CHANDER BHUKAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief: - -

(2.) THE background of the matter is that the applicant is working as Gateman, Gate No. 137 -C, Nanak Chand, Manakpur, Tehsil Kalka, falling with the Northern Railway, Ambala Division. The Railway Board vide letter No. E(P&A) I -2010/RT -2 dated 29.3.2011 (Annexure A -1) decided that retirement/recruitment process under the LARSGESS may be done twice in a year. The applicant submitted his application under LARSGESS on 08.07.2012. Forms A & B, both dated 08.07.2012 (Annexures A -2 and A -3) bear the seal of the office of the Senior Section Engineer (P. Way), Northern Railway, Chandigarh in acknowledgement of the application having been received. When the result pertaining to the selection of July, 2012 was declared, the applicant learnt that his name neither figured in the list of selected candidates nor in the list of the rejected candidates. The applicant took up the matter with the higher authorities and learned that his application was never forwarded to the office of the Senior Divisional Personnel Officer, Northern Railway, Ambala Cantt till 31.7.2012 which was the last date for submission of the application. The application was sent by the Senior Section Engineer (P.way), Northern Railway, Chandigarh after the last date and was received in the office of the Senior Divisional Personnel Officer, Ambala Cantt on 24.6.2013. It has further been stated that it was the duty of the Senior Section Engineer (P. way), Northern Railway Chandigarh to forward the application of the applicant to the Divisional Secretary, Ambala well within the time. But having failed to do so, a false plea is being taken that the applicant never submitted his application before 31.7.2012. In this manner, the future of the ward of the applicant is being tried to be put on suspense. The applicant should not suffer for the mistake committed by the Officer of the Northern Railway, rather he should be given an opportunity to compete with the similarly situated candidates. Hence this OA.

(3.) IT has further been stated that Senior Section Engineer, Chandigarh - respondent No. 4 vide his letter dated 18.07.2013 (Annexure R -4), informed respondent No. 6 that the applicant failed to enclose the requisite paper alongwith his application dated 08.07.2012 and belatedly submitted the same after the due date i.e. July, 2012 and resubmitted the same on 24.6.2013 alongwith Caste Certificate which is signed by the official only on 19.02.2013 (Annexure R -5).