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G. Sharath Kumar and Others Vs. the Senior Divisional Personnel Officer - Court Judgment

SooperKanoon Citation

Court

Central Administrative Tribunal CAT Hyderabad

Decided On

Case Number

O.A.No.785 of 2008

Judge

Appellant

G. Sharath Kumar and Others

Respondent

The Senior Divisional Personnel Officer

Advocates:

Counsel for the Applicant : V. Suryanarayana Sastry, Advocate. Counsel for the Respondents : M.C.Jacob, SC for Railways.

Excerpt:


.....o.a. can be disposed of with the similar directions given in o.a. no. 1034/2004 vide order dated 01.05.2008 to the effect that the respondents shall revise the seniority of diesel assistants/ traction assistants strictly in accordance with the amended para 303(a) of irem within a period of three months from the date of receipt of this order and that the seniority list shall be arranged as per the orders of selection and not as per the date of joining, keeping in view the marks obtained by them at the zts and that those employees who may be affected by the amended seniority list shall be given an opportunity to make a representation within a period of 30 days from the date of publication of the amended list to be published and after considering such representations, if any, the seniority list is to be finalised within a period of 30 days from the date of receipt of such representations. 5. accordingly, o.a. is disposed of with the above directions. there shall be no order as to costs.

Judgment:


ORAL ORDER

(As per Hon'ble Mr. Justice P. Lakshmana Reddy, Vice-Chairman)

Heard Mr. v. Suryanarayana Sastry, learned counsel for the applicants and Mr. M.C. Jacob, learned Standing Counsel for the respondents.

2. Learned standing counsel for the respondents requested further time for filing reply. But the learned counsel for the applicant submitted that this is a covered case and that the respondents implemented the directions given by this Tribunal in O.A. NO. 1034 of 2004 dated 01.05.2008 and there is no need to pass any further orders in this O.A. and the matter, therefore, be disposed of with a direction to the respondent to strictly implement the directions given by this Tribunal in O.A. No. 1034/2004 vide order dated 01.05.2008.

3. We have perused the application and found that the impugned orders herein were passed prior to 01.05.2008 on which date this Tribunal gave directions in O.A. No. 1034/2004 directing the respondents to revise the seniority of the Diesel Assistants/ Traction Assistants strictly in accordance with the amended para 303(a) of IREM within a period of 3 months from the date of receipt of the order. Therefore, the respondents are bound to follow the directions issued by this Tribunal in O.A. No. 1034/2004 and if the said direction is followed, the applicants herein also cannot have any grievance.

4. Hence, we are of the considered view that no further orders need be passed in this O.A. and the present O.A. can be disposed of with the similar directions given in O.A. No. 1034/2004 vide order dated 01.05.2008 to the effect that the respondents shall revise the seniority of Diesel Assistants/ Traction Assistants strictly in accordance with the amended para 303(a) of IREM within a period of three months from the date of receipt of this order and that the seniority list shall be arranged as per the orders of selection and not as per the date of joining, keeping in view the marks obtained by them at the ZTS and that those employees who may be affected by the amended seniority list shall be given an opportunity to make a representation within a period of 30 days from the date of publication of the amended list to be published and after considering such representations, if any, the seniority list is to be finalised within a period of 30 days from the date of receipt of such representations.

5. Accordingly, O.A. is disposed of with the above directions. There shall be no order as to costs.


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