Central Administrative Tribunal - Gauhati
Shri Haren Das And Ors vs N.F.Railway on 14 June, 2024
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application OA/040/0037/2022
HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
1.Sri Haren Das, S/o Manglu Das, Vill: Umananda, P.O.-
Kerpabhita, Dist: Kamrup (Assam), Pin- 781366.
2. Biren Ch. Boro, S/o Upen Ch. Boro Vill: Kalmani (Barkuria)
P.O.- itmbar Dist: Kamrup (Assam) Pin- 781354
3. Sri Maina Boro, S/o Upen Ch. Boro Vill: Sastrapara
(Batabari) P.O.- Murmela Dist: Udalguri BTC (Assam)
4. Sri Praneswar Boro, S/o Sani Ram Boro Vill: Sastrapara
(Batabari) P.O.- Murmela Dist: Udalguri BTC (Assam) Pin -
784521
5. Sri Nagendra Boro, S/o Lt.Lakhi Ram Boro Vill: Barigaon
P.O.- Ratanpur Dist: Udalguri BTC (Assam) Pin- 784523
6. Sri Anil Kalita S/o Lt. Arabinda Kalita Vill: Nizkhana P.O.
JalkhanaDist. Nalbari (Assam)
7. Sri Bhagi Ram Basumatary, S/o R. Basumatary Vill.
Khandikar(Ulubari) P.O.- Dhepargaon Dist. Baska BTC
(Assam)
8. Sri Mizing Brahma, S/o Haralal Brahma Vill Mizing Nwgwr.
W/ No. 5, P.O.- Kokrajhar Dist. Kokrajhar, BTC (Assam),Pin -
783370
9. Sri Ranjit Brahma, S/o Karuna Brahma C/o Naren Ch.
Boro Vill: Singimari(Dhulabari) P.O.- Bogpuri (Khoirabari)
Dist: Udalguri TC(Assam) Pin- 784522
10. Sri Radheshyam Mandal S/o Harekrishna Mandal C/o
Late Haricharan Sutradhar Vill: Hindugaon, W/No 2 P.O.-
Rangapara Dist: Sonitpur(Assam) Pin- 784505.
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11. Sri Jogindra Pasi, S/o Sashindra Pasi C/o Rameswar Rai
Vill Satgaon near Binapani P.O. Udayan Vihar Dist: Kamrup
(M) ,Assam Pin -781171
12. Sri Ramjit Das, S/o Sunanda Das C/o Birendra Sah Vill:
Noonmati Bye Lane No. 1 Masjid Road, house No.15 P.O.-
Noonmati Dist. Kamrup (M) Assam, Pin 781020
13. Sri Lohit Ch Boro, S/o Bhulo Ram Boro C/o Sujan Narzary
Vill. No. 2 Milanpur P.O.- Patgaon Dist. Kokrajhar BTC (Assam)
Pin- 783346
14. Sri Manteswar Boro, S/o Aba Ram Boro C/o Uttam
Narzary Vill Ranighat P.O. Simbargaon Dist. Kokrajhar BTC,
(Assam)
15. Sri Durga Ram Daimary, S/o Maya Ram Daimary Vill.
Hemdol, P.O.-Gopalpur Dist. Kamrup (Assam) Pin- 781354
16. Sri Monoranjan Deory, S/o Bhuban Deory Vill Karnachara,
P.O.- Hudukhata Dist. Baksa, BTC Assam Pin-781318
17. Sri Sanjib Boro, S/o Bhanu Boro C/o Niranjan Narzary
Vill- Phuthaigaon (Salbari) P .O.- Aflagaon
Dist. Kokrajhar, BTC (Assam)
18. Sri Pradip Kr. Boro, S/o Banshidhar Boro Vill. Chapra P.O.
Madhapur,Barama Dist. Baska BTC (Assam)
19. Sri Upen Narzary, S/o Hadang Narzary Vill Tenapar, W/
No. 5 P.o. Kokrajhar, Dist. Kokrajhar, BTC (Assam) Pin
783370
20. Sri Tarun Ch. Boro, S/o Bimal Boro C/o Khagen Ch Boro
Vill Balahati, Chutiapara, P.O. Gurmow via Goreswar Dist.
Baksa, BTC (Assam) Pin-781366.
21. Sri Ramesh Ch. Ramchiary, S/o N. Ramchiary Vill Maripur
P.O. Rampur Dekapara Dist. Barpeta (Assam) Pin: 781375
22. Sri Ram Nath Pathak, S/o Dindayal Pathak C/o Dhiren Ch.
Pathak Vill. Rangia BT College W. No. 5, P.O.- Rangia Dist.
Kamrup, Assam Pin- 781354
23. Sri Goapl Basumatary, S/o Bijoy Basumatary Vill Kargaon
P.O.- Kargaon Dist. Kokrajhar BTC (Assam) Pin- 783370
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24. Sri Ranjit Swargiary, S/o Baliram Swargiary Vill
Karnachara P.O.- Hudukhata Dist. Baksa BTC ( Assam) Pin-
781318
25. Sri Ratna Kt. Boro, S/o Jadav Ch. Bor Vill Maldangpara,
W/No. 5 P.o.- Kokrajhar Dist. Kokrajhar BTC (Assam) Pin-
783370
26. Sri Nirmal Kr. Brahma, S/o Sarbeswar Brahma C/o
Ramesh Ch. Boro Vill Jharkona 5, P.o.- Betna Via Goreswar
Dist. Baksa BTC (Assam) Pin- 781366
27. Sri Sunil Ch. Boro, S/o Khargeswar Boro Vill Dhulabari
(Singmari) P.O.- Khoirabari (Bogpuri) Dist. Udalguri BTC
(Assam) Pin- 784522
28. Sri Rabin Daimary, S/o Sri Bhuban Daimary Vill. Balahati
Chutiapara P.O. Gurmow via Goreswar Dist. Baksa BTC
(Assam) Pin- 781366
29. Sri Pradip Boro, S/o Lt. Raja Ram Boro Vill Uttar
Murmela P.O. Murmela Dist. Udalguri BTC (Assam), Pin-
784521
30. Sri Talik Ch. Boro, S/o Lt Jali Ram Boro C/o Karuna Kt.
Basumatary Vil Nizbetna P.O. Kerpabhita Dist. Baksa BTC
(Assam), Pin- 781366.
31. Sri Gopinath Goswami, S/o Lt. Sushil Goswami Vill
Satbainir, P.O. Kalahbhanga Dist. Barpeta (Assam) Pin-
781313.
32. Sri Ramen Brahma, S/o Manilal Brahma, C/o Soneswar
Brahma, Vill- Betna Dompara, P.O.- Betna, Dist. Baksa BTC,
(Assam) Pin-781366
33. Sri Mantu Debnath, S/o Lt. Iswar Debnath, Vill- Grandlan
Bagisha, P.O. Barbagan, Dist. Darrang (Assam) Pin- 784190
34. Sri Bishnu Talukdar, S/o Tarani Talukdar, C/o Brajen
Boro, Vill - Khudra Hazara, P.O.- Bhomalahati, Dist. Kamrup
(Assam) Pin- 781121
35. Sri Niranjan Das, S/O Nakul Das, Vill- Kalabhanga, station
Road, P.O- Kalabhanga, Dist-Barpeta, Assam, Pin-781315
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36. Sri Hemanta Rajbongshi, S/O Rajen Rajbonshi, Vill-
Kajipara, P.O.-Kajipara, Dist Nalbari, Assam, Pin-781341
37. Sri Haralal Brahma, S/O Biren Brahma, C/O Maneswar
Braham, Vill.Jhugri Para(Daruga Khat), P.O.Bogpuri
(Khoirabari), Dist. Udalguri BTC(Assam), Pin:784522
38. Sri Jyotish Das, S/o Nrigendra Das, Vill: Puspakpur, P.O.-
Milanpur, Dist: Nalbari (Assam).
