Central Administrative Tribunal - Jaipur
Subhash Chand Khatri vs North Western Railway on 21 July, 2025
OA No. 316/2022 1
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. 316/2022
Order Reserved on: 14.07.2025
DATE OF ORDER: 21.07.2025
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
1. Subhash Chand Khatri S/o Sh. Shiv Prasad Khatri, aged
49 years, R/o 1436/28, Gali No. 7, Shiv Nagar, Bihari
Ganj, Ajmer-305001, Rajasthan. Mob. 8209186534,
Email [email protected] Group 'D'.
. Anoop Anand Das S/o Sh. Peter P. Das 23, Mitra Nagar,
Rati Dang, Ajmer-305001, Rajasthan.
. Aditya Kumar Sharma S/o Sh. Shoba Ram Sharma R/o
1387/41, Gali No. 3, Shiv Nagar, Bhiari Ganj, Ajmer-
305001, Rajasthan.
. Ajay Kumar S/o Sh. Ram Babu R/o Quarter No. 210, UIT
Colony, Kotara, Ajmer-305001, Rajasthan.
. Ajay Singh Sisodia S/o Sh. Ravinder Pratap Singh
Sisodia R/o 1003/32, Alwar Gate, Ajmer-305001,
Rajasthan.
. Ajeet Singh S/o Sh. Sunder Singh R/o Qu. No. B-80,
Panchshil Colony, Makerwali Road, Ajmer-305001
Rajasthan.
. Anil Sharma S/o Sh. Bheemraj Sharma, R/o 461/28,
Bhajan Gunj, Nia Basti, Ajmer-305001, Rajasthan.
. Arun Kumar Arora S/o Sh. S.K. Arora R/o Shiv Colony,
Shankar Nagar, Naya Ghar, Gulab Bari, Ajmer-305001,
Rajasthan.
. Ashok Kumar S/o Sh. Badri Prasad R/o 25, Vakil Nagar,
Chandera Bardai Nagar, Ajmer-305001, Rajasthan.
10. Ashwini Kumar S/o Sh. Devi Singh R/o Freeland Ganj,
Parel Faliya, Dahod-389151, Gujarat.
11. Bajja Singh S/o Sh. Sohan Singh R/o Village Naahar
Pura, Post Ram Garh, Dist. Ajmer-305001, Rajasthan.
12. Bihari Lal S/o sh. Ram Karan, Vishnu Hill R/o Town,
Block A, Behind Saraswati School, Ajmer, Rajasthan.
13. Brijesh Kumar Saini S/o Sh. Mata Din Saini R/o 31-B,
Behind Saraswati School, Vishnu Hill Town, Ajmer,
Rajasthan.
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14. Brijesh Panwar S/o Sh. Kanhaiya Lal R/o 509/36, Naya
Bada Police Line, Ajmer, Rajasthan.
15. Chandra Prakash Bhati S/o Sh. Govind Kumar Bhati R/o
319/29, Gali No. 1, Naya Ghar, Gulab Badi, Ajmer,
Rajasthan.
16. Dayesh Kumar Verma S/o Sh. Jeewan Ram Verma R/o
38, Jeewan Deep, Amba Wadi, Topdhara, Ajmer,
Rajasthan.
17. Deepak Mathur S/o Sh. Devi Narayanan Mathur R/o 397
Neem Chabutra, Khajana Gali, Ajmer, Rajasthan.
18. Deepak Mathur S/o Sh. Nand Lal Mathur, R/o 30/21/8,
Varun Path, Mansarovar, Jaipur, Rajasthan.
19. Dharmender Kumar S/o Sh. Suraj Singh, R/o 68/31,
Near Saint Francis School, Alwar Gate Ajmer, Rajasthan.
20. Dinesh Kumar S/o Sh. Rameshwar Lal R/o 124 K, Bade
Mandir Ke Pass, Pachar, Jaipur, Rajasthan.
21. Dinesh Sharma S/o Sh. Babu Lal R/o 373/27, Mata Wali
Gali, Jones Ganj, Ajmer, Rajasthan.
22. Ganga Ram S/o Sh. Bhera Ram R/o Railway Awwas No.
273/21, R.P.F. Colony, Jones Ganj, Ajmer, Rajasthan.
