IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7438 of 2009 RAIL COMMISSION VENDOR ASSOCIATION Versus THE INDIAN RAILWAY CATERING &TOURISM CORPN. LTD. & ORS For the Petitioners : Dr. Mayanand Jha, Uday Kumar For the Railways :Mr. Mahesh Prasad, Advocate 2 6.7.2009 Heard counsel for the petitioners and the State as well as learned counsel appearing on behalf of the Railways. The petitioners seek a direction to the respondents authorities not to disengage the Commission Vendors/Bearers at Barauni Junction of the East Central Railway till their appointment in regular service. Learned counsel for the petitioners submits that the petitioners were appointed as Commission Vendors/Bearers by various letters as similar to that as contained in Annexure-1. Petitioner no.1 is the recognized Trade Union of Commission Vendors and petitioner no.2 is one of its members. The Railway Commission Vendors/Bearers were appointed at the Divisional Level to perform work of vendors/bearers as per the guide lines issued by the Railways from time to time on commission@ 12% of the sale done by them. They are also entitled to leave and Provident Fund. The Railways from time to time absorb such Vendors/Bearers in Class IV service as and when vacancies so arise. In support of his contention, he relied upon Annexure-2 and 2/A which are letters of absorption of some of Commission Vendors/Bearers. He further submits that in pursuance of a decision rendered by the CAT Principal Bench in O.A. No.1768 of 1999, the Divisional Personnel Officer, Danapur vide his letter no.5 dated 17.11.2005, as contained in Annexure-3, took steps for regularization of Commission Vendors/Bearers and pursuant to the aforesaid letter dated 17.11.2005 2 KHAN some of the Commission Vendors/Bearers were absorbed. The petitioners were similarly also called for screening vide letter dated 27.4.2006 and 7.3.2006, as contained in Annexure-5 and 5A and pursuant to that they had appeared for screening but thereafter they did not hear any information from the authorities. It is submitted that the petitioners in representative capacity also filed their representation, as contained in Annexure-8. Learned counsel for the petitioner submits that in view of the order passed by the Principal Bench, CAT the petitioners ought to have been considered for absorption and until the decision is taken, they should not be disengaged. Learned counsel for the Railways submits that the petitioners ought to move the Central Administrative Tribunal instead of rushing this court. Having considered the facts and circumstances of the case, this court in stead of asking the petitioners to file a fresh application before the CAT directs the authorities concerned to dispose of the representation of the petitioners dated 12.5.2009, as contained in Annexure-8, within eight weeks from today in accordance with law. Till then the status quo of the petitioners as of today shall be maintained. With the aforesaid observations and directions, this writ petition stand disposed of. (S.P.Singh,J)