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THE GAUHATI HIGH COURT AT GUWAHATI (The High Court Of ,Nagaland,Meghalaya,Manipur,,Mizoram and Arunachal Pradesh)

PRINCIPAL SEAT AT GUWAHATI ------CASE NO : WP(C) 899/2011 District : Nagaon Category : 10057 (Order of the Appellate or Revisional authority. ) ------1 SWAPAN CHANDA & 54 ORS SON OF GOPAL CHANDA LUMDING, NAGOAN, ASSAM. 2 SRI SUBIR BHOMIK SON OF B.B. BHOWMIK, LUMDING, NAGAON, ASSAM. 4 SRI MUHIR BHOMIK SON OF B.B.BHOWMICK, LUMDING NAGAON,ASSAM. 6 SRI TAPAN BHATTACHARJEE SON OF S. BHATTACHARJEE LUMDING, NAGAON, ASSAM. 8 SRI NAKUL MAZUMDAR SON OF LT.N.K. MAZUMDAR, GUWAHATI, KAMRUP, ASSAM. 10 SRI GANESH BAHADUR SON OF LT. LAL BAHADUR LUMDING NAGAON, ASSAM. 12 SRI S.N. BHATTACHARJEE SON OF B.P. BHATTACHARJEE, LUMDING NAGAON, ASSAM. 14 SRI BISWAJIT GHOSH SON OF LT. D.B. GHOSE LUMDING NAGAON, ASSAM. 16 SRI NAKUL CH. DAS SON OF LT. RAM JIBAN DAS LUMDING NAGAON, ASSAM. 18 SRI RAKHAL CH. DAS SON OF LT. HARE KRISHNA DAS, , NAGAON, ASSAM. 20 SRI PRADIP KR. BHATTACHARJEE SON OF S. BHATTACHARJEE, LUMDING NAGAON, ASSAM. 22 SRI BHUPENDRA KR. DAS SON OF LT.K.C. DAS LUMDING NAGAON, ASSAM. 24 BIPLAB KR. DAS SON OF KHUDI RAM DAS LUMDING NAGAON, ASSAM. 26 SRI A CHATTERJEE SON OF A.C. CHATTERJEE LUMDING NAGAON, ASSAM. 28 SRI GOPINATH DAS SON OF A.N. DAS LUMDING NAGAON, ASSAM. 30 SRI RATAN SINGH S/O HIRALAL SINGH LUMDING NAGAON, ASSAM. 32 SRI SAMIRAN MAZUMDAR S/O LT. GOPAL MAZUMDAR LUMDING NAGAON, ASSAM. 34 SRI SUBHASH CH. DAS SON OF J.K. DAS LUMDING NAGAON, ASSAM. 36 SRI TAPAN SIKDAR SON OF LT. R.M. SIKDAR LUMDING NAGAON, ASSAM. 38 SRI SUNIL CHOWDHURY SON OF LT. B. CHOWDHURY CHAPARMUKH, NAGAON, ASSAM. 40 SRI SANJIB KARMAKAR SON OF J.G. KARMAKAR LUMDING NAGAON, ASSAM.

Page No. 1 42 SRI A.K. DUTTA SON OF M.L. DUTTA HARANGAHOW, N.C. HILLS, ASSAM. 44 SRI S. BHATTACHARJEE SON OF A.K. BHATTACHARJEE LUMDING NAGAON, ASSAM. 46 SRI GAUTAM BISWAS SON OF N. BISWAS LUMDING NAGAON, ASSAM. 48 SRI SUKUMAR DUTTA SON OF LT. D.N. DUTTA GUWAHATI, KAMRUP, ASSAM. 50 SRI KISHORE NATH SON OF U.L. NATH LUMDING NAGAON, ASSAM. 52 SRI R. MALLICK SON OF D.C. MALLICK LUMDING NAGAON, ASSAM. 54 SRI RATAN SIKDAR SON OF LT. R.M. SIKDAR LUMDING NAGAON, ASSAM. 56 SRI UTTAM KR. DEY SON OF GANESH CH. DEY GUWAHATI, KAMRUP, ASSAM. 58 SRI AJOY CHAKRABORTY SON OF A.R. CHAKRABORTY LUMDING NAGAON, ASSAM. 60 SRI A. DEY SON OF LT. J.M. DEY LUMDING NAGAON, ASSAM. 62 SRI SUBRATA BISWAS SON OF SUKUMAR BISWAS LANKA, NAGAON, ASSAM. 64 SRI TAPAN ROUTH SON OF S.J. ROUTH JHATINGA, N.C. HILLS, ASSAM. 66 SRI SWAPAN GHOSH SON OF K.L.GHOSE LUMDING NAGAON, ASSAM. 68 SRI RATAN BHATTACHARJEE SON OF S. BHATTACHARJEE LUMDING NAGAON, ASSAM. 70 SRI BISHNU DUTTA, SON OF AMAR KRISHNA DUTTA LUMDING NAGAON, ASSAM. 72 SRI BRAJA GOPAL BHOMIK SON OF K.N. BHOMICK, LUMDING NAGAON, ASSAM. 74 SRI CHANDAN ROY KARMAKAR SON OF J. ROY KARMAKAR LUMDING NAGAON, ASSAM. 76 SRI PRADIP DEBNATH SON OF R. DEBNATH LUMDING NAGAON, ASSAM. 78 SRI R.K. DEY SON OF LT. J. M. DEY LUMDING NAGAON, ASSAM. 80 SRI MANOJ DAS SON OF L. DAS LUMDING NAGAON, ASSAM. 82 SRI SHYAMAL BANIK SON OF S. BANIK LUMDING NAGAON, ASSAM. 84 SRI SANJIB KR. ROY SON OF B.D. ROY LUMDING NAGAON, ASSAM. 86 SRI UTTAM MAZUMDAR SON OF A. K. MAJUMDAR GUWAHATI, KAMRUP, ASSAM. 88 SRI RAJU DUTTA SON OF AMAR KRISHNA DUTTA GUWAHATI, KAMRUP, ASSAM. 90 SRI ANIL RAY SON OF A. C. ROY LUMDING NAGAON, ASSAM.