23. Hari Singh S/o Sh. Laxman Singh Rawat R/o Roda Ji Ka
Badiya, Beawar, Ajmer, Rajasthan.
24. Harish Chand S/o Sh. Mawali Ram, R/o 747 D/26,
Bhagwan Gunj, Ajmer, Rajasthan.
25. Hemant Kumar S/o Sh. Banshidhar Sharma R/o Ashok
Vihar Colony, Gali No. 7 Gaddi Maliyan, Ajmer,
Rajasthan.
26. Jaswant Kumar Morya S/o Sh. Kishan Singh, R/o 435/15,
Pal Bichhla, Ajmer, Rajasthan.
27. Jitendra Singh Bhati S/o Sh. Shyam Singh Bhati R/o
405-B/44, Bhati Bhawan, Naya Ghar, Gulab Badi, Ajmer,
Rajasthan.
28. Jitendra Singh Rathore S/o Sh. Durga Prasad R/o
633/28, Near Goyal Salt Factory, Pahar Ganj, Ajmer,
Rajasthan.
29. Kamal Kishor Sharma S/o Sh. Chirangi Lal Sharma R/o
Aam Ka Talab, Opposite Sanskar Public School, Shakti
Nagar, Naka Madar, Ajmer, Rajasthan.
30. Kamlesh Chandra Maurya S/o Sh. Sharda Prasad R/o
990/37, Rajiv Gandhi Colony, Jones Ganj, Ajmer,
Rajasthan.
31. Kishan Lal Verma S/o Sh. Megha Ram Verma R/o V&PO
Khora Lad Khani, Gathwari, Shahpur, Distt. Jaipur,
Rajasthan.
32. Kulvinder Singh S/o Sh. Gurumukh Singh, R/o B-73, MD
Colony, Naka Madar, Ajmer, Rajasthan.
33. Kunj Bihari S/o sh. Udai Bhanu R/o 1296/42, Mahawar
Priya Darshini Colony, Pipal Ka Kuan, Dholla Bhatta,
Ajmer, Rajasthan.
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34. Lalit Kumar S/o sh. Bal Kishan R/o Plot No. 744/40,
Balupura Road, Shivaji Nagar, Gali No. 7, Ward No. 31,
Ajmer, Rajasthan.
35. Lekhraj Solanki S/o sh. Indermal Solanki R/o 169/29,
Bakshiji Ki Kothi, Gali No. 2, Ajmer, Rajasthan.
36. Mahendra Singh S/o Sh. Shiv Lal R/o 1578, Post Nana,
Th. Bali, Dist. Pali, Rajasthan.
37. Mala Ram Choudhary S/o Sh. Pura Ram Choudhary R/o
Village Bhakro Ki Dhani, Post Thob, Th. Osiya, Jodhpur,
Rajasthan.
38. Manoj Kumar Rao S/o Sh. Bajrang Singh Rao, R/o
415/28, Near J.K. Pro. Store, Bhajan Gunj, Ajmer,
Rajasthan.
39. Mohan Singh S/o Sh. Mohobat Singh, Village Naya Kheda
Post Shantpur, Tehsil Abu Road, District Sirohi,
Rajasthan.
40. Mukesh Jha S/o Sh. Vishnu Kant Jha R/o 1236-B, Bihari
Gunj, Ajmer, Rajasthan.
41. Mukesh Kumar S/o sh. Bhanwar Lal R/o 340/36, Loha
Kahn, Police Line, Ajmer, Rajasthan.
42. Mukesh Kumar S/o sh. Klau Ram, 542/33, Near of
Chhuna Bhatta, Todpara, Ajmer, Rajasthan.
43. Narender Singh S/o Sh. Hem Raj R/o 125, Gandi Nagar,
Dhola Bhatta, Ajmer, Rajasthan.
44, Narender Singh S/o Sh. Sewa Ram R/o Railway Ground
Ke Pass, Mataghar, Abu Road, Sirohi, Rajasthan.
45. Naresh Kumar Verma S/o Sh. Bhanwar Lal Verma R/o
1412/37, Purani Chungi Choki, Railway Crossing-3,
Adresh Nagar, Ajmer, Rajasthan.
46. Nemi Chand Moraya S/o Sh. Ratan Lal R/o 582/14 Main
Road Gaddi Maliyan, Jons Gunj, Ajmer, Rajasthan.
