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Judgment
This is an Original Application filed by the applicant under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.That a direction may kindly be issued to the respondents to appoint the applicant to the post of Senior Commercial cum Ticket Clerk (Level 5), Northern Railway, Firozpur Division, against the vacancy which has arisen on account of the non-joining/refusal of the candidate Himanshu Sharma (Roll No. 211195120079211) vide his communication dated 20.07.2025, in terms of the panel drawn vide Notice dated 24.07.2023 issued in pursuance of CEN 01/2019 (NTPC);
ii.That a further direction may kindly be issued to the respondents to grant to the applicant all consequential service benefits including notional seniority, pay fixation and other attendant benefits with effect from 29.05.2025, i.e. the date on which the said vacancy was offered to and subsequently declined by the aforesaid Himanshu Sharma, or from such other date as this Hon’ble Tribunal may deem just and proper;
iii.That a further direction may kindly be issued to the respondents restraining them from allowing the aforesaid vacancy to lapse, or from surrendering, diverting or filling up the same from any source other than the panel drawn in pursuance of CEN 01/2019 (NTPC);
This tribunal may pass any other order(s) or grant any other relief(s) which it deems fit and proper, in the facts and circumstances of this case in favor of the applicant and against the respondents.”
Learned counsel for the applicant submits that pursuant to CEN No. 01/2019 (NTPC), the applicant was duly empanelled for the post of Senior Commercial-cum-Ticket Clerk (Level-5). It is further submitted that one of the empanelled candidates, namely Himanshu Sharma, who was issued an appointment letter dated 29.05.2025, subsequently addressed a letter dated 20.07.2025 to the Senior Divisional Personnel Officer, Northern Railway, Ferozpur, requesting cancellation of his appointment and specifically stating that the opportunity may be given to another deserving candidate. It is contended that despite the vacancy having arisen on account of non-joining, the respondents have not taken any decision regarding filling up the said vacancy from the existing panel, thereby prejudicing the applicant's claim.
Heard learned counsels on both sides. Without expressing any opinion on the merits of the case we deem it appropriate to dispose of this Original Application with a direction to the respondents to consider the case of the applicant for appointment in the light of communication dated 20.07.2025 submitted by Himanshu Sharma to the Senior Divisional Personnel Officer, Northern Railway, Ferozpur, whereby he requested cancellation of his appointment and sought that the opportunity be given to another deserving candidate.
The respondents shall pass a speaking order on the applicant's claim within a period of eight weeks from the date of receipt of a certified copy of this order and communicate the decision to the applicant forthwith.
With the above directions, the Original Application stands disposed of. No order as to costs.