39. Sri Guddu Kr. Singh, S/o B/ Singh, C/o Birendra Sah,Vill:
Noonmati Bye Lane -1, House No. 15, P.O.- Noonmati, Dist:
Kamrup (M) (Assam)
40. Sri Anjan Barman, S/o Dharani Kt. Barman, Vill: Uttar
Kalahbhanga, P.O.- Barpeta Road Dist: Barpeta (Assam), Pin-
781315.
41. Sri Gopal Acharjee, S/o Satish Acharjee, Vill-Station Road,
Kalabhanga, P.O.- Barpeta Road, Dist: Barpeta (Assam) Pin-
781315
42. Sri Babul Ch. Boro, S/o Sadhi Ram Boro, Vill: Dhulabari,
P.O.- Khoirabari, Dist: Udalguri BTC (Assam), Pin- 784522
43. Sri Purna Ram Basumatary, S/o Kula Ram Basumatary,
Vill: Kuhiarkuchi, P.O.- Khoirabari, Dist: Udalguri BTC(Assam),
Pin- 784522
44. Sri Sankar Nath, S/o Dharmeswar Nath, Vill: Gurimara,
P.O.- Chengnoi, Dist: Nalbari (Assam), Pin- 781355
45. Sri Rupen Boro, S/o Ramesh Boro, Vill: Kalmani Barkuria
, P.O.- Pitambar, Dist: Kamrup (Assam), Pin- 781354
46. Smt. Gwjwnlai Basumatary, D/o J.C. Basumatary, C/o
Madhabi Boro Vill: Singimari (Dhulabari), P.O.- Khoirabari,
Dist: Udalguri BTC(Assam), Pin- 784522
47. Smt. Joymati Boro, D/o Lt. Umesh Boro, C/o Sunil Ch.
Boro, Vill: Singimari P.O.- Khoirabari, Dist: Udalguri BTC
(Assam), Pin- 784522
48. Sri Prafulla Gayary, S/o Amar Gayary, Vill: Simulibari
(Arangpar), P.O.- Khoirabari, Dist: Udalguri BTC, (Assam),
Pin- 784522
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49. Sri Sanjit Seal, S/O Rajani Kanta Seal, Vill. Surjya Nagar,
Barpeta Road, P.O. Barpeta Road, Dist. Barpeta (Assam),
Pin:781315
50. Sri Naresh Rai, S/O Anandi Rai, C/O Kamalesh Kr.
Poddar , Vill. Shitalabari, RLY.Colony, Qrs. No.700/c, P.O.
Bamunimaidan Dist. Kamrup(M),(Assam) Pin:781021
51. Sri Monoj Rai, S/O Ram Adhin Rai, C/O Birendar Sah, Vill.
Noonmati Bye Lane No.1, House No.15, P.O. Noonmati, Dist.
Kamrup (M) (Assam) Pin: 781021
52. Sri Upendra Thakur, S/O Ram Lakhan Thakur,C/O Ram
Lakhan Rai Vill. Satgaon Binapani Hindi School, Kochpara,
P.O.Udayan Vihar, Dist. Kamrup (Assam), Pin:781171
53. Sri Mohan Rai, S/O Ram Lagan Rai, C/O Okhil Prasad
Chaudhury, Vill. Satgaon Rly. Gate, P.O. Udayan Vihar, Dist.
Kamrup (Assam) Pin:781171
54. Sri Hari Chandra Roy, S/O Late Mahesh Roy, C/O Birendar
Sah, Vill. Noonmati Bye Lane No. 1, P.O. Noonmati, Dist.
Kamrup(M), (Assam),Pin:781020
55. Sri Dilip Kr. Yadav, S/O Phulchand Yadav, C/O Ramu
Chauhan, Vill. Rly.Colony Bamunimaidan, Qr. No. 306/C,P.O.
Bamunimaidan, Dist. Kamrup (M) (Assam), Pin:781021
56. Sri Jitendra Rai, S/O Lt Nandu Rai, Vill. Amsing, Jorabat,
P.O. Satgaon, Dist. Kamrup (M), Assam, Pin: 781021
57. Sri Gautam Baruah, S/O Bhagaban Baruah, C/O Mukesh
Kr. Yadav, Vill. Dewan Patty Road, Fancy Bazar, Near Rani
Sati Mandir, P.O Fancy Bazar Dist. Kamrup, (Assam), Pin.
781001
58. Sri Gautam Barman, S/O Lakhi Barman, Vill. Barkura, P.O
Nalbari, Dist. Nalbari, (Assam), Pin.781341
59. Sri Pinku Das, S/o Guna Das, C/o Haripada Debnath, Vill.
Bamunimaidan Rly. Colony, Qr. No.624/F,P.O
Bamunimaidan, Dist. Kamrup(M) (Assam)Pin.781021
60. Sri Dharmendra Boro, S/O Lt. Sarat Boro, Vill.&P.O
Tinipukhuri,Dist. Baksa BTC, (Assam), Pin-781366
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61. Sri Hitlar Koch, S/O Sitanath Koch, Vill. Amlaiguri ,P.O
Kashiabari, Dist.Kokrajhar BTC, (Assam) ,Pin.783360
62. Sri Panendev Sutradhar, S/O Kiran Sutradhar, Vill.
Hekaipara, P.O Chandrapara, Dist. Kokrajhar BTC (Assam),
Pin. 783370
63. Sri Himangsu Boro, S/O R.K.Boro, Vill. Kashkuri Pathar,
P.O Rampur Dekapara, Dist. Barpeta(Assam), Pin. 781375
64. Smt. Alishi Muchahary, D/O Soni Ram Muchahary, Vill.
Jamuguri, P.O Magurmari, Dist.Kokrajhar, BTC (Assam),
Pin.783370
65. Md. Surman Ali, S/O Mamtaj Ali, Vill. Ambari, P.O
Barkuliasesu Dist Dhubri (Assam), Pin.783330.
66. Sri Brajen Boro, S/O Lt.Dhandra Boro, Vill.
Simulibari(Arangapara), P.O Khoirabari, Dist. Udalguri,BTC,
(Assam) Pin. 784522
67. Sri Om Prakash Gupta, S/O L. Guptta, C/O Birendar Sah,
Vill.Noonmati, ByeLane1, HouseNo.15, P.O.Noonmati,
Dist.Kamrup, (Assam),Pin-781020
68. Md.Hussain Ali, S/O Muksed Ali, Vill.&P.O.-
kalahbhanga, Dist.Barpeta (Assam) , Pin.781315
69. Sri Haladhar Daimary, S/O Mahiram Daimary, C/O Lobo
Boro,Vill.Sastrapara, P.O. Murmela,Dist. Udalguri BTC,
(Assam), Pin.784521
70. Sri Biswajit Rramchiary,S/O Babul Ramchiary, C/O
Kaman Boro, Vill. Nizbetna, P.O. Kerpabhita, Dist. Baksa
BTC,(Assam), Pin.781366
71. Sri Arun Boro, S/O Sabi Ram Boro, C/O Minihang Boro,
Vill.Singimari, P.O. Khairabari, Dist. Udalguri BTC, (Assam),
Pin.784522
72. Sri Bhabananda Das, S/O Haricharan Das, Vill.Rampur,
P.O. Rampur Dekapara, Dist. Barpeta (Assam), Pin.781375
73. Sri Simanta Rabha, S/O Sita Ram Rabha, C/O Mridul
Rabha, Vill. Khoirabari, P.O. Khoirabari, Dist. Udalguri BTC
(Assam), Pin.784522
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74. Sri Gauri Shankar Sah, S/O Ram Chandra Sah, C/O
Jitendra Rai, Vill. Amsing Jorabat, P.O.Satgaon, Dist.
