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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(i)To declare that Annexure A1 to the extent, it relates to the 5th respondent is arbitrary, discriminatory, unreasonable and hence, unconstitutional;
ii.Call for the records leading to the issue of Annexure A1 and quash the same as being arbitrary, discriminatory and hence, unconstitutional;
iii.Award costs of and incidental to this application;
iv.Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case;. "
The brief facts of the case are as follows: The applicants are aggrieved by an order passed by the 2 nd respondent inducting the 5th respondent, who belongs to the Commercial Department into the Ministerial Cadre of the Engineering Branch of Southern Railway, Thiruvananthapuram Division. Applicants submit that induction of the 5 th respondent into the applicant's cadre is against the provisions contained in Chapter 13 of the Indian Railway Establishment Manual Vol.I. Hence they have approached this Tribunal praying for the aforementioned reliefs..
When the matter came up for consideration, counsel for the applicants Advocate Mr.T.C.G Swamy submits that he has produced a copy of the fresh representation filed by the applicants as Annexure A-6 along with an M.A 180/510/2021 for receiving the same. M.A is allowed and the representation is taken on record.
It appears that the fresh Annexure A-6 representation is still pending before the Competent Authority and the applicants will be satisfied if the said representation is properly considered by the respondents and a speaking order is passed within a time frame.
Counsel for the respondents has no objection in considering the fresh representation.
In view of the submission made by counsel for the applicants, the competent authority is directed to consider Annexure A-6 representation in the light of relevant rules and regulations and pass a speaking order with reasons within a period of three months from the date of receipt of a copy of this order. The Competent Authority is also requested to hear all the affected parties, before disposal of the representation.
Without going into the merits of the matter, the Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1- A true copy of the Order bearing No.V/P.II/XII/AEMG/Vol-4 dated 25.6.2021 issued by the second respondent Annexure A2- A true copy of the relevant provisions contained in Chapter 13 of the Indian Railways Establishment Manual Vol.I Annexure A3- A true copy of the Railway Board oder bearing No.RBE No.112/2003 dated 30.6.2003 Annexure A4- A true copy of the Seniority List of Ministerial Staff of Engineering Branch of Trivandrum Division circulated as per Seniority List No./APO-II/1/Ministerial -Engg. Dated 17.12.2020 issued by the second respondent Annexure A5- A true copy of the order in O.A 550/2005 dated 14.2.2005 rendered by this Hon'ble Tribunal Annexure A6- A true copy of the comprehensive representation dated 1.8.2021 to the 1st respondent General Manager, Southern Railway.