CAT direction to Railway Board regardnig promotional avenues and cadre restructure

Central Administrative Tribunal

Principal Bench

OA No.57/2015

MA No.35/2015

New Delhi, this the 7th day of January, 2015

Honble Mr. G. George Paracken, Member (J)

Honble Mr. Shekhar Agarwal, Member (A)

1.            Indian Railway Pharmacists Association

                Through its working President Anand Gupta

                S/o Shri S.R. Gupta (Aged about 45 years)

                Sr. Pharmacist, Northern Railway,

                R/o 83-D, DDA Flats, Gulabi Bagh,

                New Delhi.

2.            Shri Jaswant Singh (Aged about 44 years)

                S/o Shri Partap Singh

                Sr. Pharmacist, Northern Railway,

                Central Hospital, Connaught Place,

                New Delhi

                R/o H.No.1005, Sector-23,

                Sonepat (Haryana).

3.            Manoj Kumar (Aged about 41 years)

                S/o Shri Suraj Bhan

                Sr. Pharmacist, Northern Railway,

                Hospital,

                Delhi-6

                R/o H.No.29/15, Railway Colony,

                Delhi Kishanganj, Delhi-7.                         Applicants

By Advocate: Shri S.P. Sethi.

Versus

Union of India through

Secretary,

Railway Board,

Rail Bhawan,

New Delhi.                                                                   Respondents

ORDER (ORAL)

Honble Mr. G. George Paracken, Member (A)

The first Applicant is the Indian Railway Pharmacists Association through its President. The second and third Applicants are its members. Their grievance is that they did not have a cadre structure as in other states like Uttrakhand.  They have, therefore, made a representation dated 12.09.2014 to the Member Staff, Railway Board, Ministry of Railways, New Delhi, stating that they do not have any promotional avenues due to lack of well defined cadre structure in the Medical Department of the Indian Railways.  They have, therefore, requested the Railways to consider their case and to issue necessary directions/orders to the authorities concerned to create and implement a well defined cadre structure so that they will have sufficient promotional avenues.

2.            The grievance of the Applicants in this Original Application is that so far the Respondents have not considered and disposed of the aforesaid representation.

3.            We have heard the learned counsel for the Applicants Shri S.P. Sethi.  It is a well settled principle of law that the employees have a right of consideration of their grievances with regard to their service matters, by the competent authority.  We, therefore, dispose of this OA at the admission stage itself with the direction to the Respondents to consider the aforesaid representation of the Applicants and dispose of the same by a reasoned and speaking order within a period of 3 months from the date of receipt of a copy of this order.

4.            The Registry shall also send a copy of this OA to the Respondents so that they may consider the same as additional representation on behalf of the Applicants.  There shall be no order as to costs.

(Shekhar Agarwal)                                                                                               ( G. George Paracken )

      Member (A)                                                                                                              Member (J)