VEER BAHADUR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s): -

(2.) THE brief facts (for the present purpose) are that the applicant was deputed for panel washing on new pit on 12.04.2006. His work was not found satisfactory and he was suspended by the Senior Section Engineer, Samidi, Gorakhpur on plain paper in compliance of order of the C.D.O., Gorakhpur. Since no suspension allowance was paid to the applicant, he filed O.A. No. 699 of 2006 before the Central Administrative Tribunal, Allahabad and on 13.07.2006, an Order was passed by the Bench to provide suspension allowance to the applicant for the suspension period. No suspension allowance was paid to him rather on his application the Chief Running Staff Engineer through office of General Manager (Mechanical), Gorakhpur on 25.07.2006 clarified that the suspension order was passed by the incompetent authority which was illegal as it was not on the standard format. The applicant was advised to join the duty. In pursuance of the aforesaid order, the applicant joined on his post. On 28.05.2010, the applicant received a letter from the Coaching Depot Officer, Gorakhpur to the effect that if he has any balance leave then he can draw the salary of the period from 13.04.2006 to 25.07.2006 and if he has no balance leave the period may be adjusted as LWP. The applicant challenged the order dated 28.05.2010 passed by the C.D.O., Gorakhpur along with representation dated 17.07.2010 before the Tribunal in O.A. No. 1100/2010, in which the Tribunal passed an Order dated 30.07.2010 directing the Divisional Railway Manager (Personnel) to consider the representation dated 17.07.2010 of the applicant. The Divisional Railway Manager (Personnel), Lucknow decided the representation of the applicant rejecting the same by the impugned order. The applicant also denied the averment of the respondents that he had been called upon by the respondents between 13.04.2006 to 27.07.2006 to join the duty but he refused to join it, rather the fact is that during this period, he approached all the authorities for permission to join the duty but he was not permitted. Since the representation of applicant, sent to the Divisional Railway Manager (Personnel), N.E. Railway, Gorakhpur has been rejected by the said authority by order dated on 23.09.2010 hence, the present O.A. has been filed.

(3.) THE applicant has filed the Rejoinder Affidavit mainly reiterating the earlier stands taken in the O.A. On the other hand, the respondents have also filed the Supplementary Counter Reply on record mainly reiterating the earlier stands taken in the Counter Reply annexing Photostat copies of two papers dated 17.07.2006 and 25.07.2006.