Central Administrative Tribunal - Bangalore
Arulamani R vs Railway Board on 29 February, 2024
1
OA.No.170/00494/2023/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00494/2023
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
1. Arulmani R
Age: 44
Kunichi,
Village & Post
Tirupttur, Thesil & Dist,
Tamilnadu, Pin-635602
2. T. Bhupathi
Age: 42
Uppukunta village,
Vasanadu post Kummam md
Chittoor dist,
Andhra Pradesh St,
Pin 517 425
3. C. Venkatesan
Age: 43
Kotalur Village, Adavibudugur Post,
Kuppam Mandal, Chittoor Dist,
Andhra Pradesh, Pin: 517 425
4. G. Gunasekaran
Age: 58
Door No 1/90F, Gollapalli Village,
Emakalanatham Post, Barugur Thehal,
Krisnagiri Dist, Tamilnadu
Pin: 635 104
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5. C. Ravi Chandran,
Age: 47
Murugancovil Street,
Kurumberi,
Tirupattur District,
Tamil Nadu State, Pin 636 652
6. G. Subramani,
Age: 46
No. 359, 2nd East Street,
Kurumberi Village & Post,
Tirupattur Thaluk & Dist,
Tamil Nadu State, Pin: 635652
7. L. Lokabhi Naidu,
Age: 42
KV Venkatapuram Village & Post,
Gangadara Nellore Mandal,
Chittoor Dist,
Andhra Pradesh, Pin: 517 125
8. G. Chandra Sekhar,
Age: 40
1-27, Basavapalle Village,
Narahari Pet Post,
Gudipala Mandal, Chittoor Dist,
Andhra Pradesh State, Pin: 517 132
9. D. Venkatesan,
Age: 46,
Gollapalli Village, Emakalnatham Post,
Baruguru Tehal, Krisnagiri Dist,
Tamilnadu State, Pin 635104
10. S. Sivasankar
Age 55
T Krishnapuram Village,
Kurumbakeri Pudur Post,
Tirupattur Tk & Dist,
Tamilnadu State, Pin 635653
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11. S. Srinivasan
Age: 43
Omkuppam Village,
Marimani Kuppam Post,
Vaniyambadi Taluk, Tirupattur Dist,
Tamilnadu State, Pin 635710
12. C. Ramesh
Age: 55
Somanayakkanpatti Village & post,
Jolarpettai via, Natrampalli Taluk,
Tirupathur dist, Tamilnadu State,
Pin 635851
13. R. Suresh,
Age: 40
KudiyanaKuppam Village,
Somanayakapatti Post, Jolarpetai,
NattaramPalli Tehal, Tirupattur Dist,
Tamilnadu State, Pin 635851
14. K. Venkatesan
Age: 42,
Venkatanayanapalli Village,
Patchur Post, Natrampalli Taluk,
Thirupattur Dist,
Tamilnadu State, Pin 635854
15. M. Murugesan,
Age: 40,
95/3, Pedhakallupalli Village,
Thekkupattu Post,
Natrampalli Taluk, Tirupattur Dist,
Tamilnadu State, Pin 635801
16. Chenrayan S
Age: 40
No. 1139A, Kothouganvattam,
Vil Nagalapuram post, Natrampalli TK,
Tirupattur Dist, Tamilnadu Pin 635852
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17. Mahesh Kumar D,
Age: 39
No. 2/65 (1), Mudaliyarvattam,
Thekkupattu post, Natrampalli Tk,
Tirupattur Dist, Tamilnadu 635801
18. Rajinikanth A
Age: 45
No. 2/282, Pakkiri Madam Village,
Ammanangkoil, Pudupettai Post,
Natrampalli Tk, Tirupattur Dist, Pin 635651
19. Pichili Nagaraja Reddy
Age: 42
S/o Pichhili Ramachandra Reddy,
7/200, 7 Ward, Buchhaiah gari pally,
Bukkaptnam, Anathapur
Andhra Pradesh, Pin 515144
20. K. Sankar,
Age: 47
H. No. 139/6, S/O K. Krishnan Pachal
(Village & Post) Tirupattur
(Dist& Tk) Tamil Nadu Pin 635 602
21. V. Dhananjayan
Age: 42
H. No 280/6 NGO Nagar,
(Near GOVT Baby School) Pachal (Post)
Tirupattur (Dist&TK),
Tamil Nadu Pin 635602
22. Palani D
Age: 54
Koratti (Village&Post)
Tirupattur (Dist&TK)
Tamil Nadu Pin 635601
23. G. Ravi
Age: 38
H/No 2-39-2 PB Natham
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(Village & Post) Kuppam (Tk)
Chittoor (Dist) Andhra Pradesh Pin 517425
24. Srinivasa R
Age: 42
Kallikothur (Vill) Doddakembly (Post)
