PIJUSH KANTI DUTTA vs M/o Railways on 31 December 2019

1. 1. Union of India Represented by the General Manager N.F. Railway, Maligaon, Guwahati – 781011.

2. 2. The Chairman Railway Board Rail Bhawan, New Delhi – 110001.

3. 3. The General Manager (P) N.F. Railway, Maligaon, Guwahati – 781011.

4. 4. The Divisional Railway Manager N.F. Railway, Lumding, PIN – 782447

5. 5. Station Manager N.F. Railway, Badarpur P.O. – Badarpur, Dist. – Karimhanj, Assam.

....Respondents

By Advocate: Ms U. Das, Rly. SC

**ORDER (ORAL)**

**N. NEIHSIAL, ADMINISTRATIVE MEMBER:**

This O.A. has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:


- "8.1 That the Hon'ble Tribunal be pleased to direct the respondents to consider application dated 31.12.2016 submitted by the applicant for his voluntary retirement and to appoint his son to Group 'D' post under the LARSGESS Scheme in terms of Railway Board's circular letter No. E(P&A)1-2015/RT-43 dated 12.07.2019.

- 8.2 Cost of the application.

- 8.3 Any other relief(s) to which the applicants are entitled as the Hon'ble Tribunal may deem fit and proper."

2. Sri S. Nath, learned counsel for the applicant informed that the applicant had applied for voluntary retirement vide his application dated 31.12.2016 under the Liberalised Active Retirement Scheme for Guaranteed Employment for Safety Staff (in short LARSGESS scheme) in the light of order dated 26.03.2019 passed in Writ Petition (Civil) No. 219/2019 by the Hon'ble Supreme Court as well as in terms of Railway Board's Letter No. E(P&A)1-2015/RT-43 dated 12.07.2019. But his applicant has never been considered by

the respondent authorities. As per the order of the Hon'ble Supreme Court those cases which are actually covered by the Scheme till 27.10.2017 should be considered. This was conveyed by the Railway Board in their circular dated 12.07.2019.

3. Keeping in view of this, the applicant made a representation dated 06.12.2019 once again which is still pending before the respondent authorities. Therefore, learned counsel for the applicant prays that the applicant will be satisfied if a direction is issued to the respondent authorities to examine and dispose of the said representation dated 06.12.2019 of the applicant in terms of the scheme as provided therein.

4. On the other hand, Ms U. Das, learned Railway standing counsel for the respondents pointed out that the direction may be given to the respondents No. 1, 3 & 4 and 5 only as the respondent No. 2 is not required to be involved in the examination and consideration of the representation of the applicant.

5. In view of the above, after perusal of the papers, without going into the merit of the case as well as without The logo of the Central Administrative Tribunal, featuring a circular emblem with a wheel in the center, surrounded by the text 'Central Administrative Tribunal' and 'सत्यमेव जयते' in Devanagari script.

issuing notice to the respondents, I direct the respondent authorities to examine the representation dated 06.12.2019 of the applicant and consider the same and dispose it within a period of three months from the date of receipt of copy of this order. Further, if the applicant is found eligible, he may also be given the benefits of the Scheme.

6. No order as to costs.

Sd/-

Mr. N. Nehsial Hon'ble Member (A)

BD