Kamrup(M)(Asaam), Pin. 781027
75. Sri Kabi Ram Muchahary (Tankeswar), S/O Umananda
Muchahary Vill. Nizbetna, P.O Kerpabhita, Dist. Baksa BTC
(Assam),Pin. 781366
76. Sri Mahesh kumar, S/O Suresh kumar, C/O Birendra Sah,
Vill- Noonmati, Bye Lane-1, P.O-Noonmati, Dist- Kamrup(M),
Assam Pin-781020.
77. Sri Haradutta Boro, S/O Kalicharan Boro, Vill. Balahati
Chutia Para P.O Gurmow Via Goreswar, Dist. Baksa
BTC,(Assam), Pin. 781366
78. Sri Nagindra Pd.Chaurisia, S/O Bindeswari Chaurisia,
C/O Sima Rai Vill. Dhirenpara, P.O Amabari Fatasil, Dist.
Kamrup (M)(Assam)Pin.781025
79. Sri Hari Charan Boro, S/O Nepat Boro, Vill. Balahati
Chutiapara,P.O. Gurmow via Goreswar, Dist.Baksa BTC
(Assam), Pin.781366
80. Sri Jayanta Boro, S/O Maheswar Boro,
Vill.&P.O.Khoirabari, Dist. Udalguri BTC(Assam), Pin.784522.
81. Sri Gwshar kr. Basumatary, S/O Babul Basumatary, C/O
Minihang Boro, Vill. Dhulabari, P.O. Khoirabari, Dist.
Udalguri BTC (Assam), Pin.784522
82. Sri Kumud Swargiary, S/O Baliram Swargiary, C/O
Lankeswar Boro, Vill. Dompara,P.O Betna, Dist. Baksa BTC
(Assam), Pin 781366
83. Sri Haricharan Das, S/o Lt. Suren Das, C/o Doba Ram
Boro, Vill Udmari, P.O.- Bogpuri, Dist. Udalguri BTC (Assam),
Pin- 784522
84. Sri Suresh Harizon, S/O Hamraj Harizon, C/O Lagandeo
Rai, Vill. Amsing Jorabat, P.O Satgaon, Dist. Kamrup
(Assam), Pin. 781027
85. Sri Kulajit Das, S/O Uddhab Das, Vill. Tapa, P.O Sarutapa,
Dist. Barpeta (Assam), Pin. 781352
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86 Sri Golap Narzary, S/O Khargeswar Narzary, Vill.
Bhalukjara, P.O Rainadaleri, Dist. Kokrajhar BTC (Assam), Pin.
783370
87. Sri Anil Boro, S/O Lt. Bijoy Boro, C/O Karuna Brahma,
Vill. Baganpara, P.O Baganpara, Dist. Baksa BTC (Assam), Pin.
781344
88. Sri Gaurab Sah , S/O Rambalak Sah, P.K.S. Store M.A.
Regal Place, P.O Paltan Bazar, Dist. Kamrup (Assam), Pin.
781008
89. Sri Manoj Pd. Chaurasia, S/O Bindeswari Chaurasia, C/O
Sima Rai, Vill. Dhiren Para Chariali Path, Bye Lane 2, House
No.2, P.O Ambari Fatasil, Dist. Kamrup (M), (Assam),
Pin.781025
90. Sri Ramgulam Rai, S/O Joy Rai, Vill- Dewan patti Road,
Near Rani sati Mandir,P.O-Fancy Bazar,Dist-
Kamrup(M),Assam, Pin-781001.
91. Sri Chandan Das, S/O Upendra Das, Vill. Bhakaribhita,
P.O Bongaigaon, Dist. Bongaigaon (Assam), Pin.783380
92. Sri Subodh Kr. Dubey, S/O Lt. Rajindra Kr. Dubey, C/O
Bijoy Pan Bhandar, Near Crown Hotel, Chandmari, Dist.
Kamrup (M), (Assam), Pin. 781003
93. Sri Birendar Sah, S/O Lt. Jagannath Sah, Vill. Noonmati
Bye Lane No. 1, house no.15, P.O Noonmati, Dist. Kamrup
(M),(Assam), Pin. 781020
94. Sri Dhananjay Boro, S/O Niranjan Boro, Vill. Nizdefeli,
P.O Nizdefeli Dist. Baksa BTC , (Assam) Pin. 781367
95. Sri Ganesh Roy, S/O Yogendra Roy, Jagiroad Rly. Qr. Near
Rly. Station, P.O Jagiroad, Dist. Morigaon (Assam)
96. Sri Rukma Rabha, S/O Haridhan Rabha, Vill. Moumang,
P.O Boko, Dist. Kamrup (Assam)
97. Sri Bikash Das, S/O Late Lakhiram Das, Vill. Pandu Nath
Basti P.O Pandu, Guwahati, Dist. Kamrup (Assam), Pin.
781012
98. Sri Jayanta Kalita, C/O Krishna Kanta Das, Vill. Pandu
Sadilapur, P.O Pandu, Dist. Kamrup (Assam), Pin. 781012
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99. Sri Durga Rajbhar, S/O Lt. Mahesh Rajbhar, Jagiroad
Railway Colony, P.O Jagiroad, Dist. Morigaon (Assam),
100. Sri Amarjeet Paul, S/O S.R.Paul, C/O Ranjit Kumar Dey,
Loco Colony, Lumding, P.O Lumding, Dist. Nagaon (Assam)
101. Sri Anjali Das, D/o Late Baliram Das, Vill. Pandu Nath
Basti, P.O Pandu, Dist. Kamrup (Assam), Pin. 781012
102. Sri Paban Das, S/O Dijen Das, Vill. Pandu Sadilapur,
P.O Pandu Dist. Kamrup (Assam), Pin. 781012
103. Sri Jagananda Saikia,S/O Thokeswar Saikia, Vill-
Puronibolai, P.O-Natun Bolai, Dist-Dibrugarh, Assam, Pin-
785676
104. Sri Deba Prasad Phukan, S/O Budheswar Phukan, Vill.
Laipalang, P.O Hologuri, Dist. Sibsagar (Assam), Pin. 785673
105. Sri Dhiren Das, S/O P.K. Das, C/O Moniram Das, Vill.
Padumbori, P.O Gotanagar, Via Maligaon Post Rly.Ofice,
Dist.Kamrup(Assam)
106. Sri Satyajit Gogoi, S/O Thaneswar Gogoi, C/O Krishna
Kanta Das Vill. Pandu Sadilapur , P.O Pandu, Dist.
Kamrup(Assam), Pin. 781012
107. Sri Ramesh Garh, S/O Lt. Gobin Garh, Vill. Dimow
Raichai Gaon P.O Konwar Dihingia, Dist. Sibsagar Assam), Pin.
785661
108. Sri Kulen Ch. Das, S/O Lt. Monomohan Das, Vill. Pandu
Sadilapur, P.O Pandu, Dist. Kamrup(Assam), Pin. 781012
109. Sri Baikuntha Konwar,S/O Lt. Ram Ch. Konwar, Vill.
Puyole Nagar, P.O Moranhat, Dist. Dibrugarh (Assam), Pin.