Andersonpet, KGF
Karnataka Pin 563 113
25. Dhinagaran
Age: 55
S/o K. Narayanswamy,
#116, South bloc, Marikuppan Post,
Kgf Kolar Dist, Karnataka, Pin 563 119
26. Murugan C.
Age: 48
No. 35, Bharathidasan ST,
Adukkaparai V&P, Vellore dist,
Tamilnadu, Pin 632011
27. Sounder Raj U
Age: 41
S/o Udhayakumar,
#211, South tank Block,
Coromandal Post, KGF Kolar Dist,
Karnataka, Pin 563 118
28. Ramesh E
Age: 40
S/o Subramanyam Mandadi,
D/No. 4-2062/G Sidharth Nagar,
Opp PVKN Degree College,
Greams Pet, Chittoor,
Andra Pradhesh Pin 517002
29. P. Rasigan
Age: 39
S/o M. Perumal, Thiruvika Nagar,
Irunapattu, Vellore Dist,
Tamilnadu Pin: 635702
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30. S. Venkatesan
S/o Shanmugam,
Age: 44, H/No 118, Raja Street,
Krishna Puram (PO), Dharmapuri (Dt),
Tamilnadu 635202
31. Senthilkumar C
Age: 41
No 2/23, Thiruvekavill,
Irunapattu Post, Thirupathur Dist,
Tamilnadu, Pin 635702
32. Vaseeb S
Age: 40
S/o SM Shaffulla,
# 18, 3rd Cross, Muneswara Nagar,
Shampur Road, Kaval Byrasandra,
Bangalore, Karnataka, Pin 560 045
33. Mohan K
Age: 39,
S/o Krishnan,
Esuban Kottai, Kaley Halli Post,
Krishnagiri dist,
Tamil Nadu, Pin 635 101
34. Ravi SM
Age: 56
S/o K Munisamy,
Salanthampalli (V&P)
Tirupathur Dist,
Tamilnadu, Pin 635653
35. Suresh Kumar K
Age: 52
S/o Krishnan 1/108
Mariyamman Kovil St,
B.N. Palayam (Vill&Po)
K.V. Kuppam (Tk),
Vellore (Dt), Pin 632 202
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36. Sakkaravarthi V
Age: 44
S/o Vediappan Nedungal (Vill),
Kaveripattinam (Po),
Krishnagiri (Tk&Dt), Pin 635 112
37. Munirathinam S
Age: 48
S/o SathaSivam, Athorathan Kottai,
(Vill), Paiyar (Po), Krishnagiri (Dt), Pin 635 112
38. Elangovan K
Age: 41
S/o Kanniyappan 1, KollaiMedu,
Karasamangalam (Vill&Po)
Katpadi (Tk) Vellore (Dt), Pin 632 202
39. Palani S
Age: 44
S/o Subramani
Kalanur Jagadevipalayam (Vill),
Jagadivi (Po), Krishnagiri (Dt), Pin 635 203
40. Ebireyan J
Age: 45
S/o Jaganathan
Rajiv Gandhi Nagar (Po),
Bagalur (Tk), Hosur,
Krishnagiri (Dt), Pin 635 103
41. Selvan E
Age: 46
S/o Elappan Balaguri (Vill),
Bellarampalli (Po),
Krishnagiri (Tk&Dt), Pin 635122
42. Ellappan K
Age: 46
S/o T. Kuppan, 3/210 C4,
Aasath Nagar, Venkatapuram (Vill),
Krishnagiri (Tk&Dt) Pin 635 002
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43. Muniappan A
Age: 43
S/o Annamalai Kovil Kottai,
(Vill), Katteri (Po),
Krishnagiri (Tk&Dt), Pin 635 101
44. Ramesh En
Age: 45
S/o Narasimman,
Elumichangiri (V&P), Mallinayanapalli,
