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Jonali Nath v/s The Union of India, Represented by the Secretary, Ministry of Railway, New Delhi & Others

Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

    Original Application No. 040/00405 of 2019

    Decided On, 29 September 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicants: H.K. Gupta, A.R. Tahbildar, R.M. Sharma, Advocates. For the Respondents: Usha Das, S.C. (Railways.)

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. On being mentioned by H.K. Gupta, learned counsel for the applicant in presence of Ms. Usha Das, learned standing counsel for the railways, the matter is taken up for consideration.

2. By the OA, filed this OA under Section 19 of the Administrative Tribunals Act, 1985 the applicant is seeking the following prayers:-

8.1 That the Honourable Tribunal be pleased to direct the responded authorities to consider the representation dated 28.11.2019 submitted by the applicant before the Respondent No.2 for allowing/granting some more time to the petitioner for submission of the ‘Non----Creamy Layer Certificate (OBC)’ for the post of junior Engineer (JE) in the Indian Railways, beyond the stipulated date i.e. 29.11.2019 fixed for verification of the documents before the Railway Recruitment Board, Guwahati, as the subject-matter regarding issuance of the ‘Non-Creamy Layer Certificate (OBC)’ to the petitioner is pending consideration before the Honourable Court in W.P.(C) No.8569/2019 and the next date is fixed on 06.01.2020;

8.2 Secondly, the candidature of the petitioner for the post of junior Engineer, (JE) in the Indian Railways Pursuant to Centralized employment Notification for No. CEN 03/2018 dated 29.12.2018 shall not be cancelled for non-production of ‘Non-Creamy Layer Certificate (OBC)’ during the pendency of W.P.(C) No. 8569/2019 and her qualified post should not be allotted to any other person and upon hearing the parties and upon perusal of the records and upon cause or causes shown if any, the Hon’ble Court may be pleased to make the said Rule absolute and/or pass any other Order/Orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.

8.3 To pass such other or further order(s) as your Lordships may deem fit and proper.

8.4 Any other relief(s) as Hon’ble Tribunal may deem fit and proper.”

3. Sri H.K. Gupta, learned counsel for the applicant submitted that in pursuance of the Central Employment Notice (CEN) No.03/2018 dated 29.12.2018 the applicant offered her candidature for the post of Junior Engineer in the Indian Railways. It was further submitted that the applicant has already successfully cleared the written examination and thereafter the railway authority called for her document verification at 2 PM on 29.11.2019 i.e., today. According to the learned counsel, applicant has all the document except the “Non-Creamy Layer Certificate’ (OBC) as the same is not issued by the state Government for which the applicant has already approached the Hon’ble High Court vide WP(C) No. 8569/2019. The Hon’ble High Court vide order dated 27.11.2019 directed the respondent no.6 in the said WPC i.e., DOPT to clarify as to whether the Explanation (i) mentioned below Clause-VI(b) is also applicable to Clause VI(a) of the OM dated 09.09.1993 which refers “ INCOME/WEALTH LIST’’ of son(s) and daughter(s) or not by way of an affidavit. The Hon’ble High Court also directed the DOPT to clarify what are the “other source of Income” in the said affidavit. The next date fixed was 06.01.2020.

4. Learned counsel for the applicant submitted that since the aforesaid WPC is pending applicant has submitted a representation dated 28.11.2019 to the respondent no.2 to grant some more time to submit the “Non-Creamy Layer Certificate (OBC)’ beyond 29.11.2019. Learned counsel accordingly prayed that since the subject matter regarding issuance of aforesaid certificate to the applicant is pending consideration before the Hon’ble High Court in WP(C) No.8569/2019 and the next date is fixed respondents may be directed to consider his representation allowing some time to produce the said certificate beyond 29.11.2019 and to allow her to submit available documents today excluding the Non Creamy Layer Certificate (OBC) and be permitted to produce the said certificate as and when the same is available. in support of his contention learned counsel relied on a decision of the Apex Court in the Case of Shashi Bhushan Yadav vs state of Bihar, 2019 SCC Online pat 677 decided on 17.05.2019 wherein it was held that the candidature of the applicant could not be rejected merely on the account of late submission of the non-creamy layer caste certificate.

5. By accepting the fair submission made by the learned counsel for the applicant we hereby direct the respondent no.2 to consider the pending representation date 28.11.2019 (Annexure A4) for grant of time beyond 29.11.2019 in t

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erms of the pendency of the WP(C) No.8569/2019 wherein the DOPT was directed to clarify as to issuance of Non-Creamy Layer Certificate (OBC). Respondent no.2 is also directed to allow document verification of the applicant today excluding the said Creamy Layer Certificate. 6. Ms U Das, learned standing counsel appearing for the railways is directed to intimate the order passed by this Tribunal today immediately. 7. OA is disposed of according at the admission stage itself. No costs.