785670
110. Sri Dhaneswar Konwar, S/O Lt. Budheswar Konwar, Vill.
Kathal Garigaon, P.O Katha Guri Via Khowang, Dist.
Dibrugarh (Assam),
111. Sri Tulsi Gogoi, S/O Lt. Moheswar Gogoi, 2 No. Mautoni
VillageP.O Naharjan (Khowang), Dist. Dibrugarh (Assam)
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112. Sri Prakash Kr. Das, S/o Hemchandra Das, Vill Azara
Kalita Para P.O.- Azara, Pin-781017, Guwahati, Kamrup
(Assam)
113. Sri Apurba Das, S/o Late Lakhi Ram Das, Vill Pandu
Nath Basti P.O. Pandu, Dist. Kamrup (Assam), Pin 781012
114. Sri Keso Ram Phukan, S/o Hemadhar Sonowal, Vill
Purani Bolaigaon, P.O. Natun Bolai Gaon, Dist. Dibrugarh
(Assam), Pin 785676
115. Sri Lila Phukan, S/o Jogeswar Phukan, Vill Purani
Bolaigaon, P.O. Natun Bolai Gaon, Dist. Dibrugarh(Assam),
Pin 785676
116. Sri Nabin Boro, S/O Lt Jali Ram Boro,Vill and P.O -
Guwrmow, Dist-Baksa, BTC (Assam), Pin-781366
117. Sri Rupam Das,S/O-Bhagirath das, Vill- Pandu,
Sadilapur,Near Dipul Pranjit Path, P.O-Pandu,Dist-
Kamrup(M), Assam, Pin-781-12
118. Sri Dinanath Yadav, Vill. Azuri, P.O Amlighat, Via
Jagiroad, Dist. Morigaon,(Assam)
119. Sri Jugal Ch. Das, S/O Prafulla Das, C/O Ratul Bhadra
Kayastha, Vill- Maligaon Chariali, P/O- Pandu, Dist-
kamrup(M), Assam, Pin-781012
120. Sri Kushal Baishya, S/O Dhaniram Baishya, Vill- Dalibari,
P.O-Dadara,Dist-Kamrup(R)
121. Bibha Rani Kalita, D/O Satish Ch. Kalita,Vill/P.O -
Dadara, Dist-Kamrup(R)
122. Imul Hoque,S/O Azum Ali, Vill- Garigaon, Baruapara,
P.O- Garigaon, Dist-Kamrup, Pin-781012
123. Hari Bharali, S/O Bharat Bharali, C/O Kanak Ch. Das,
Vill-Rest Camp, P.O- Pandu, Dist-Kamrup (M), Pin-781012.
--Applicants
O.A. No/37/2022
11
Versus
1. Union of India,
represented by the General Manager,
N.F. Railway, Maligaon, Guwahati-11
2. The General Manager Construction
N.F. Railway, Maligaon, Guwahati-11
---Respondents
Present:
For applicant(s): Sri M. Chanda & Dr. G. J. Sharma
For respondents: Sri V. K. Bhatra, Sr. CGSC
Date of hearing: 22.05.2024 Date of Order: 14.06.2024
ORDER
PER DR. SUMEET JERATH, MEMBER(A):
The instant O.A has been filed by Sri Haren Chandra and 122 others, Ex-Casual Labourers engaged on various dates by N. F. Railway seeking the following relief:
"8.1. To set aside and quash the identical impugned orders dated 20.7.2020 as the respondents while proceeding to issue the impugned communication ignored the express directives passed by this Hon'ble Tribunal and proceeded to dispose of the claim of the applicant basing on issues which has already been settled by this Hon'ble Tribunal, as such the impugned communication having been so issued is in clear violation of the provisions of the Rules holding the field, directives as passed by this Hon'ble Tribunal and without there being any application of mind.
8.2. To direct the respondents to regularize the service of the applicants on the basis of the casual labour identity card which O.A. No/37/2022 12 were already declared to be genuine by the respondents as well as the Hon'ble Tribunal.
8.3. To direct the Respondents to appoint the applicants against Group-D posts as has been done in case of similarly situated employees.
AND/OR 8.4. Any other relief/reliefs that the applicants may be entitled to."
2. The factual matrix of the case as per the applicants is that they are Ex-Casual labourers having worked as Khalasi in various places and on various dates under the Alipurduar Division under N. F. Railways w.e.f. 1986 onwards. The applicants during their service tenure made request to the concerned authority for their conversion to regular employee and accordingly the concerned authority took up their cases for conversion to regular employee by conferring temporary status as per law.
However, the respondents discharged the applicants from their service. Even after such discharge the applicants continued to perform their duties with some artificial breaks. As per rules, the respondents are duty bound to maintain a Live Register of the casual and ex-casual O.A. No/37/2022 13 workers to provide work as per seniority.In the instant case the applicants are not being provided with regular works as per their seniority they have therefore approached the Tribunal on various occasions seeking redressal of their grievances. The Court on every occasion directed the respondents to consider the cases of the applicants. But the respondents went on rejecting the claims of the applicants again and again. Hence this application praying for a specific direction before this Hon'ble Tribunal towards absorption of the applicants under the railways in any group-D post.
3. The learned counsel of the applicants Sri M. Chanda argued strenuously and brought out the following:
That the applicants were serving in the Railways as project casual labour for different periods w.e.f. 1986 against ELR vacancy. Railway Board issued circular in 1987, 1992, 03.09.1996, 09.10.1998, 10.06.2006 for regularization of all the ex-casual labourers borne on live/supplementary casual labour list against regular vacancies. In terms of the said Railway Board Circulars, many ex-casual labourers were regularized. Some of the ex-casual labourers who were not considered approached this Tribunal by filling O.A No. 79/1996 and the Tribunal vide order dated 11.10.1999 directed the respondent to O.A. No/37/2022 14 consider the case of the applicants therein for absorption within a stipulated period. Pursuant to the order of the Tribunal, a screening test was held and list of the selected ex-casual labourers was published on 21.04.2000 and the railway authority absorbed the applicants of O.A No. 79/1996 and the case of the present applicants were left out.Being aggrieved they approached this Tribunal and as well as the Hon'ble Gauhati High Court.
That some of the applicants filed O.A No. 43 and 44 of 2002 and this Tribunal disposed of the said O.As on 01.05.2002 directing the applicants to file fresh representation setting out their respective claims. Accordingly, the applicants filed representation before the respondents and the same was disposed of by identical order dated 18.03.2004 rejecting their claim. Against the orders dated 18.03.2004, the applicants again approached this Tribunal by filing O.A. no. 336, 337 and 338 of 2004and the same was disposed of vide order 19.07.2005 allowed the O.A.s and directed as under:
"the respondents are directed to consider the case of the applicants ignoring the identity cards and based on their own records namely, the Xerox copies of the casual labour live register, the documents with reference to which the earlier written statements were filed and extracted hereinabove and to take a decision in the case of the applicants in all the three cases afresh within a period of four months from the date of receipt of this order."