47. Ota Ram S/o Sh. Mittha Lal R/o Regar Mohalla,
Luniyapura, Abu Road, Dist. Sirohi, Rajasthan.
48. Pankaj Kumar S/o Sh. Girish Kumar R/o Railway Qur.
No. 1236-A, Rly Colony, Ram Gunj, Ajmer, Rajasthan.
49. Prakash Parwani S/o Sh. Chandumal Parwani, R/o
Satguru Colony, Ajay Nagar, 40-A, Ajmer, Rajasthan.
50. Parveen Chand Rohlan S/o Sh. Kishan Lal Rohlan R/o
515/11, Ekata Nagar, C.R.P.F., Naka Madar, Ajmer,
Rajasthan.
51. Pati Ram S/o Sh. Aji Ram, Village Bhara, Post Andiyari,
Th. Roopvas Bharatpur, Rajasthan.
52. Praful Tarence Law S/o Sh. John Watson Law, R/o
948/01, Near Church Hall, Christian Gunj, Ajmer,
Rajasthan.
53. Prem Kumar Tejawat S/o Sh. Sua Lal Ji, R/o Gulab Gas
Agency Ke Piche, Rajeev Colony, Vishali Nagar, Ajmer,
Rajasthan.
54. Prem Prakash S/o Sh. Ram Sahai R/o Village Aashree
Pura, Bandi Kui, Dist. Dausaa, Rajasthan.
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55. Prem Singh S/o Sh. Kalyan Singh R/o Village Railway
Station, Kharba Th. Masuda, Ajmer, Rajasthan.
56. Rajendra Chouhan S/o Sh. Ram Prasad Chouhan R/o
1369/38, 4, Vigyan Nagar, Adrash Nagar, Gali No. 4,
Ajmer, Rajasthan.
57. Rajendra Singh S/o Sh. Trilok Singh R/o 856/15, Mandir
Wali Gali, Railway Hospital Ke Pass, Isai Mohalla, Ajmer,
Rajasthan.
58. Rajiv Srivastava S/o Sh. Swami Charan Srivastava, R/o
42, Kalpana Colony, Gaddi Maliyan Road, Ajmer,
Rajasthan.
59. Rakesh Verma S/o Sh. Nathu Lal, Rupahali Mohalla,
Deoliya Kalan, Bijainagar, Ajmer, Rajasthan.
60. Rakesh Kumar S/o Sh. Puran Lal, 443/30, Mayo Link
Road, Pratap Nagar, Ajmer, Rajasthan.
61. Ram Avtar S/o Sh. Bheemraj R/o Green park, Colony,
Ward No. 2, Bhandhi Kui, Th. Basva, Dist. Dausa,
Rajasthan, Dausa, Rajasthan.
62. Ramesh Chand S/o Sh. Ganga Ram R/o Ruru Dawara Ke
Pass, Parkash Road, Nagra, Ajmer, Rajasthan.
63. Ramesh Chand Khinchi S/o Sh. Rang Lal, R/o Ward 2,
Khinchi Mohalla, Badliya, Ajmer, Rajasthan.
64. Ramesh Sharma S/o Sh. Ram Chandra Sharma, R/o 7,
Alakh Nanda Colony, Behind, MPS School, Rati Dang,
Ajmer, Rajasthan.
65. Samson Michael S/o Sh. John Michael R/o 43/44, UIT
Colony, Prithvi Raj Nagar, Bhagwan Gunj, Ajmer,
Rajasthan.
66. Sanjay Pal S/o Sh. Bharat Bhushan Pal R/o 1746/30,
Madhav Kunj, Nagra, Ajmer, Rajasthan.
67. Sanjay Sharma S/o Sh. Jai Chand R/o 1928 K, Gautam
Nagar, Ajmer, Rajasthan.
68. Santosh Kumar Saini S/o Sh. Mata Din Saini R/o 31-Bg,
Behind Saraswati School, Vishnu Hill Town, Ajmer,
Rajasthan.
69. Santosh Kumar Sharma S/o Sh. Raj Narayan Sharma
R/o Behind Mukesh Tail Bhandar, Gopal Ji Ka Mandir,
Nagara, Ajmer, Rajasthan.
70. Satyanarayan Shrivastava S/o Sh. Kunwar Bihari Lal R/o
845/32, Dayal Pan Wale Bada, Shri Nagar Road, Ajmer,
Rajasthan.
