K. LALITENDU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, who was then working as Chief Diesel Power Controller under Chief Mechanical Engineer, East Coast Railways, Bhubaneswar, has filed this Writ Petition seeking to quash the common order dtd. 24/10/2011 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. Nos.245, 250 and 251 of 2009 in Annexure-1, by which the prayer of the Petitioner and two others to quash the order of repatriation dtd. 8/5/2009 and the order of approval dtd. 10/4/2009 was rejected. The Petitioner further seeks for a direction to the Opposite Parties to absorb him regularly in East Coast Railway Headquarters at par with similarly situated employees.

(2.) The factual matrix of the case, in brief, is that the Petitioner initially joined in South Eastern Railway on 19/9/1995 as Assistant Loco Pilot under Senior D.M.E., Sambalpur and at the time of filing this Writ Petition, he was working as Chief Diesel Power Controller under Chief Mechanical Engineer, East Coast Railway, Bhubaneswar.

(3.) Mr. N.R. Routray, learned Counsel appearing for the Petitioner, contended that once the option was called for from the staff, pursuant to which the Petitioner had exercised the same and he was posted at East Coast Railway Headquarters, it cannot be construed that he had been drafted to the East Coast Railway. Rather, on exercise of such option, he had been allowed to continue in East Coast Railway. It is further contended that if other similarly situated persons, who had come to East Coast Railway on exercise of option, have already been absorbed in East Coast Railway, there is no justifiable reason to repatriate the Petitioner to his Parent Division, i.e. Sambalpur Division. Applying same analogy, since the Petitioner stands on the same footing with them, he should have been absorbed in East Coast Railway and extended all the benefits, as due and admissible to him, in accordance with law.