Thereafter, respondents sent the entire matter to Forensic Department and held that the Casual Labour Cards produced by the applicants did not corroborate with the signatures of the applicants in the official records. Against the said decision the applicants again approached this Tribunal by filing O.A. no. 261, 262, and 263 of 2006 and the same was disposed of vide order dated 14.06.2007. Being aggrieved, the respondents approached the Hon'ble Gauhati High Court by filing WP(C) No. 6157 of 2007. The Hon'ble High Court by judgement dated O.A. No/37/2022 15 05.11.2008has been pleased to dismiss the writ petition of the respondents upholding the order dated 14.06.2007 of the Tribunal in O.A. no. 261, 262, and 263 of 2006. Thereafter, the respondents constituted a Responsible Committee and submitted its finding on 28.10.2009 stating that there is no ground/basis to consider their cases for their absorption in Railway service and rejected their case. Thereafter, the applicants filed another O.A No. 04/2010, 113/2010, 114/2010 and vide order dated 28.09.2010 the same was disposed of. In terms of the order dated 28.09.2010, a fresh committee was held but their case was rejected again. Aggrieved, applicants filed another case vide O.A no. 156, 177, 178 of 2011 and 96 of 2012 and the same was disposed of on 10.04.2014 directing the respondents to give opportunity to the applicants to produce their documents reflecting their engagement with the Railways as well as the names that appear in the department record namely, Xerox copies of the Casual labourer Live Register and consider the case of the applicant's for absorption in railway service keeping in view the target date of 31.03.1987 fixed by the Railway Authority. Thereafter, the respondents passed an order dated 16.10.2014 rejecting the claim of the applicants. The applicants filed another O.A again being No. 413, 424, 433, 434 of 2014 and 11 of 2015 which was disposed of vide order dated 31.05.2016. However, the respondents again raised the issue of res judicata. Another O.A No. 286/2016 was also filed, which was disposed of on 18.08.2016 and thereafter, the respondents passed an order dated 05.09.2018. Against the said order dated 05.09.2018, applicants filed another O.A 417/2018 and this Tribunal vide order dated 06.03.2020 directing the respondents once again to consider the cases of the applicants and come up with details speaking order indicating clearly the entire process gone through by them in considering of the applicants as directed vide this Tribunal order dated 31.05.2016 in O.A. Nos. 413, 433, 434, 424/2014 & O.A. No. 11 of 2015 and to complete the O.A. No/37/2022 16 exercise within a period of four months from the date of receipt of the order. Thereafter, a speaking order was passed on 20.07.2020 rejecting the claim of the applicants, stating that Railway Board's letter dated 04.03.1988 which provides for the open line Casual Labour who were discharged prior to 01.01.1981 to submit application for considering inclusion of their names in the Supplementary Casual Labour Register on or before 31.03.1987 and that the name of the applicants could have been considered if they had applied for such registration within the stipulated time and the same cannot be dispensed with now. It has been further mentioned that the matter is more than 30-35 years old as such there is no bonafideness existing in the present claims of the applicant at this distant date.
That the Railway Board's letter dated 04.03.1987 is not applicable in the case of the applicants as it is in respect of those ex- casual labourer who were in service as on 01.01.1981 and later discharged, they were given an opportunity to submit application within 31.03.1987 to continue to be borne in the live casual register. But in the case of the applicants they were already in service as on 04.03.1987 or on the date of the Railway Board Circular dated 11.09.1986 or on the target date of 31.03.1987, as such their names automatically ought to be included in the supplementary/live casual register. The existing of name of the applicants in the supplementary/live casual register is clearly evident from para 15 (page 245 of the O.A) of the judgement dated 05.11.2008 of the Hon'ble Gauhati High Court in WP(C) No. 6157/2007. The fact of the engagement of the applicants before the target date of 31.03.1987 has also been observed by this Hon'ble Tribunal at para 26 of the order dated 31.05.2016 in O.A. No. 413, 424, 433, 434 of 2014 & 11 of 2015.
O.A. No/37/2022 17 That, the respondents have also admitted at para 5 of the writtenstatement about Railway Board's letter dated 03.09.1996 whereby an action plan had been drawn to ensure absorption of all casual labourers of the Railway so far their name were kept in the Live Casual Labour Register and Supplementary live casual labour Register and that the mass drive was launched by the Railway Administration for those casual labour in the Live Casual Labour Register and Supplementary live casual labour Register who were earlier at any time was engaged by the Railway. From such statements also it is clearly evident that there is no restriction for engagement prior to 01.01.1981 and the expression used is 'earlier at any time was engaged.' That, it is reiterated that in O.A. no. 156, 177, 178 of 2011 and 96 of 2012 the railways had taken the stand that even the Xerox copies of the Live Register was not available with them and the Tribunal by order dated 10.04.2014 directed for consideration of the case of the applicants on the basis of the documents furnished by the applicants and the decision has attained finality and the matter is no more res integra.
That, however, respondents vide their order dated 03.04.2023 stated that the namesof the applicants are not in the Live Casual Labour List. Thereupon the counsel for the applicants with the liberty of this Hon'ble Tribunal furnished the extract of the Live Casual Labour List with the names of the applicants therein, upon the counsel for the respondents. But the respondents on 19.07.2023 produced before this Tribunal one Communication dated 14.07.2023, whereby Dy. CPO/C/MLG has communicated the names of 47 persons claiming to be the applicants in this case whose names were found in the Live Casual Labour List, but none of them are applicants which has also been observed by the Tribunal in the said order dated 19.07.2023 and the said Communication dated 14.07.2023 was not accepted by the Tribunal.
O.A. No/37/2022 18 That, finding of the names of the applicants in the Live Register maintained by the Respondents or comparing the Xerox copy provided by the applicants with any original in the Railway department is a futile exercise as no such record is maintained by the Railways, which has already been established by the aforesaid order dated 10.04.2014 in O.A. no. 156, 177, 178 of 2011 and 96 of 2012. In this regard it is the settled position of law of the Hon'ble Gauhati High Court that once there is a direction for consideration, subsequent litigation is in narrow campus (2008) 1 GLT 306]. In view of the said judgement there is no scope for any fresh comparison with the railway records of Live Casual Labour Register as no such register exists, and the cases of the applicants are to be considered on the basis of the documents provided by them i.e. the extract of the Live Casual Labour List submitted by the applicants on 03.04.2023.
That, applicants have spent more than 20 years in litigation but have not received any favourable consideration inspite of direction of the Hon'ble Tribunal and the High Court. As such there is no scope for delay in their case. Genuineness of their case has also been decided by order dated 10.04.2014 in O.A. No. 156, 177, 178 of 2011 and 96 of 2012 and the same is no more res integra.
The respondents have stated that the applicants did not avail the opportunity of enlisting their name in the Live Casual Labour Register/Supplementary Casual Register, however, they have suppressed the fact that the names of the applicants are already existing in the Live Casual Labour Register/Supplementary Casual Register as already stated above.
Hence, Sri M. Chanda, learned counsel for the applicant has submitted that the issue for absorption in the O.A. No/37/2022 19 instant case is no more res integra, it is only for the respondents now to pass order of absorption.
4. However, the learned of the Respondents Mr. Bhatra, Sr. CGSC, vehemently opposed the claim of the Applicants and argued vociferously bringing out the following:
That O.A. Nos. 281/2005, 261/2006, 262/2006 & 263/2006 were filed before this Tribunal and vide judgement dated 14.06.2007, this Tribunal passed order to thoroughly scrutinize all the available records of the Applicant by responsible committee constituted by the Respondents with Sr. Officers by giving personal hearing to each individual and pass appropriate Orders and communicated the same to the Applicant within 4 months. Thereafter, the Railways filed a Writ Petition No. 6157 of 2007 before the Hon'ble High Court of Gauhati and the Hon'ble High Court vide judgement dated 12.11.2008 upheld the Orders of the Tribunal dated 14.06.2007. The respondents submitted a report dated 28.10.2009 of Screening committee constituted for the purpose of scrutinizing the available records by giving personal hearing.