71. Sharvan Kumar S/o Sh. Mohan Lal, R/o 298/40, New
Kesri Colony Balpura Road Nagar, Ajmer, Rajasthan.
72. Shekhar Sharma S/o Sh. Nawal Kishor Sharma R/o
Siddhart Colony, Plot No. 29-A, Ajmer Road, Jaipur,
Rajasthan.
73. Sunil Kumar S/o Sh. Mangi Lal Jaypal R/o Vill. & P.O.
Sardhana, Distt. Ajmer, Rajasthan.
74. Suraj Singh Parihar S/o Sh. Laxman Singh R/o A-38, Gali
No. 5, Prem Nagar, Foy Sagar Road, Ajmer, Rajasthan.
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75. Surender Singh S/o Sh. Man Singh R/o House No. 39,
Village Post Rajiyawas, Th. Beawer, Ajmer, Rajasthan.
76. Suresh Kumar Verma S/o Sh. Norat Mal Verma, Pani Ki
Tankiwala, Christian Gunj Rembal Road, Ajmer,
Rajasthan.
77. Suresh Panwar S/o Sh. Rameshwar Panwar R/o 513/21,
Nawab Ka Bera Diggi Bazar, Ajmer, Rajasthan.
78. Ved Prakash S/o Sh. Ramdeen R/o Near Railway Line,
Rajeev Colony, Narsingh Pura, Jons Gunj, Ajmer,
Rajasthan.
79. Vipin Purohit S/o Sri Nathu Lal Purohit R/o 1661/30,
Balupura Road, Nagra, Ajmer, Rajasthan.
80. Virender Kumar S/o Sh. Ram Chandra R/o 133/35,
Jhawar Jadughar Colony, Ajmer, Rajasthan.
81. You Well D S/o Sh. Emmanwel D R/o 241/25, Behind
Appu School, Christian Gunj, Ajmer, Rajasthan.
....Applicants
The petitioners are former temporary employees of Group 'D'
services from the four divisions namely- Jodhpur, Ajmer,
Bikaner and Jaipur which are within North West Railway
Headquarters, Jaipur of the Indian Railways.
Shri Virender Singh Griwan, counsel for the applicants.
VERSUS
1. Union of India through its Chairman, Railway Board,
Ministry of Railway, Rail Bhawan, New Delhi-110001.
2. The General Manager, North Western Railways, Jaipur-
302017.
.... Respondents
Shri Manu Bhargava, counsel for the respondents.
ORDER
Per: RANJANA SHAHI, JUDICIAL MEMBER The present Original Application has been filed by 81 applicants, who were engaged as Fresh Face Substitutes in Group 'D' vacancies in the year 2004 in pursuance to the NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 6 Circular RBE No. 136/2004. Some aggrieved persons approached Jodhpur Bench of this Tribunal challenging the same and denial of opportunity to them in engagement as Substitutes. The Jodhpur Bench of this Tribunal vide a common order dated 24.02.2005 passed in OA Nos. 238, 264 and 265/2004 declared the administrative action of the Railways arbitrary and violative of Articles 14 and 16 of the Constitution of India. The abovementioned order dated 24.02.2005 passed by Jodhpur Bench of this Tribunal was challenged before the Hon'ble High Court of Rajasthan, Jodhpur Bench, Jodhpur and the Hon'ble High Court dismissed all the writ petitions, (Civil Writ Nos. 4272/2005, 4273/2005 and 4274/2005) vide order dated 05.12.2007. Even the Review Petition (Writ Review No. 02379/2008) was dismissed by the Hon'ble High Court vide order dated 05.01.2009. The matter travelled to the Hon'ble Supreme Court vide Civil Appeal Nos. 5027-5029/2012 with Contempt Petition (C) Nos. 291-293/2016. The applicants' claim was finally decided and rejected by the Hon'ble Supreme Court vide order dated 20.09.2017 passed in Civil Appeal Nos. 5027-5029/2012 with Contempt Petition (C) Nos. 291-293/2016; following which vide circular dated 01.01.2018, (Annexure A/1), the respondents/North Western Railways while implementing the controversy finally decided by the Hon'ble Apex Court vide NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 7 order dated 20.09.2017, decided to terminate the services of the applicants.