Varatanapalli, Krisnagiri,
Tamilnadu, Pin 635 120
45. Ramesh R
Age: 41
S/o Ramachandran,
Nanam Patti. Vill, Gendiganahalli Post,
Dharmapuri Dist, Tamilnadu, Pin 635 205
46. M. Malli Karchunan
Age: 57
S/o Mallan Matchipatktari,
Narthampatti Post,
Laugams (so), Nallampalli (tk),
Dharmapuri (Dt), Tamilnadu, Pin 636804
47. T. Chenna Kesavan
Age: 47
S/o Thangavel,
Psenniyampatti, Kottai,
Budhanahalli, Dharmapuri (dt),
Tamilnadu, Pin 636804
48. K. Govindaraj
Age: 47
S/o Kaveri, 3/133(1)
Channanoolaalli,
Miottanoonalli, Noolalli,
Mittanoolalli, Dharmapuri (Dt)
Tamilnadu, Pin 636704
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49. A. Dasarathan
Age: 55
S/o Aramagam,
3/88181, Samundieswari Huse,
Govindas Nagar, Manthopu (vll),
Pidamaneri (Post), Dharmapuri (Dt),
Tamilnadu, Pin 636705
50. M. Krishnan
Age: 40
S/o Madhiyan,
Karigapatti,
Thirumalvadi, Dharmapuri,
Tamilnadu Pin 636808
51. P. Palanisamy
Age: 54
S/o Pachamuthugaundar,
3.1.48B Seeramaniyur,
Erakundappati, Macheri, Mettur,
Erakondampatti, Salem,
Mettur, Tamilnadu Pin 636 451
52. M. Senthil
Age: 41
S/o Munusamy,
Gangalapuram (vll), Pagalahalli (Post)
Nallamapalli (Tk) Dharmapuri (Dt)
Tamilnadu, Pin 636 807
53. G. Madhu
Age: 46
S/o Govindaraj,
Elagiri Post, Nallampalli Tk,
Dharmapuri (Dt) Tamilnadu, Pin 636 807
54. N. Elageshvaran
Age: 47
S/o M Madesan,
Pannandur, Krisnagiri,
Tamilnadu, Pin 635 123
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55. R. Shivakumar
Age: 54
2/376-1, Sri Sidhivinayagar Kovil Street,
Vellan Maiporiyiyal Nagar,
Thadangam VII,
Thokkampetti Post,
Nallampalli Taluk, Dharmapuri dt,
Tamilnadu, Pin 636 705
56. Ravi P
Age: 47,
S/o Palani Mottan Kurichi,
Pappireooipatti (Tk)
Dharmapuri (Dt), Pin 635 302
57. Santhosh Raj K
Age: 48
S/o K. Kunju Krishnan,
5/254-A, Kovilur (Village),
Nallampalli (Po),
Dharmapuri (Dt), Pin 636 807
58. Govindaraj A
Age: 57
S/o P. Annamali,
1/172-1, Raja Gollahalli (Po),
Nallampalli (Po),
Dharmapuri (Dt), Pin 636 816
59. Agasteen Arul Raj A
Age: 41
S/o Anothny Samy Valan Nagar,
Polikkarai (Po), Palacode (Tk),
Dharmapuri (Dt) Pin 636 808
60. Selvaraj M
Age: 44
S/o Marappan Kadamadai
Pennagaram (Tk)
Dharmapuri (dt), Pin 636 811
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61. Murali K
Age: 47
S/o Kanthasamy
Kariyampatti (Village),
Satiyanathapuram (Po),
Pennagaram (Tk),
Dharmapuri (Dt), Pin 636 813
62. Senthil D
Age: 40
S/o Devaraj
Vagrappamatti (Po),
Karimangalam (Tk),
Dharmapuri (Dt), Pin 635 202.