That in the O.A. No. 114/2010, the Tribunal vide order dated 28- 09-2010; directed to constitute a fresh committee for the purpose of scrutinizing the documents as per para 12 which was complied with.
The Tribunal in its order dated 10.04.2014 had passed Order directing the Railway to give opportunity to the Applicants to produce their appearance in the department's record namely, Xerox copies of the Casual Labours Live Register and consider the case of the Applicants for absorption in the Railway Service Keeping in view the target date of 31.03.1987 fixed by the Railway Authority. The same O.A. No/37/2022 20 was complied with by submitting report dated 26.09.2014 of the Screening Committee constituted for the purpose of scrutinizing the documents submitted by the Applicants of the O.A. No. 156, 177, 178, 287 of 2011 & 96 of 2012 & 2016 of 2014 as per the Order dated 10.04.2014 & 19.06.2014 as well as the proceedings communicated on 15.10.2014.
That in the O.A. No. 040/206 of 2014 dated-19.06.2014, the order of the Tribunal was complied with by constituting another Screening Committee for the purpose of scrutinizing the documents. The Screening Committee's Report dated 26.09.2014 was considered.That the order of the Hon'ble CAT/GHY's judgment dated 10.04.2014 and 19.06.2014 in the O.A. No. 156, 177, 178, 287 of 2011 and 96 of 2012 was complied by the Screening Committee's Report dated 26.09.2014 as well as the proceedings communicated on 15.10.2014 as per the office record.That in the O.A. No. 040- 00342/2014; again Screening Committee was constituted for the same purpose and the Screening Committee's Report was issued on 31.01.2015.
That the Order dated 06.03.2020 passed in O.A. No. 417 of 2018, considering the judgment and Order dated 31.05.2016 in O.Α. No. 413, 433, 434, 424 of 2014 and 11 of 2015, considering all the facts and materials on record as well as the Rules and instructions with regard to Casual Labours prevalent at that time, the claims were looked into and verified and it is found that the claim for absorption of the Applicants in Railways cannot be considered and hence, it was rejected by way of a Speaking Order dated 20.07.2020, it is humbly further submitted that, there is neither any infirmity nor any illegality in the Speaking Order in as much as the same has been passed with due application of mind after considering the available proved records.
O.A. No/37/2022 21 Learned counsel for the respondents further drew attention to Written Statement to contend that-
In the year 1987 the Railway Board vide Letter No. E(NG)/II/28/CL/2 dated 04.03.1987 provided an opportunity to call ex- casual labours engaged with the NF Railways for enlistment of their names in the supplementary/live casual labourers register. For the aforesaid purpose all the casual labourers were asked to submit their application within 31.03.1987 so that their cases can be examined, scrutinized and considered by the administration for taking further necessary action. Accordingly, the casual labourers who worked for the N. F. Railway Administration, but could not for certain reasons be absorbed/ re-engaged in the establishment earlier after observing all formalities of norms, rules and laws were considered on receipt of their applications following all the norms in the Live Casual Register/Supplementary Casual Labours Register.
That the Applicants are now claiming after a lapse of about 34years that they had worked in the Railway Organization as casual labourers in its construction wing. But to the utter surprise as to why they had not enrolled their names for their re-engagement/absorption therefore it is crystal clear that they had not at all served the Railway Organization during the material period that has been mentioned in the instant application in as much as their names were not found on record in any of the documents available with the Respondents.
That it is submitted that, the matter is more than 30-35years old as such there is no bona-fideness appears to exist in the present claim of the Applicants at this distant date. However, considering all the facts and materials on record as well as the Rules and instructions with regard to casual labours prevalent at that time, the claims were looked into and verified and it is found that the claim for absorption of O.A. No/37/2022 22 the Applicants in Railway cannot be considered and hence it was rejected by way of a Speaking Order dated 20.07.2020. It is humbly further submitted that, there is neither any infirmity nor any illegality in the Speaking Order in as much as the same has been passed with due application of mind after considering the available proved records.
That it is further submitted that, all the Applicants did not avail the opportunity of enlisting their names in the live/supplementary casual labours register within the target date 31.03.1987 fixed by the Railway Board and for that reason also the Applicants could not be recommended for absorption in the Railway.
There was no representation/application from the Applicants and no application for absorption/regularization of casual labourers is pending with the Railway Administration. That, the Applicants never made any representation at that time to any of the Competent Railway Authorities, so far the record are available in regard to entertaining and examining their claims. The genuineness of the records produced by the Applicants are hereby denied.
Respondents suo-moto took necessary steps in the matter by constituting a Committee of responsible officials to verify/scrutinize the documents so far available and to ensure genuineness of the photocopies of the discharge certificates produced by all the Applicants in support of their claim for re-engagement. The burden lies on the Applicant to substantially prove the genuineness and authenticity of the documents annexed with names alleged to have been maintained and they are bound to disclose the source of the document from where and how it has been obtained.
That it is humbly submitted that, the instant O.A. is barred by the Principle of Res-Judicata in as much as the matter in issue has already been adjudicated and decided in earlier OAs mentioned herein above.
O.A. No/37/2022 23 Sri V.K. Bhatra, Learned Sr. CGSC for the respondents in view of the above submissions has therefore prayed for dismissal of the O.A.
5. Heard the learned counsel of both the sides and examined the documents on record. There have been multiple rounds of litigation in this case since 2002; orders passed by the Tribunal and Judgement given by Hon'ble Gauhati High Court. The main argument of the learned counsel for the applicants is that the matter is no more 'res integra' - it is only for the respondents to now pass order of absorption. The applicants are casual labourers who have worked in various places and at various times under the Alipurduar Division of N. F. Railways have their names in the Live Register but have been denied 'Temporary status' and regular absorption in Group D post despite the order of Hon'ble Gauhati High Court in WP (C) 6157 of 2007 in their judgement dated 05.11.2008, which is as follows:
"
O.A. No/37/2022 24 "5. Earlier to the above-mentioned OA's the respondents herein had preferred OA No.259/02, CA No.43/02 and 44/02 before the learned Tribunal. The learned Tribunal had disposed of the abovementioned OAs directing the applicants therein to make representations setting out their respective claims. The said applications were rejected by the railway on 18.3.2004 holding that the genuineness of their casual labour card could not be established resulting in preferring three numbers of OA's being 336/2004, 337/2004 and 338/2004 which had also culminated in dismissal as mentioned in the preceding paragraph.
6. The claim for regularisation and/or seeking temporary status in Group-D posts under the Railway relates back to the years 1987, 1992 and 1998 whereby opportunity were provided to all ex- causal labourers engaged with N.F. Railway for enlistment of their names in the Supplementary/Live Casual Labour Register and accordingly were asked to submit application within 31.3.1987. In order to enable the Railways to consider their respective claims. Accordingly, list of ex-casual labour was prepared, by the Railway on 1.2.87 wherein the name of the applicants in OAs and respondents in the writ petition appeared. But it could not be ascertained as to whether their cases were considered by the Railway for giving the benefit of temporary status since no pleadings are available in the writ petition.