2. Learned counsel for the applicants claims that there were about 1702 such Act Apprentices who were engaged by the respondents vide office order dated 30.08.2004 but only the present 81 applicants had been picked up to be terminated. Hence, the applicants have sought for the following reliefs: -
"i). Issue an order or direction to the Railway Board to prepare a consolidated list of such substitutes in every Railway Zone who were recruited on the same circulars/guidelines as were applicable in the case of applicants and also to include those substitutes who got regularized besides those who in temporary capacity;
ii) Issue an order or direction to declare the circular dated 01.03.2018 of NWR and 12.03.2018 of Railway Board as discriminatory towards the applicants;
iii) Issue an order on the admissibility of allowances to the applicants w.e.f. from 03.02.2018 till the Railway Board prepare the final consolidated list of all similarly placed substitutes who got engaged / recruited on the same circular of the Railway Board as is the case of the instant applicants.
iv) Pass any other order / relief/ directions which this Ld. Tribunal may deem fit and proper in the interest of justice in favour of the applicants.
3. On the other hand, Shri Manu Bhargava, Senior Central Government Standing Counsel, has raised preliminary objections that in the relief clause, the applicants have not challenged the circular dated 01.01.2018 (Annexure A/1) vide which the respondents have implemented the order dated NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 8 20.09.2017 passed by the Hon'ble Apex Court and took in- principle decision to terminate the services of Act Apprentices vide letter dated 30.08.2004 which had been held bad right from the Jodhpur Bench of this Tribunal upto the Hon'ble Apex Court. Learned counsel for the respondents has pointed out that the termination orders were separately issued but none of the applicants in the present O.A. have challenged their respective termination orders. Learned counsel for the respondents has stated that the services of the applicants were terminated way back in the year 2018 and they have approached this Tribunal in 2022.
4. We have heard both sides and also perused the record.
5. First of all, the applicants have failed to substantiate their allegations of discrimination on the ground that only these 81 Act Apprentices or Fresh Face Substitutes were terminated out of 1702 Act Apprentices. However, their claim also gets negated; as on perusal of Annexure R/4 order dated 06.09.2019 passed by Jodhpur Bench of this Tribunal, it has come to light that as many as 04 OAs (OA No. 47/2018 filed by 34 applicants, OA No. 48/2018 filed by 32 applicants, OA No. 49/2018 filed by 11 applicants and OA No. 50/2018 filed by 02 applicants) all Act Apprentices appointed along with the present applicants and their services terminated in pursuance NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 9 to the Hon'ble Apex Court's order dated 20.09.2017. Therefore, the contention made by the applicants that they were the only ones who were singled out and terminated, is false and was stated only to mislead this Tribunal. The whole application is based on the ground that the present applicants were the only ones who were picked up and their services terminated.
6. In the above mentioned 04 OAs (OA No. 47/2018, OA No. 48/2018, OA No. 49/2018 and OA No. 50/2018) filed by large number of applicants (detailed above), Jodhpur Bench of this Tribunal while deciding these OAs had made strong observations, extract of which are as follows;-
"8. xxxxx The Hon'ble Supreme Court, while adjudicating upon the Civil Appeals preferred at the instance of the applicants also noticed the said fact and in its order dated 20.09.2017 have observed that the applicants were well aware that their appointments were made when the Original Applications were pending before the Tribunal or when the Writ Petitions were pending before the Hon'ble High Court of Rajasthan, and those appointments were subject to the result of the litigation. The applicants even did not choose to file an application of intervention before the Hon'ble High Court. After the Union of India lost in the High Court and did not carry the matter further, the applicants herein had approached the Hon'ble Supreme Court and they were granted stay and continued on the basis of the said stay order. They knew that their fate depended upon the result of the litigation and after dismissal of their appeal by the Hon'ble Supreme Court on 20.09.2017, they cannot be permitted to continue in employment only because of the fact that they were permitted to continue due to interim orders. Even during the course of arguments before the Hon'ble Supreme Court, it was pleaded on behalf of the applicants that they may be permitted to continue in employment looking towards their working for more than 10 years. However, the said argument did not find favour with the Hon'ble Supreme Court and direction for continuance of the applicants herein in service was declined. It was clearly observed that keeping in view the services of the applicants for more than 10 years, the Hon'ble Supreme Court has already NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 10 issued a direction to railways to give them relaxation of age by deducting the period of service for which they have worked.
