Ashutosh Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11543 of 2017 ========================================================= Ashutosh Kumar, Son of Late Sukhdeo Rajak, Office Superintendent under Senior Section Engineer (Loco), N.F. Railway, Katihar. .... .... Petitioner
Versus
1. The Union of India through the General Manager, North Frontied Railway, Maligaon (Gauhati).
2. The General Manager (Personnel), North Frontied Railway, Maligaon (Gauhati).
3. The Divisional Railway Manager, North Frontier Railway, Katihar (Bihar).
4. The Divisional Railway Manager (Personnel), North Frontier Railway, Katihar (Bihar).
.... .... Respondents ========================================================== Appearance :
For the Petitioner :
Mr. M.P. Dixit, Advocate Mr. S.K. Dixit, Advocate Mr. Sanjay Kumar Chaubey, Advocate Mr. Shailendra Kumar, Advocate Mr. Sunil Kumar, Advocate For the Respondents :
Mr. D.K. Sinha, Sr. Advocate Mr. Siddartha Prasad, Advocate ========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 12-09-2017 Heard learned counsel for the petitioner and learned Senior counsel for the respondents.
Perused the order dated 04.08.2017 passed by Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 372 of 2015.
The Tribunal has rightly concluded in paragraph-16 as
Patna High Court CWJC No.11543 of 2017 dt.12-09-2017 under: - "16. Now we come to the last question. We have already determined that the applicants have no right to claim absorption against ministerial cadre. However, we take note that in spite of treating it as a diminishing category, the respondents on their own have absorbed several such persons against ministerial posts. We trust that the respondent authorities would treat all these applicants fairly and if there are no administrative difficulty in acceding to the applicants' request for absorption in ministerial cadre, they would keep in mind that they have done so on their own in several other cases." The respondent authorities are directed to consider the claim of the petitioner in consonance with the direction contained in above noted paragraph-16 of the Tribunal's order. Such decision must be taken within a period of four months from the date of production of a copy of this order. In view of the above, the writ application stands disposed of.
(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.09.2017 Transmission Date NA