Page No. 1 92 SRI PRADIP KR. DEBNATH SON OF MONORANJAN DEBNATH LUMDING NAGAON, ASSAM. 94 SRI UTTAM BISWAS SON OF LT. A BISWAS LUMDING NAGAON, ASSAM. 96 SRI A.K. DEY SON OF ASHUTOSH DEY LUMDING NAGAON, ASSAM. 98 SRI HARIPARA DAS SON OF S. B.DAS LUMDING NAGAON, ASSAM. 100 SRI NANDA DULAL BHOMIK SON OF K.N. BHOWMICK LUMDING NAGAON, ASSAM. 102 SRI KHOKAN MAZUMDAR SON OF JOGESH MAJUMDAR, LUMDING NAGAON, ASSAM. 104 SRI SUJIT DEB ROY SON OF AJIT DEB ROY LUMDING NAGAON, ASSAM. 106 SRI DIPANKAR PAUL SON OF MUKUT PAUL LUMDING NAGAON, ASSAM. 108 SRI S. ROY SON OF B.D. ROY LUMDING NAGAON, ASSAM. Petitioner/appellant/applicant Versus 1 THE UNION OF & ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAWAN, RAISINA ROAD, NEW DELHI, PIN-110001. 2 THE GENERAL MANAGER (P), N.F. RAILWAY, MALIGAON, GUWAHATI-781011. 4 THE DIVISIONAL RAILWAY MANAGER (P), N.F. RAILWAY, LUMDING-782447. 6 THE DIVISIONAL PERSONNEL OFFICER, N.F. RAILWAY, LUMDING -782447. 8 THE RAILWAY RECRUITMENT BOARD, GUWAHATI, REPRESENTED BY ITS CHAIRMAN, STATIONS ROAD, GUWAHATI-781001. Respondent/Opp. Party Advocates on record for Petitioner/app 1 MR. B D KONWAR 2 MRS. J M KONWAR 4 MR. R KALITA 6 MR. M K BORAH 8 MR. R HUSSAIN 10 MR. S DAS 12 MR. P CHOUDHURY

Advocates on record for Respondents 1 SC, RAILWAY 2 MR. A K SARKAR ------Summary Of Case And Prayer In Brief ------

BEFORE HON'BLE MR. JUSTICE I. A.ANSARI HON'BLE MR. JUSTICE A.K.GOSWAMI DATE OF ORDER : 01/03/2011

JUDGMENT AND ORDER

(A.K.Goswami,j)

Page No. 1 55 number of petitioners have approached this Court by way of an application under Article 226 of the Constitution of India challenging the order dated 4.9.2009 passed by the Central Administrative Tribunal, Guwahati Bench in Original Application No. 88 of 2009, dismissing the application filed by them at the admission stage.

2. We have heard Mr. B.D.Konwar, learned Counsel, for the petitioner and Mr. A.K.Sarkar, learned Standing Counsel, Railways appearing for the respondent Nos. 1 to 4 and as agreed to by the learned Counsel for the parties, this case is taken up for final disposal at the admission stage. 3. The petitioners contend that they were casual labourers who worked under Mechanical Department, N.F. Railways , at Lumding Division and the casual labourers are engaged and dis-engaged, depending upon the nature of the work. For absorption or re-engagement of ex-casual labourers, the Railway Board, in 1987-1988, had issued various Circulars ,in terms of which , the Railway Authorities were required to maintain ,what is called, live register and supplementary live register. The guidelines in the Circulars provided the names of those casual labourers, who had worked prior to 01.01.1981 and were re-engaged after 01.01.1981, were to be shown in the live casual registers and whereas in the case of supplementary live casual register, the names of those casual labourers would be included, who were discharged prior to 01.01.1981 due to completion of work and not engaged thereafter but had applied for such re-engagement by 31.03.1987.The Govt. of India, Ministry of Railways had issued a Circular dated 9.10.98 to all Zonal Railways laying down the norms to be followed in screening of casual labourers borne on the live/ supplementary register. The petitioners started making representations on and from 4.10.90, seeking their re-engagements in Mechanical Department. They further made representations on 27.2.95 when they discovered that a large number of ex-casual labourers were absorbed , although they were engaged much later than the petitioners. Though some information and comments were called from the respondent No. 3 , by the respondent No. 2, nothing tangible came out and the cases of the petitioners were not considered though many casual labourers were absorbed in Group D Category.