7. Thereafter the Railway Board launched a special drive vide Board's letter No.NG/11/98/CL/32 dated 9.10.1998 for regularisation of all the Ex-casual labourers borne on Live/Supplementary Register against regular vacancies and accordingly all the ex-casual labourers were regularised. In the Railway Board letter dated 9.10.1998 under the caption of special O.A. No/37/2022 25 drive the ex-casual labourers borne on Live/Supplementary Register" was not considered though the list of all the ex-casual labourers borne in the Live/Supplementary Register was available before the Railway vide communication dated 17.7.95 resulting in preferring O.A. No.79/1996 before the learned Tribunal and accordingly they were absorbed and the respondents herein were left out to the reasons best known to the respondents authority though the learned Tribunal had repeatedly directed to consider their cases according to Live/ Supplementary Register if their names borne in the said register which the railway did not consider and, the repeated litigation continued before the learned Tribunal and against the order dated 14.6.2007 passed analogously by the learned Tribunal, the Railway has approached this Court by way of this writ petition seeking setting aside the order dated 14.6.2007. xx....xx.....xx.....xx xx...xx....xx...xx
13. Considered the submissions made by the counsel of the respective parties. Perused the judgment under challenge alongwith the pleadings of the parties and the affidavits filed by the respondents. The order dated 10.12.2007 passed In W.P(C) No.6201/2007 (Supra) would show that the writ petitioners therein were ex-casual labourer, who worked during 1977-80 and thereafter their services were not replaced on the ground that there was no work available for replacement of their service. However, In the year 1987 the Railways issued a circular pursuant to a direction issued by the Supreme Court holding that casual labourers who worked as Project Casual Labourers before 1.1.1981 and discharged for want of further works due to completion of work to make representation on or before 31.3.1987 for the purpose of inclusion of their names in the seniority list which was to be prepared pursuant to the order of the Apex Court. The writ O.A. No/37/2022 26 petitioners did not avail the opportunity of the above-mentioned circular and became vigilant only from December, 2000 and kept on making representations which did not yield any result and ultimately approached the learned Tribunal being O.A. No.48/2005. The Tribunal rejected the applications holding that the application was made beyond the period stipulated in Section 21 of the Administrative Tribunal Act, 1985 which bars entertaining any application beyond the stipulated period. However, while rejecting the application the Tribunal made observation that the respondent may consider representations of the applicants, in view of the fact they were working during the period 1977-1980. The employees took the advantage of the aforesaid observation so made and filed the representations which was rejected on 18.8.2005 and the petitioners once again approached the Tribunal being O.A. No.229/05. The Tribunal passed an order directing the applicants to file appeals/representations against the impugned orders before the respondent No.2 pointing out the illegalities in the impugned order within a period of one month from the date of the order making it clear that if any appeal/ representation is filed by the applicants, the 2nd respondent will dispose of the same in accordance said order within a period of three months thereafter further directing the respondents to pass a reasoned order with reference to records. Thereafter the respondent passed a speaking order on 24.2.2008 rejecting the claim of the applicants. Against the said rejection order dated 24.2.2006 the applicants once again approached the Tribunal being O.A. No.75/2006 which also stand dismissed vide order dated 4.10.2007 and hence the writ petition being W.P(C) No.6201/2007 (Supra) was filed which was dismissed being barred by limitation which is not the case in hand in the Instant writ petition.
O.A. No/37/2022 27
14. In the Instant case, the applicants In O.A. No.79/96 were absorbed In Group-D post and consequently thereupon the respondents herein approached the Tribunal whereby the Tribunal directed the Railway to consider the case of the respondents but the same was rejected by the Railway. Thereafter, the respondents herein once again approached the Tribunal and the Tribunal directed to consider the case in the light of Live/Supplementary Live Casual Labour Register, if their names were borne in the said Register, which was not done by the Railway. The materials placed before the court do not indicate the action if any, has been taken by the writ petitioners/Railway and therefore the Tribunal has successively directed to consider the cases of the applicants in accordance with the Live/Supplementary Live Casual Labour Register which was/has not been done by the Railway and therefore it cannot be construed that the instant case is covered by the decision rendered by this court on 10.12.2007 In W.P. (C) No.6201/2007. Moreover, the writ petitioner has not questioned the legality and validity of the Live/Supplementary Live Casual Labour Register maintained by the office of the Railway dated 1.2.1987 and 17.7.1995. In absence of legality of the said live registers being in question the Court is of the opinion that Live/Supplementary Live Casual Registers are maintained by the writ petitioner but has not acted upon the same which is reflected in the judgment under challenge.
15. Admittedly the learned Tribunal disposed of the case being Ο.Α. Νο.79/96 and the Railway absorbed the applicants therein in Group-D post: and accordingly, the respondents herein have claimed the benefit of the judgment and this Court after going through the Judgment under challenge has no hesitation to hold that they are entitled to get the benefit of the judgment, more so, O.A. No/37/2022 28 when in the additional affidavit filed by the applicants in O.A. No.281 of 2005 annexing correspondences of the communication dated 1.2.1987 and 17.7.1995 wherein the name of the applicants are made available in Live/ Supplementary Live Casual Labourers Registers mentioned by the Railway. In case of O.A. No.261/06, O.A. No.262/06 and O.A. No.263/2000 the additional affidavit filed would show that the name of the applicants were verified by the officers of the Railway on 18.3.2004 and found correct and therefore their claim for consideration by the responsible committee cannot be denied as order by the Tribunal.
16. We have carefully considered the decisions cited by the counsel appearing for O.A No. 281/05 and reported in (1990) 4 SCC 13 (Supra) and (1997) 8 SCC 7212 (Supra), wherein the Apex Court has held that the benefit of the Judgment, to other similarly situated must be given even if there is delay in approaching the court/tribunal. The case in hand, according to us is squarely covered by the decisions of the Apex Court."
The respondents -N.F. Railway authorities have not gone in appeal against their judgement passed by the Hon'ble Gauhati High Court on 5th November, 2008 in the Hon'ble Apex Court and thus they are bound to abide by this order as per the cardinal principle of estoppel in law. The Hon'ble Gauhati High Court has ruled that the claim of the applicants for consideration by the responsible Committee O.A. No/37/2022 29 cannot be denied as ordered by the Tribunal and that their case is squarely covered by the decisions of the Hon'ble Apex Court.
This Tribunal in O.A No. 040/00417/2018 vide order dated 06.03.2020 had passed the following order:
"3. We have gone through once again the entire case, records and documents submitted by both the parties. This O.A. is challenging the order of the respondent authorities dated 05.09.2018. This speaking order is in compliance with the order of this Tribunal dated 18.08.2016 passed in O.A. No. 040/00286/2016. The Speaking order also covers the order of this Tribunal dated 31.05.2016 passed in O.A. Nos. 413, 433, 434, 424/2014 & O.A. No. 11 of 2015. We have also gone through the order dated 18.08.2016 in OA No. 286 of 2018 wherein this Tribunal had directed as under;
"7. I have heard the learned counsel for the parties, perused the pleadings and material placed before me. The applicants in the Instant case joined their duties as Casual Labour with effect from 1986 on various dates. Although the matter relates back to 1986 and since many similarly situated persons traveling this Tribunal to Hon'ble Gauhati High Court in various occasions, hence, without going into the merit, I direct the respondent authority to consider the case of the applicants in the light of earlier decision passed by this Tribunal in O.A. Nos. 413, 424, 433, 434/2014 & O.A. No. 11 of 2015."
As could be made out from the above, this Tribunal had directed the respondent authorities to consider the case of the applicants in the light of the decision of this Tribunal in O.A. Nos. 413, 424, 433, 434/2014 & Ο.Α. No. 11 of 2015.
