SANTOSH KUMAR MANDAL vs EASTERN RAILWAY on 12 November 2026

1. The Un 17- Neta

2. The Pri Subash

3. The Div Malda T

4. The Se Division

5. The Se Malda D

6. The Chi Malda T

By Ad

Pe

1. Learne

2. The re “8.1 Th order d A/1 qua of Mast

8.2 Tha dated 0 respecti

CENTRAL ADMINISTRATI PATNA BENCH, P

O.A./050/00761/2

CORAM

MR. JUSTICE NARENDRA KU ’BLE MR. KUMAR RAJESH CH Kumar Mandal Son of Sri Ke Goods/Electrical), Sahibganj, E , Resident of Saitpura, Kahalga

ate(s): - Shri M. P. Dixit. -Versus- ion Of India Through The Gen aje Subash Road, Kolkata-70000 incipal Chief Personnel Officer Road, Kolkata-700001 (West-Be visional Railway Manager, Eas Town, Malda-732102 (West-Ben nior Divisional Personnel Off n, Malda Town, Malda -732102 nior Divisional Electrical Eng Division, Malda Town, Malda-73 ief Medical Superintendent, Ea Town, Malda-732102 (West-Ben

dvocate(s) :- Shri R.R. Singh, ld

O R D E R (OR

er: KUMAR RAJESH CHAND ed counsels for both the parties a elief that has been prayed for in th hat your Lordships may graciously b dated 10.08.2026 issued for the respon a applicant so far it relates to the alte ter Cook in Medical Department. at your Lordships may graciously be p 08/09.10.2026 and 10.10.2026 as con ively whereby applicant has been ord

IVE TRIBUNAL PATNA

Order dated:- 12.11.2026. UMAR JOHARI, MEMBER (J) HANDRA, MEMBER (A) eshav Prasad Mandal, Ex Loco Eastern Railway Under Malda aon, District- Bhagalpur-813203 ……. Applicant. eral Manager, Eastern Railway, 01 (West-Bengal). r, Eastern Railway, 17- Netaje engal). stern Railway, Malda Division, ngal). ficer, Eastern Railway, Malda (West-Bengal). gineer (OP), Eastern Railway, 32102 (West-Bengal). stern Railway, Malda Division, ngal). ……Respondents.

d. ASC. RAL) DRA, MEMBER (A) are present and heard. his O.A. is as follows:- be pleased to quash and set aside the ndent No.4 as contained in Annexure ernative appointment against the post pleased to hold and declare the order ntained in Annexure A/1 (a) and A/2 dered to be posted against the post of . o a

, e , a , , e e t r f Digitally signed by BINAY PRASAD BINAY PRASAD

Patna Bench Master post in

8.3 Tha respond Office S Pay Rs.

8.4 Tha grant a any and

8.5 Any in favou

3. Learne to the r followin

(a) Th con emp Ma

(b) Le Ben (An tran that out esta the req the by h

Cook and the respondent No.6 has or absence of the post of Master Cook. at your Lordships may graciously dents to absorb/adjust the applicant Superintendent which is equivalent to 4200, Level-6. at your Lordships may graciously be ll consequential benefits in favour of d also arrears of pay without any delay y other relief or reliefs including the c ur of the Applicant.” ed counsel for the applicant has a respondents and also for the ng grounds:- he impugned order mentioned tha nstituted after medical de-c ployment. Subsequently, the aster Cook in the Medical Depart earned counsel for the applicant nch to letter dated 10.10.202 nnexure-A/2) where the applican nsfer order. It was informed by t now there is a provision for ge tsourced staff and there is no ablishment. Therefore, the appl further remark that his service quired as per the need of the hosp mind of the applicant with reg him.

rdered him to work against any other be pleased to direct/command the t against the existing/vacant post of o the post Loco Pilot (Goods), Grade pleased to direct the respondents to f applicant including unpaid salary if ay. cost of the proceeding may be allowed argued for the issuance of notice grant of interim relief on the at the Screening Committee was categorization for alternative applicant has been posted as tment on their recommendation. has drawn the attention of this 26 issued by CMS/MLDT/ER nt reported in compliance of his the CMS/ to the Senior D.P.O. etting the kitchen work done by need for Master Cook on that licant was allowed to join with es will be utilized as and when pital, thus creating uncertainty in gard to the task to be performed r e f e o f d e e s e s s R s . y t h n n d by BINAY PRASAD BINAY PRASAD

Patna Bench

(c) He kep surr that are pos

(d) Co Ann pos as o

4. Learne advance applicat represen Howeve detailing will be c

5. In view accepted may be contenti

6. Learne

7. In view applican his cont has further drawn the attention pt at page-55 which says tha rendered as per railway policy an t medically de-categorized staf a but are being absorbed in ot sts; and ounsel for the applicant has dra nexure-A/4 kept at page-51 whi st of O.S. is available in the same on date. ed counsel for the respondents e copy of O.A. has objected ion as premature as the app ntation so far to the respondents er, he also agrees that if the app g all the contentions that he has considering it as per the applicab w of the rival submissions, the d that the principles of natural ju granted liberty to submit a re ions that he has made for sympat ed counsel for the respondents ha w of the above, the Tribunal d nt may advise the applicant to s entions to respondent no.-3/com n of the Bench to Annexure-A/7 at such posts are now being nd it has been further mentioned ffs are not being posted in this ther suitable sanctioned vacant awn attention to this Bench to ich indicates that the equivalent e department where he is posted s, who appeared on receipt of to the maintainability of this plicant has not preferred any s with regard to his grievances. plicant submits a representation, made, the respondent’s officials ble rules and procedures. e counsel for the applicant has ustice will be met if the applicant epresentation, containing all the thetic consideration. as no objection to such prayer. directs that the counsel for the submit a representation with all mpetent authority within a period g d s t o t d f s y . , s s t e e l d Digitally signed by BINAY PRASAD BINAY PRASAD

Patna Bench of 15 da the repre such rep passing the appl

8. Since, post, hen

9. Accord

10. Needle the meri

(Kumar Raj Member

BP.

ays. Thereafter, the respondents/ esentation within a period of 45 presentation, as per the applic a reasoned and speaking order icant. the applicant has already joined nce, the prayer of interim relief h dingly, the O.A. is disposed of. N ess to say that this Tribunal has it of the case. jesh Chandra) (Just r (A) OA No. 761/2026 /competent authority will decide days from the date of receipt of cable rules and procedures, by r and communicate the same to d and reported to the transferred has lost its meaning. No order as to costs. s not expressed any opinion on tice Narendra Kumar Johari) Member (J) e f y o d n by BINAY PRASAD BINAY PRASAD