63. Saravanan G
Age: 55
S/o C. Govindan 110/G-2,
Gangaiamman Kovil Street, Thinemalai,
Sri Ramanusharmam (Po),
Tiruvannamalai (Dt), Pin 606 603
64. Kulandaisamy A
Age: 50
S/o Anothny Samy 3/338,
Gopal Colony, Endapatti (Vill)
Jerthalavi (Po) Palacode (Tk),
Dharmapuri (Dt), Pin 636 808
65. Ramamurthy C
Age: 52
S/o Chinnaperumal
Sundakapatty (Vill), Mottur (Po),
Krishnagiri (Dt), Pin 635 112
66. Ramesh KG
Age: 47
S/o Govindappan,
2/13-B, Vishwam Nagar,
Kaveripattinam (Po),
Krishnagiri (Dt), Pin 635 112
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67. Periyathambi G
Age: 43
S/o M.V. Gopal,
N. Mottur (Po), A. Mottur (Vill),
Krishnagiri (Tk&Dt) Pin 635 112
68. Selvam C
Age: 47
S/o Chandran 125 (1)/2,
Gundalapatti (Vill&Po),
Krishnagiri (Dt), Pin 635 101
69. Pownraj G
Age: 50
S/o D.C. Govindaraj
Dhuduganahalli (Vill),
Moramodugu (Po),
Krishnagiri (Dt), Pin 635 122
70. Murugan N
Age: 50
S/o T. Narayanan
M.G.R. Nagar Street,
Amani Mallapuram (Po)
Palacode (Tk), Dharmapuri (Dt),
Pin 636 806
71. Madhu M
Age: 42
S/o Muniyan 10/68,
Vallur, Kattukottai (Vill),
Papparapatti (Po),
Pennagaram (Tk), Dharmapuri (Dt)
Pin 636 809
72. Siva Kumar K
Age: 48
S/o Krishnan. A 166,
Veeramallai (Vill),
Periya Karadiyur (Po), Pochampalli (Tk),
Krishnagiri (Dt) Pin 635 206
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73. Venkatesan R
Age: 48
S/o Ramasamy,
Gundalapatti (Po & Vill),
Krishnagiri (Tk&Dt)
Pin 635 101
74. Bandi Venkataramana
Age: 57
S/o Late Bandi Narayana
1-833-A, A Narayana Puram, Alluri,
Seetharamaraju Nagar,
Ananthapur,
AP Pin 515 004
75. Gopala Krishnan T
Age: 52
S/o Thimman
Alathudayanpatty (Po),
Thuraiyur (Tk)
Trichy (Dt), Pin 621 003
76. Udhaya Kumar C
Age: 39
S/o Chinnasamy 3/48,
Marichettihalli (Vill & Po),
Krishnagiri (Tk&Dt),
Pin 635 204
77. Sakthivel G
Age: 46
S/o Gujali Nedungal (Vill&Po),
Krishnagir (Tk&Dt), Pin 635 112
78. Murugesan C
Age: 47
S/o Chinnapaiyan R.
Poosaripatti (Vill),
Thalapalli (Po),
Krishnagiri (Dt), Pin 635 001
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79. Raghu R
Age: 46, S/o Rathinam
Chinthagampalli (Po&Vill),
Bargur (Tk),
Krishnagiri (Dt), Pin 635 104
80. Rajasekaran V
Age: 48, S/o Venkatasamy
Kondapalli (Vill), Thippanapalli (Po),
Krishnagiri (Tk&Dt), Pin 635 115
81. Bairappan T
Age: 49, S/o Theerthagiri
Kondapalli (Vill), Thippanapalli (Po),
Krishnagiri (Tk&Dt), Pin 635 115
82. Sekar P
Age: 43, So G. Pachayappan
Sajjalpalli (Vill), Thippanapalli (Po),
Krishnagiri Tk&Dt), Pin 635 115.
83. Selvarajan K
Age: 42, S/o Kannan
Sajjalpatti (Vill), Rayakottai (Po),
Krishnagiri (Dt), Pin 635 116
84. Govindasamy C
Age: 42, S/o Chinnapaiyan ,
Sajjalpatti (Vill), Rayakottai (Po),
Krishnagiri (Dt), Pin 635 116
85. Andiyappan S
Age: 46, S/o Subramani,
4/13 C, Uchampatti, Dindal,
Dharmapuri, Tamilnadu, Pin 635 111
86. B. Jagadeesh
Age: 41
143-C36, 1st Cross, 22 Main Road,
Near Mariyamman Temple,
Avalahalli Bangalore, Pin 560 026
15
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87. Shivaji Rao Power M,
Age: 57
653, Kamala Nagar,
Near Sankar Marg Bus Stop,
Bengaluru, Pin 560 079
88. V. Venkatanarayana Reddy
Age: 42
Thummala (VPO) Dharmavaram,
(Mandal) Saityasai Dist)
Andrapradesh Pin 515 672
89. N. Nagaraju
Age: 41
1/13 Medapuram Dharmavaram
(Mandal) Satyasai (Dist),
Andrapradesh Pin 515651
90. Boppepalli Seksha Vali
Age: 41
Bukkapatnam, Panchaiti Office,
Bukkapatnam Anathapur (Dist)
Andrapradesh Pin 515144
91. DLN Reddy
Age: 44
Muchuram (V&P)
Dharmavaram (Mandal) Satasai (Dist)
Andrapradesh Pin 515 004
92. Y. Praveen Kumar Reddy