O.A. No/37/2022 30
4. We have once again gone through the judgment and order of this Tribunal dated 31.05.2016 In O.A. Nos. 413, 424, 433, 434/2014 & Ο.A. No. 11 of 2015. This Tribunal had made detailed examination the issue and discussed on the issues that has cropped up during the course of litigation including the dismissal of the Writ Petition (C) No. 6157 of 2007 filed by the respondent authorities in the Hon'ble High Court of Gauhati. The Tribunal also had taken note of the recommendations of the constituted taken note of the recommendations of the constituted screening Committee. However, having taken note of the existence of employees rendering their services, Tribunal had directed as under:
However, as both parties agreed, we direct the respondents authority once again to consider the case of the applicants absorption in Railway on the basis of the report dated 16.3.2004 (Annexure-1 of the O.A.) with due weightage of the applicants existence as we viewed. The said exercise shall be carried out by the respondents not later than three months from the date of receipt of the order."
5. In the context of this detailed discussion and the above direction given by this Tribunal as above, we have perused the speaking order dated 05.09.2018. We found that the speaking order dated 05.09.2018 is only repeating the initial stand of the respondent authorities with reference to the disputes in granting the applicants' absorption as Group 'D' employees in the respondents organization. The speaking order has not brought out any details of the process exercised by them to consider the applicants for absorption in the Group 'D' posts. Accordingly, respondent authorities are directed once again to consider the cases of the applicants and come up with details speaking order indicating clearly the entire process gone through by them in considering of the applicants as directed vide this Tribunal order dated 31.05.2016 in O.A. Nos. 413, 433, 434, 424/2014 & O.A. No. 11 of 2015. The exercise may be completed by the respondent O.A. No/37/2022 31 authorities within a period of four months from the date of receipt of this order.
6. To the above extent, the O.A. stands disposed of. There shall be no order as to costs."
Thereafter, speaking order was passed by the respondents on 20.07.2020, which is impugned in the present O.A, which is reproduced as under:
"N. F. Railway (Construction) Office of the No. 586/Con/CL/20 General Manager (Construction) Maligaon, GHY-11 Dt. 20.07.2020 To, Sri Gopinath Goswami s/o Lt. Sushil Goswami Vill; Satbainir Tupbalabhita P.O. Kalabhanga Dist. Barpeta Assam Pin 781313.
Sub: Speaking Order in compliance of Judgment and Order dated 06.03.2020 passed O.A. No.417/2018 (Sri haren das & Others Vs. Union of India & Others.) before Hon'ble CAT/GHY.
With reference to order dated 06.03.2020 passed by Hon'ble CAT/GHY in O.A. No. 417/2018 (Sri Haren Das & Others Vs Union of India and Others) considering the Judgment and Order dated 31.05.2016 in O.A. No. 413, 433, 434. 424/2014 & in O.A. No.11/2015, it is stated that as per guidelines, those who had worked prior to 01.01.1981 and were re- engaged, their names were to be registered in LIVE casual Labous Register and those who were discharged prior to 01.01.1981 due to completion of work and not engaged thereafter but had applied for such re-engagement within 31.03,1987 as per the policy issued by the Railway Board, then their names were to be registered in the supplementary Live Casual Labour Register.
In this regard, it is to mention that Railway Board Vide letter No. E(NG)II/78/CL/2 dated 04.03.1987 decide that open line Casual O.A. No/37/2022 32 Labour, who were discharge prior to 01.01.1981 for want of work or due to completion of work and not re-engagaed thereafter are also eligible to the benefit of consideration, as extended, to similarly placed project Casual Labour, subject to their having submitted application providing the necessary information by 31.03.1987 those application, after verification, have been found to be genuine.
Thereafter, the Railway Board's guideline in the regard to the re- engaged of Ex-Casual Labour specifically laid down pre-condition of submission of applications for considering inclusion of their names in the Supplementary Casual Labour Register on or before 31.03.1987. The above pre-condition was the crux for consideration of the Ex- casual Labour case. In fact, the circular categorically states that application reaching office after 31.03.1987 or those which are incomplete or not complain to the instruction will not be considered.
The applicant mentioned in the OA did not apply for registration of his name in live/supplementary casual labour register within stipulated time as per Railway Board's guidelines. The case of the applicant in the instant case could have been considered for inclusion of his name in the supplementary Live Casual Register for re-engagement if he would have submitted application as such before the cut-off date fixed by Railway Board i.e. 31.03.1987 and the application after verification has to be genuine.
The time limit for submitting application on or before 31.03.1987 for consideration for inclusion of the name of Ex-casual labour (who were discharge prior to 01.01.1981 for want of work or due to completion of work and not re-engaged thereafter) in Supplementary Casual Labour Register in the essence of the circular dated 04.03.1987 and cannot be dispensed with.
In the year 1998 Railway Board launched a special drive vide Board's L/No E(NG)II/98/CL/32 dated 09.10.1998 for regularization for all the ex-casual labourers borne on Live/Supplimentary Casual Labour Register against regular vacancies. As a result of the aforesaid special drive, all the ex-casual labourers were regularized borne on live/supplementary casual labour register.
In the present O.A. No. 417/2018 before Hon'ble CAT/GHY, the applicants are seeking absorption in Group 'D' post in Railways. The Hon'ble Tribunal vide its order dated 06.03.2020 disposed of the Original Applications and directed the Respondent authority once again to consider the case of the Application on the basis of the report dated 16.04.2004, by giving special emphasis to the matter has again been examined in detail as per available official records and found that the O.A. No/37/2022 33 applicants were not engaged/discharged prior to 01.01.1981 and the applicants did not apply for registration their names in live/supplementary casual labour register within stipulated times as per Railway Board's guidelines mentioned above. Moreover, the matter is more than 30-35 years old as such there is no bonafideness said to be exist in the present claims of the applicants at this distance date.
As such after considering all the above facts and materials available on records, the rules and Instructions with regards to casual labour prevalent at that time, the claims were looked into and verified and it is found that claim for absorption in Railway can not be considered and accordingly, the claim of the applicants for regular absorption in Railway is not considered and hence rejected.
This is for your kind information please.
M. R. Boro Dy. CPO/Con For GM/Con"
6. As can be seen from the above order, the respondent authorities have again repeated the old grounds of rejection as in the past that the matter is more than 30-35 years old and that the applicants did not apply for registration of their names in the Live/Supplementary Casual Labour Register within the stipulated time as per Railway Board's guidelines. However, this is contrary to the facts of the instant O.A as the applicants have been working as casual labour for different periods w.e.f. 1986;
patiently and persistently approaching this Tribunal for O.A. No/37/2022 34 justice on many occasions and despite the orders passed by the Tribunal to the respondents that they dispose of the case by passing a well reasoned and speaking order; the respondents time and again have rejected the case of the applicants on the same flimsy and frivolous grounds. There has been no fresh application of mind; no new ground for rejection but the same old hackneyed grounds have been invoked to reject the claims of the helpless and hapless applicants who have been running from pillar to post for the last 30-35 years. The respondents have not appealed against the order of the Hon'ble Gauhati High Court dated 05.11.2008 in the Hon'ble Supreme Court and thus under the principle of estoppel are now duty bound to abide by the order of the Hon'ble Gauhati High Court.
7. In the light of the above, we are of the considered opinion that the instant O.A has merit and deserves to be allowed and is accordingly allowed. We therefore, quash and set aside the impugned order dated 20.7.2020 and O.A. No/37/2022 35 direct the respondents to regularize the service of the applicants on the basis of the report dated 16.03.2004 as observed vide Para 4 in the order dated 06.03.2020 passed in O.A. No. 040/00417/2018 by this Tribunal; and to appoint them against Group-D posts as has been done in case of similarly situated employees within a period of four months from the date of receipt of the certified copy of this order.
8. However, there shall be no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
SS
O.A. No/37/2022