /Constn office, Tilak Bridge, New Delhi – 110001
Anil Kr. Nanda Y.S.Chaudhary
President Gen. Secretary
DY CE /HQ.office,Baroda House New Delhi DYCE/con./Tilak Bridge Rly Station New Delhi
Mob. No. 9717630232 Mob. No. 9717630254 ...
To, Registrar of Societies, Dated 16.8.2010
Jamnagar House, New Delhi.
Sub: Registration of “Indian Railways Civil Engineering Officers Association”.
Ref: Undersigned letter of even no. dated 06/06/08, 05/07/09 & 02/08/10.
******
On behalf of Indian Railways Civil Engineering Officers Association, undersigned approached to Registrar of Societies, Patparganj, Delhi vide undersigned’s letter dated 06/06/08 for registration of our Association under Societies Act.
Registrar Societies, Patparganj approached to Section Officer, Ministry of Foods & Consumption Affairs, Department of Consumer Affairs, Govt. of India, Shastri Bhawan, New Delhi vide their letter No: RFS/2007-08/701 Dated 24/06/08 for examining and advised of the Ministry in the matter of registration of the Association (copy enclosed as Annexure-I).
Accordingly, Ministry of consumer Affairs asked the Ministry of Railway vide its letter no. 23/119/2008-IT Dated 11/08/08 regarding their views in connection with registration of the said Association (copy of letter dated 11/08/08 enclosed as Annx.-II).
After getting reply from the Ministry of Railway, NOC was issued to Registrar Societies, Udyog Sadan, Industrial Area, Patparganj by the Ministry of Consumer Affairs vide their letter no: 23/119/2008-IT Dated 23/07/2010.
The time gap between application of request for registration and NOC is about 2 years, meanwhile jurisdiction of Registrar had been de-centralized and now our office premises (nearby I.T.O.) is comes in your office jurisdiction. During my last visit in the Patparganj office undersigned met with Dy. Commissioner (Int.), Firms & Societies, who advised me to contact Jamnagar Office for getting Registration letter, he further mentioned that your concern file will be sent to Jamnagar Office in due course. However, he further mentioned that it is better we approach your office alongwith a new case file so that there should be no delay in finalization of the matter.
In view of above, I am submitting complete case file again as a fresh case for scrutiny and further necessary action. Kindly register our Association and oblige.
DA/ As above
( Y.S. Chaudhary ),IRSE
General Secretary
&
Dy. Chief Engineer/Const.,
Tilak Bridge Railway Station
Mahabat Khan Road,
New Delhi-110 002