9. The learned counsel appearing for the respondents before the Hon'ble Apex Court submitted that the proposal for making selection on regular basis has already been sent to the Railway Board and after its approval, the process for making selection shall be finalised. He further submitted that candidature of the applicants will also be considered by giving them relaxation of age in terms of order dated 20.09.2017 passed by the Hon'ble Supreme Court.
10. In view of the finality of the issue pertaining to the rights of the applicants to allow to continue to work as fresh face substitute, which is specifically declined by the Apex Court, seeking the same relief by filing the present OAs, is nothing but a sheer misuse of the judicial process, which amounts to under- estimating the authority of the Apex Court. The applicants after having full knowledge about the final outcome of the Hon'ble Apex Court in the matter have approached before this Tribunal against their termination, which, in our view, is required to be rejected with exemplary cost for their intention to mislead this Tribunal in seeking the said relief of continuation on the post.
11. xxxxx As the matter attained finality before the Apex Court vide its judgment and order dated 20.9.2017, the applicants cannot come and question the termination notices dated 5.1.2018. The question of continuity of the applicants has already been considered by the Hon'ble Apex Court wherein in para-13, it has been observed that - "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."
In view of above, the applicants have no right to continue and their services are required to be terminated. It is a clear case of abuse of the process of court/law/fraud on court and therefore, the respondents pray for exemplary costs. XXXXX
12. This Tribunal at the time of considering the prayer of the applicants on interim relief elaborately discussed the matter and the interim relief prayed for by the applicants was rejected on 2.2.2018. Yet the applicants still wanted that this court should take adverse decision which on the very face of it should have been withdrawn by the applicants, but instead they still entered into litigation and wasted the valuable time of the court. Therefore, when the applicants did not come to the Tribunal with clean hands and tried to snatch an order on the basis of the grounds and footing presented by them, which should not have been done by them after passing of the order by the Hon'ble Apex Court as the said issue had attained its finality.
13. Though, it is a fit case for awarding exemplary costs considering the facts of the present case, but since the services of the applicants have been terminated and considering their financial aspect, we take a lenient view in the matter and do not order for any costs.
NATHU Digitally NATHU LAL signed by LAL KUMAWAT Reason: your KUMAW signing here reason AT Date: 2025.07.22 13:25:24+05'30' OA No. 316/2022 11
14. In view of above, the order passed by the respondents dated 5.1.2018 and the orders of similar nature of different dates, do not require any interference. All the OAs are accordingly dismissed with no order as to costs."
7. The above mentioned order was passed by Jodhpur Bench of this Tribunal on 06.09.2019; yet the present applicants have filed the present O.A. effectively seeking the same relief cleverly redesigning the prayer clause, is a clear abuse of the process of law. Even if for arguments sake, it was accepted that all the similarly situated Act Apprentices whose very engagement had been adjudicated as bad in law were allowed to continue while only some of them have been terminated, cannot give any right to the applicants to continue in the services / engagement. The applicants deserve imposition of exemplary costs. However, we are taking a liberal view; yet we cannot refrain from expressing that they should have been given a fair legal advice.
8. We can, however, not brush aside of one of the issues raised/prayer in the present O.A. that the Railway Board should have prepared a final consolidated list of all similarly situated Fresh Face Substitutes engaged in every Railway Zone in pursuance to the same engagement office letter dated 30.08.2004, which has been held bad in law but have been allowed to continue. Therefore, we direct respondent No. 1 i.e. Chairman, Railway Board, Ministry of Railway, Rail Bhawan, New Delhi to look into the above mentioned Digitally signed by NATHU NATHU LAL KUMAWAT LAL Reason: your signing reason KUMAW here Date: 2025.07.22 AT 13:25:24+05'30' OA No. 316/2022 12 allegation / submission made by the applicants in the present O.A. and verify the same and, accordingly, do the needful so that all the similarly situated Act Apprentices meet with the same fate in accordance with the final adjudication by the Hon'ble Apex Court vide order dated 20.09.2017 passed in Civil Appeal Nos. 5027-5029/2012 with Contempt Petition (C) Nos. 291-293/2016.
9. With these observations and directions, the present Original Application is disposed off. No order as to costs.
(LOK RANJAN) (RANJANA SHAHI)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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