HON’BLE SRI JUSTICE GODA RAGHURAM AND HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 25114 of 2006 DATED: 21.12.2011 Between: V.K. Balaji and five others .. petitioners and The General Manager and six others .. Respondents O R D E R:- (Per Hon’ble Sri Justice Goda Raghuram) The writ petition is filed by the unsuccessful applicants in O.A. No. 270 of 2004, aggrieved by the order of the learned Central Administrative Tribunal, Hyderabad Bench (Tribunal) dated 22.09.2006 rejecting the application and upholding cancellation of the selection process pursuant to the Notification dated 09.07.2003 calling volunteers from amongst eligible Group-D staff of Commercial / Catering Department in the scale of Rs.2650-4000 RS(RP) and below who possess the specified educational qualifications, for selection to the post of Ticket Collector in the scale of Rs.3050-4590 against 16 2/3% Departmental Quota. Neither before the Tribunal nor before this Court has the Union of India of which the Railways is a department been impleaded as a respondent. The 1st respondent in both the fora is the General Manager. As the Union of India has not been impleaded the order is in-executable against the South Central Railway in view of the categorical mandate of Article 300 of the Constitution of India and its reiteration in Section 79 of the Code of Civil Procedure. There is also a succession of binding authority that holds that a lis against the Railways shall be pursued only by impleading the Union of India of which the Railway Administration is a Department. This having not been done, the Tribunal ought not to have adjudicated upon the issue presented in the O.A. In the circumstances, the writ petition is allowed on the ground that the order passed in O.A. was fundamentally irregular. The order dated 22.09.2006 is accordingly set aside on the singular ground that the proper and necessary party, the Union of India represented by the South Central Railway, was not impleaded as a party. The Tribunal may now proceed to adjudicate upon the O.A. afresh if the applicants implead the Union of India, subject to limitation, latches or delay. No costs. __________________ GODA RAGHURAM, J 21.12.2011 __________________________ G. KRISHNA MOHAN REDDY, J bcj