Pradeep Kumar vs Union Of India & Others

Pradeep Kumar, Member (A)

The applicant herein was appointed on compassionate ground basis. The applicant’s father was serving as a Gangman and he had unfortunately

got injured while on duty on 29.8.2018 and he suffered disability. He was declared to be medically unfit in all categories and was retired on 22.8.2019.

His normal date of superannuation was 31.10.2019.

It is in the follow up of thesaid medical incapacitation of his father, thatthe applicant was offered the appointment on compassionate ground basis. The

applicant has been pleading with the respondents to be appointed as a Clerk etc, and be posted at Julana Station, so that he is able to look after his

ailing father and other family members. This was however not accepted and instead he was offered appointment on the post of TRD-III Technician

on 20.12.2019, where he joined on 17.1.2020 after some resistance.

The applicant pleads that his request is covered in terms of Ministry of Railways instructions issued vide RBE-181/2018 Dt. 27.11.2018, according to

which in the applicant’s circumstances, he is required to be posted as a Clerk. It is also pleaded that in terms of another instruction issued vide

RBE-274/89 Dt 2.11.1989, he had appeared in the written test held and secured 85/100 marks and thus qualifies to be posted as a Clerk.

The applicant pleads that his father, who was hurt on duty, is bedridden and his sister is suffering from cancer and he has pleaded with the

respondents to change his category from TRD-III Technician to some other category eg Clerk, and post him nearby to Julana in District Jind,

Haryana, which is nearerto his residence and it is pleaded that with this he will be able to perform the duties with the respondents as well as look after

his family. He has submitted his representationsin this regard on 20.01.2020, 11.06.2020 and 22.01.2021. It is pleaded that these representations have

not been replied to as yet. This grievance has been ventilated in this OA.

Heard. Notice be issued. Learned counsel Sh. Krishna Kant Sharma, who appears on behalf of respondents on advance information, accepts

notice. He submits that he has not receipt a copy of the OA.

Learned counsel for applicant undertakes to supply the same within a day to the learned counsel for respondents.

At this stage, learned counsel for applicant pleads that he will be satisfied, if time bound directions can be given to the respondents to decide the

pending representations, keeping in view the instructions under RBE-181/2018 dated 27.11.2018 and taking a sympathetic view in respect of the

prevailingcircumstances of the applicant.

The Tribunal is of the view that if such a request of the applicant is agreed to, no prejudice is likely to be caused to the respondents.

In view of foregoing, the instant OA is disposed off at the admission state itself, without going into the merits of the case, with a direction to the

respondents to pass a reasoned and speaking order on the pending representations, within a time period of eight weeks,duly taking into account the

provisions of RBE-181/2018 dated 27.11.2018 and the family circumstances of the applicantunder advice to the applicant.

No costs.