Ravi Kumar vs Union Of India & Ors.

AS PER:- AJAY PRATAP SINGH, MEMBER[JUDICIAL]

Heard learned counsel appearing for parties through Physical Mode.

M.A. No. 531 of 2024 application for condonation of delay in filing present OA.

Applicant has filed present OA seeking direction to respondents to accept joining of applicant on the post of Assistant Loco Pilot of Electrical Wing of traction department in level-II, GP-1900. So also seeking direction for compliance of order dated 06.06.2023 (Annexure-A/2) whereby application of applicant has been sent with relevant records by Respondent no.2 to Respondent no.1 to allow the applicant to join.

Learned counsel for applicant submits that applicant has been diligently prosecuting the matter and after Covid-19 pandemic has filed the present OA.

In view of submissions made in the MA on affidavit, present MA application for condonation of delay in filing present OA is allowed delay in filing OA is condoned and disposed of accordingly.

By way of present OA applicant seeks direction to respondent no.1 to allow applicant to join on the post of Assistant Loco Pilot of Electrical Wing of traction department as appointment order dated 13.02.2020 Annexure-A/1 was issued and same has not been cancelled by giving notice as stipulated in condition no.15 of order of appointment Annexure-A/1.

Briefly stated facts as adumbrated by applicant in OA is that applicant was served offer of appointment dated 13.02.2020 (Annexure-A/1) whereby respondents in condition no.15 has laid down that applicant’s services shall be terminated with 7 days notice. The case of applicant that respondents have issued offer of appointment dated 13.02.2020 and thereafter applicant has submitted the application for joining on the post of Assistant Loco Pilot and Respondent no.2 has forwarded request of applicant vide order dated 06.06.2023 (Annexure-2) to Principal Chief Personnel Officer, ECR, Kolkata but no response has been received till date to the applicant from the respondents.

Learned counsel for applicant after arguing for some time submits that liberty may be granted to the applicant to submit fresh representation to competent authority/respondents and direction may be issued to Respondent no.1 to consider and decide his already submitted representation/fresh representation for joining as evident from order dated 06.06.2023.

Learned counsel for respondents, Shri Bhuneshwar Pandey fairly submits that appropriate order shall be passed on pending representation/fresh representation pursuant to office order dated 06.06.2023 (Annexure-A/2).

In view of above submissions, without entering into merits of the case, this Tribunal deems it fit and proper and principle of natural justice will be met, here directs Respondent No.1 to consider and decide pending representation of applicant pursuant to application already forwarded by Respondent no.2 to Respondent No.1 vide office order dated 06.06.2023 (Annexure-A/2) by passing a reasoned and speaking order considering each contention of applicant within a period of 90 days from the date of receipt/production of copy of order passed today and order shall be communicated to the applicant at the earliest.

Needless to say that this Tribunal has not expressed any opinion on the merit of the case and competent authority is free to decide pending representation of applicant in accordance with rules without being influenced by the observations made in the present OA.

Present OA stands disposed of with above directions.

No order as to costs.

Pending MA, if any, also stands closed.