Thursday, October 10, 2013

Bom OA 179/2013

Bom OA 179/2013

CENTRAL ADMINISTRATIVE TRIBUNAL,
BOMBAY BENCH, MUMBAI.

ORIGINAL APPLICATION No.179/2013

Dated of Decision:18.04.2013

CORAM: HON'BLE SMT.LEENA MEHENDALE, MEMBER(A)
HON'BLE SMT.CHAMELI MAJUMDAR, MEMBER(J)

Ranjit Balaram Tewari,
R/at Flat No.302,
E-Wing, 3rd Floor,
Omkar Residency, Manda -
Titwala (W), Near Titwala
Rly. Station – 421 605
Dist. Thane. ...   Applicant

(By Advocate Shri R.D. Deharia)

VERSUS

1. Union of India,
Through the General Manager
Head Quarters Office,
Central Railway, CST,
Mumbai 400 001.

2. The Chief Work Shop Manager,
Carriage Work Shop,
Central Railway, Matunga
Work Shop, Matunga,
Mumbai 400 019. ...  Respondents
O R D E R (ORAL)
Per: Smt. Leena Mehendale, Member(A)
When this matter came up for hearing on the last occasion on 12.04.2013, on the question of admission, the Bench requested learned counsel Shri S.C. Dhawan, who is a Standing Counsel for Central Railway to get instructions from the Railway which he has obtained and presented today which gives the status position as on today.
2. The applicant who is a Senior Section Engineer in Pay Band-II with Grade Pay of Rs. 4,600/- was transferred vide impugned order dated 12.03.2013 from Matunga to Parel Workshop within Mumbai itself.  Relieving order was served on him on 21.03.2013 which as per the Railways, he has refused to acknowledge.  Charge has also been handed over on the same day to new incumbent.  The applicant has proceeded on sick leave and is still on leave.  In the meantime, the OA has been filed on 04.04.2013.
3. It is admitted that the applicant is holding the post with the Railways which is a transferable job, the distance between Matunga Workshop to Parel Workshop is less than 5 kms.  The applicant is not going to loose any of his present benefits.
4. We have gone through the grounds presented by the applicant from paragraph 5.1 to 5.8.  He had been at Matunga for more than 8 years.  He simply alleges favouritism in order to bring other incumbent in his place.  The applicant should be aware that he is working in a transferable job and transfers are made for a large number of administrative reasons including the reason for stopping creation of vested interest at one place.  We see no merit in the matter.
5. OA is dismissed in limine.  No costs.


(Smt. Chameli Majumdar) (Smt. Leena Mehendale)
    Member(J)           Member(A)

dm.



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