ASHOKE KUMAR SINHA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is a Group 'D' employee in the Metro Railway. He has come to this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

(2.) THE applicant is 57 years old (as of 2010) and he is working as Kitchen Assistant Gr. II in the Canteen of the Metro Railway. He is aggrieved that the Metro Railway authorities had deliberately violated the ruling of the Supreme Court in MM. Rahaman and Ors. v. Union of India, : AIR 1990 SC 937 where it was held that canteen staff would become Railway servant on or from 1.4.1990 and on the basis of the ruling of the Supreme Court and Rule 314 of the IREM Vol -I the date of birth would become the determinant of seniority. Despite this the Railway authorities have made one Nirmal Mondal senior to the applicant in the Canteen of the Metro Railway. As per judgment of the Supreme Court in M.M. Rahaman and Rule 314 of IREM Vol -I, seniority would be determined on the date of birth. The applicant was born on 1.5.1953 whereas the private respondent was born on 7.7.1958. Therefore, as per judgment of the Supreme Court and Rule 314 of IREM Vol -I he was clearly senior to the private respondent.

(3.) IN reply the respondents have stated that for both the O.As., namely, O.A. 1222 of 2004 decided on 21.12.2006 and O.A. 637 of 2007 decided on 5.2.2010 speaking orders have been passed on 1.3.2007 and 23.4.2006 and personal hearings have been given to the applicant. Therefore, present application was devoid of merit and should be dismissed with costs.