Age: 46
13-3-559-A Khaja Nagar,
Khaja Nagar Anantapur,
Andrapradesh Pin 515 001
93. Gelivi Ramalinga Reddy
Age: 41
Thummala (VPO)
Dharmavaram (Mandal),
Satyasai Dist, Andrapradesh Pin 515672
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94. Kumar B
Age: 39
H/ No. 7 Savala papa layout
Ayyappa Nagar, K R Puram,
Bangalore Pin 560 036
95. V. Selvam
Age: 40
S/o Vediyappan,
Karukkan Chavadi (Village),
Kaveripattanam (Post)
Krishnagiri (Te) & (dt)
Tamil nadu 635 112
96. Ravi R,
S/o P. Raja Gouder,
Age: 52,
H No. 3/75B, Bethakallupalli (village),
Thekkupattu (post), Natrampalli (thaluk),
Thirupathur (district), Tamilnadu: 635 801
97. M. Kuttiappan,
S/o Muniappan,
Age: 42,
Uthupallam Village, Devarmugalam Post,
Karimangalam, Krishnagiri District,
Tamilnadu 635 111
98. Kailasagiri M,
S/o V. Munusamy,
Age: 40
Moolikkal savalur X road (village),
Kaveripattanam (post),
Krishnagiri (TK&DT), Tamilnadu 635 112
99. Chakravarthy TK,
S/o C. Kannappa,
Age: 43
Theerthagiri patti (post)
Batlapalli, Krishnagiri (dt),
Tamilnadu 635 104
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100. A. Veliappan
S/o Angamuthu,
Age: 42
Pillariagraharam (village), Kopakari (post),
Denkanikotai (TK), Krishnagiri (dt),
Tamilnadu 635 116
101. Murugesan C,
Late S/O Chinnakannu
Age: 38
Kuttivedechampatti (village),
Soutthali (po), Krishnagiri (dt)
Tamilnadu 635 112
102. M. Rajkumar,
S/o M. Muniswami,
Age: 44
3/280, Chinna thakkepalli (village),
Pothinayanapalli (post),
Krishnagiri (TK&DT),
Tamilnadu 635 001 .... Applicants
(By Shri B.M. Bhageerath, Advocate - through video conference)
Vs.
1. Union of India,
Rep by its Chairman
Railway Board, Room No. 235, Rail Bhavan,
Raisina Road, New Delhi 110 001
2. Director Estt. (N)
Railway Board,
Rail Bhavan, Raisina Road,
New Delhi 110 001
3. The Senior Divl. Personnel Officer,
South Western Railway,
Bangalore 560 023 ... Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
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O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(a) Issue/pass an order or writ of certiorari for quashing the impugned order being arbitrary, malafide, discriminatory and illegal;
(i) Notice of Termination of Service, Ref. No. B/P.447/I/TFC/Gr.D. Vol-VI dated 13.09.2023, issued by the Respondent No. 3 terminating the applicants' services as Gatemen after 30.09.2023;
Annexure-A4.
(ii) The Memorandum, Termination of Services of Contract Ex-Serviceman, Ref. No. B/P.676/2018/ESM/Vol-III, dated 20.09.2023, issued by the DPO-1/SBC, acting on behalf of the Sr. D.P.O/SBC, Bangalore-23, the respondent No. 3 terminating the applicants' services as Gatemen after 30.09.2023, Annexure-A5.
(b) Issue/Pass an order or direction of appropriate nature to the respondents to reinstate the services of applicants as per the notification No. E(NG)II/2021/RC-4/1, dated 06.10.2023, Annexure A6 and further direct the respondents to regularise the services of the applicants as Gatemen until their superannuation on attaining the age of 60 years with full back wages and other consequential benefits and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and render justice. 19
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(c) Direct the respondents to produce all the records of the case along with their reply for perusal by this Hon'ble Tribunal.
(d) Issue/Pass an order or direction of appropriate nature to respondents to compensate for harassment and mental agony to the applicants.
(e) Allow the cost of this application to the applicants.