3. The petitioners had taken resort to the Court of law by filing O.A. No. 248 of 2006 before the Central Administrative Tribunal, Guwahati Bench with the following prayers:- “(a) A direction to the respondents to include the names of the applicants to the live register/supplementary live register of ex-casual workers.

(b) A direction to the respondents to absorb the applicants in the same way as has been done with regard to the 194 similarly situated ex-casual workers

(c) A direction to the respondents to issue similar Order in favour of the applicants like that of Order No. EW/261 I Pt. II, dated 03.02.2005 issued by the Railways appointing 25 numbers of Khalasis.”

The Tribunal by an order dated 23.10.2006 disposed of the O.A. No. 248 of 2006 directing the applicants therein to submit independent representation with relevant records available with them to the respondent authorities and on receipt of such representation, the competent authority would consider and dispose of the same with a speaking order within a period of 4 months from the date of receipt of the order. On 17.01.2007, on receipt of the representations, in compliance of the order of the Tribunal dated 23.10.2006, the

Page No. 1 respondent authorities stated that the petitioners had not applied within the stipulated time (31.03.1987) for inclusion of their names in the live register/ supplementary live and as such, there was neither any scope to enlist their names nor to verify the genuineness of their claims at this distant point of time. This order was again put to challenge before the Tribunal in O.A. No. 84/2007 and confronted with the fact that they had not filed applications for absorption prior to

31.3.1987, the original application was sought to be withdrawn with a liberty to approach the respondent authorities for a proper consideration on merits after condoning the delay and accordingly, the said O.A No. 84/07 was disposed of on 21.01.2008. The petitioners made representations to the respondent No. 2 on 17.04.2008 for consideration of their cases on merit and also to take into consideration the fact that many similarly situated persons were engaged in the post even though they did not apply within the cut off date. The representations being not attended to, O.A. No. 88/2009 so filed by the petitioners, was dismissed on the grounds that the petitioners have miserably failed to put up a prima-facie case. 4. In the Tribunal, the respondents had taken two preliminary objections - firstly, with regard to the issue of res-judicata and secondly, with regard to maintainability of an application filed by 55 applicants. A perusal of the judgment of the Tribunal indicates that no findings have been recorded by the learned Tribunal on the aforesaid two issues.It is apparent that in the two previous rounds of litigation, cases of the petitioners had not been heard and finally decided on merits and, therefore, there is no merit in the contention raised with regard to res- judicata. With regard to the other contention, we may note that the petitioners had approached by filing O.A No. 248/2006 and there was a direction by the Tribunal dated 23.10.2006 directing them to submit independent representations before the authorities. In that view of the matter, we find that the petitioners cannot be non-suited on the ground of non-maintainability of the joint petition .

5. The Tribunal because of non-furnishing of contemporaneous documents by the applicants to support their cases, took a view that when the applicants had amicably failed to put up a prima-facie case in their favour, the question of consideration of their prayers for condone the delay does not arise.

6. We find from the writ petitions that those statement has been made by the petitioners that the petitioners No 1 to 19 were engaged as casual labourers during the period of January,1979 to December,1979 under the Mechanical Department of the N.F.Railways at Lumding Division. It is also stated that the petitioners No. 20 to 55 were engaged as casual labourers during the period 1988-1990 under the Mechanical Department, Lumding Division, N.F.Railways.On their own showing , they had not worked prior to 01.01.81and, therefore, the petitioners No. 20 to 55 cannot have the benefit of the circular in question which is applicable only to casual labourers who had worked prior to 01.01.81.

7. However, as far as the petitioners No.1 to 19 are concerned,we are of the view, in the facts and circumstances of the case, the respondent authorities, more particularly, respondent No.2 ,should consider and dispose of the representation dated 17.4.08 (Annexure P-16) of the writ petition. The petitioners No. 1 to 19 also submit the period of engagement as casual labourers, which is stated to have been filed along with the representation dated 27.2.95 Annexure (P-1) and any other information that is available to them with regard to their being engaged as casual labourers. They may do so within a period of 1 month from today. The respondent No.2,then, shall consider the

Page No. 1 representations and dispose of the same within a period of 3 months, in the light of all attending facts and circumstances including whether their applications can be considered , though submitted beyond 31.3.97.So far as the other petitioners are concerned, they may take such further steps as may be available to them in law.

8. With the above observations and discussions, this writ petitions stands disposed of.