M-) y HIGH COURT OF CHHATTISGARH AT BILASPUR DSVISION BENCH HON'BLE SHRE RAJEEV GUPTA, CJ. HON'BLE SHR! SUNIL KUMAR SINHA, J. Petltloners/ ^ Wrlt Petition (S) No. 5915 Qf2009 1. Harish Rao, aged about 41 years, unempioyed S/o Shri Amrit Rao, R/o Oid Loco Kholi, near Block No.64/1, Railway Colony, Bilaspur (C.G.) 2. Yogesh Gupta, aged about 40 years, unempioyed, S/o Shri Panna Lal Gupta, R/o Near Mahri Mail Mandlr, Railway Colony, Bilaspur (C.G.) 3. S. SanA/ar, aged about 47 years, unemployed, S/o Shri Khalii, R/o Near Mashi Chhaya, Tarbahar, Biiaspur (C.G.) 4. Sunil Kumar Kishoriya, aged about 46 years, unempioyed, S/o Shri P.D. Kishoriya, R/o Panchavati, Rajklshore Nagar, Gram Mopka, Bilaspur (C.G.) !\. 1 4. VERSUS Union of india, through the Generai Manager, S.E.C. Raiiway, G.M. Office, Bilaspur Zone, Bilaspur (C.G.) The Divisionai Raifway Manager, S.E.C. Railway, Bilaspur Division, DRM Compiex, Bilaspur (C.G.) The Sr. Divisional Personnel Officer, S.E.C. Railway, Biiaspur DJvision, DRM Compiex, Bilaspur (C.G.) M. Sriniwasu, aged about 47 years, unempfoyed, S/o Shri M.S.N. Murty, R/o Line No. 14/222, Vinoba Nagar, Biiaspur (C.G.) PETITION UNDERARTSCLE 226/227 OF THE CONSTlTUTjONGFINDjA @) Present: Shri R.R. Soni, learned counse! for the petitioners. I'l.^, IIINNNNBI.' QRDER ^th (20m0ctober,2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri R.R. Soni, learned counse! for the petitioners is heard on admlssion. 2. The petitioners have filed this writ petitlon against the impugned order dated 25-08-2009, passed by the Biiaspur Circuit Camp of Jabalpur Bench of Central Administrative Tribunal in O.A. No. 529 of 2009 and M.A. Nos. 514 & 515 of 2009. 3. The petitioners in their original application were seeking a direction to the respondents to consider them for appointment as Casua! Labour/ Gangman in South East Centra! Raiiway, Biiaspur in terms of Memoranda dated 13-12-1989 and .17-01-1990. 4. The Tribunal considering that ail the petitioners are now aged more than 40 years and as such havs become over-aged for appointment in Government Service; the Original Application was hopeiessly time-barred as the cause of action arose in the year 1989-1992, dismissed the petitioners' Originai Application vide impugned order dated 25-08-2009. . 5. Shri R.R. Soni, learned counse! for the petitioners vehemently argued that the Tribuna! has not given due weight to the fact that the petitioners initiaiiy had fiied a writ petltion in the ^^^KK^^ f€T\ ^ ^^'^"^ ' . ( High Court and thereafter when their writ petition was dismissed as withdrawn vide order dated 07-05-2009 with the liberty to the petitioners to take recourse to the appropriate forum that may be avaiiable to the petitioners, the petitioners had fited the Originai Appiication before the Tribunal. 6. The cause of action for the petitioners arose during the period 1989-1992 when they were not considered for appolntment by the respondents as Casual Labour/ Gangman. The writ petition in the High Court too was filed after more than 15 years. 7. We, therefore, do not find any fault in the approach of the Tribunal In holding the petitioners' Originai Appllcation before the Tribunal as hopelessly barred by time. 8. That apart, ali the petitioners now admittediy are over-aged for their entry in the Government Service 9. For the foregoing reasons, we do not find any scope for interference In the matter. 10. The wrlt petition, therefore, is iiable to be dismissed and is hereby dismissed summariiy. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu