Abdul Hamid And Ors. vs Union Of India And Ors. The General ...

1. Three original applications being O.A. No. 238 of 2004, O.A. No. 264 of 2004 and O.A. No. 365 of 2004 2 were filed before the Jodhpur Bench of the Central Administrative Tribunal (for short ‘the Tribunal’). There were in all 14 original applicants. The dispute raised in these original applications was that in the Bikaner Division of the Railways, the Divisional Manager, while issuing advertisement for filling up the posts of ‘fresh face substitutes’ in Group-D in Bikaner Division, had directed that only those candidates who had done their apprenticeship training with the Railways would be eligible for appointment. The contention of the original applicants was that this was violative of the directions given by the Railways and while making similar recruitments in all other parts of the country, though preference was given to those who had done there apprenticeship with the Railways, the selection was not exclusively limited to such candidates and all persons who were otherwise qualified, were entitled to apply for being selected. These original applications were filed before selection was made and after the selection process had been initiated.

2. The stand of the Railways before the Tribunal was that fresh face substitutes are engaged only as a time gap arrangement purely as a temporary measure till regular selection takes place and, therefore, the Railways was well within its jurisdiction to limit the source of recruitment to candidates who had undergone apprenticeship with the Railways. The main issue raised was that since only casual labourers were being engaged, keeping in view the local needs, preference was given to local candidates.

5. The Railways filed writ petitions being Civil Writ Petition Nos.4272-4274 of 2005. These matters were listed on 3rd August, 2005 before the High Court on which date notice was issued and, in the meantime, the order of the Tribunal, dated 24th February, 2005 was stayed.

12. As far as the second issue raised by Mr. R. Venkatramni, learned senior counsel is concerned, we may have sympathy with the appellants but we cannot direct that they be continued in service. The courts below held that they have been employed in violation of the general directions issued by the Railways from time to time wherein there is no restriction of limiting the field of choice to Railways trained apprenticeship. It is only in Bikaner Division of the Railways that this limitation was placed.

13. The appellants were well aware that their appointments made when the original applications were pending before the Tribunal or when the writ petitions were pending before the High Court were subject to the result of the litigation. They did not choose to file any application for intervention before the High Court. After the Railways lost in the High Court and did not carry the matter further, they approached this Court. They were granted stay and have been continuing on the basis of the 12 stay order. They knew that their fate depended upon the result of the litigation. Once their appeal is dismissed they cannot be permitted to be continued in employment only because they have been permitted to continue due to the interim orders.

15. In view of the above, we do not find any merit in these appeals which are dismissed accordingly.

16. Applications for substitution to bring on record the legal representatives of the deceased Appellant Nos. 46, 50, 74, 94, 156, 167, 254, 289 and 304 and condonation of delay in filing the substitution applications and setting aside abatement are allowed. Applications for impleadment are allowed to the extent that the applicants are permitted to intervene in the matter. All other pending applications stand disposed of. 14 CONTEMPT PETITION (C) NO(S). 291-293 OF 2016

17. In view of the fact that the process of selection is stated to have started, the contempt petitions are dismissed.