SHAMSHAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Shamshad Ali has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying therein the following reliefs:

(2.) The brief facts of the case as mentioned in the O.A. by the applicant are that the applicant was appointed as substitute Group 'D' in Western Railway with effect from 27.8.1978 and he acquired the temporary status after expiry of 120 days continuous service as per rules and all his juniors have also been granted temporary status and many of them have been regularised. He was employed as a Coalman in Loco Shed, Western Railway, Iddgah, Agra. He was assigned the seniority and place at Sl.No. 160 in substitute cadre vide letter dated 12.02.1980 (Annexure A2).

(3.) THEREAFTER no written order of suspension was issued and no suspension allowance was paid despite representation for revocation of suspension and taking the applicant on duty. He was acquitted from the criminal case on 31.5.88, thereafter he requested for his reinstatement in service. A report was also given on his representation and matter was agitated consistently and taken up with the Competent Authority through the Trade Union but no avail. It has also been submitted that applicant was ignorant about the procedure to be adopted in such case and the matter was kept hanging till date. He filed a Civil Miscellaneous Writ Petition No. 10260 of 2000 before the Hon' ble High Court, Allahabad but the same was dismissed on the ground that applicant has got an alternative remedy under the Central Administrative Tribunals Act.