(f) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicants and against the respondent"
2. Briefly stated the facts as narrated by the applicants are that they are ex-servicemen engaged by the South Western Railway (SWR) as Gatemen at railway level crossings to eliminate unmanned level crossings in various divisions of SWR. The applicants were deployed as Gatemen under ex-servicemen quota between 2018-2019 and their service was extended every year upto March, 2023. It is the grievance of the applicants that the railways by the impugned communication dated 03.04.2023 has instructed all the zonal heads to terminate the ex-servicemen after 30.09.2023 and induct deploy persons recruited by an outsourcing agency.
Subsequently, the applicants have been terminated from service 20 OA.No.170/00494/2023/CAT/BANGALORE from 01.10.2023. Being aggrieved, the applicants have preferred this OA.
3. Learned counsel Shri B.M. Bhageerath representing the applicants argued that the applicants have rendered services continuously for more than four years without any break, as such, they are eligible for being regularized under 'ex-servicemen quota' provided under Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 ('Rules, 1979' for short). Learned counsel further submitted that as per the rules governing rules of re- employment of ex-servicemen, post retirement, the retired person has to take up employment within three years of their retirement from the Armed Forces. During these three years, the applicants had several job opportunities but they opted to take up re- employment with SWR, as Gatemen, on contract basis, in fond hope and belief that they would be absorbed permanently under 'ex-servicemen' quota. The applicants have undergone training at Divisional Engineering Training Centre of SWR in Hubli- Dharward. In view of the said training, the applicants herein are competent to work at different classes of level crossing gates. The applicants are under direct deployment by the Railway Board, 21 OA.No.170/00494/2023/CAT/BANGALORE therefore, they ought to have been given first preference over the outsourced appointees. The applicants have been abruptly terminated and restrained from entering their workspace from 01.10.2023 without any individual notices being issued and in gross violation of principles of natural justice.
4. Placing reliance on the judgment of the Hon'ble Apex Court in the case of Steel Authority of India Limited and Anr vs National Union Water Front Workers and Ors reported in AIR (2001) Supreme Court 3527, learned counsel submitted, the contract workers who have been working for more than 240 days are required to be regularised, as such, the applicants who were in continuous service without any break since 2019 cannot be terminated abruptly. Reliance is placed on Rule 6A of the Rules, 1979 and the relaxation admissible only for the first civil employment given by the DOPT vide OM dated 02.05.1985. Accordingly, seeks for interference of this Tribunal.
5. Learned counsel Shri N. Amaresh representing the respondents referring to the detailed reply statement filed on behalf of Respondents No. 1 to 3 submitted that the SBC division has received 728 (Engineering) + 405 (Operating) RRC papers for the 22 OA.No.170/00494/2023/CAT/BANGALORE appointment of permanent Track Maintainer-IV in Civil Engineering Department and Pointsman in Operating Department against indent placed for Central Employment Notice No. 01/2019. Out of these RRC papers received for appointment, so far 607 (Engineering) + 237 (Operating) appointments have been made on successful completion of mandatory initial training for the post and the selected candidates have been posted to various Permanent Way (P. Way) units and stations of the Division. The newly appointed regular Track Maintainers and Pointsmen have replaced the contract Ex-servicemen who were working at level crossing gates. Another 82 (Engineering) + 153 (Operating) RRC papers are on hand and candidates are being for Document Verification for appointment in a phased manner due to non-availability of vacancies in Track Maintainers and Pointsmen cadre of the division after appointing 844 regular RRC candidates.
6. The learned counsel submitted that in this scenario, as per the instructions contained in the Railway Board letter dated 03.04.2023, the competent authority has accorded approval to terminate the contractual service of ex-servicemen who were deployed as Gatemen on contract basis. Accordingly, notice of 23 OA.No.170/00494/2023/CAT/BANGALORE termination of service was issued vide office letter dated 13.09.2023, i.e., 17 days prior to issuance of the termination order on 30.09.2023. The applicants were deployed on contract basis to work as Gateman at level crossing gates over Bangalore division of South Western Railway vide Notification dated 21.12.2018. The applicants have accepted the terms and conditions stipulated therein and deployed accordingly. The contract stipulated the conditions that the contract engagement as Gateman is for a period of one year or till the date of availability of regularly selected candidates, whichever is earlier; the applicants have to execute an indemnity bond on stamp paper of Rs. 100/- duly agreeing to the terms and conditions of deployment as Gateman, which indeed has been executed; mere engagement on contract basis will not confer any right to claim for absorption in railways as stated in R.B. letter dated 23.06.2006 and as per the judgment of the Hon'ble Supreme Court dated 10.04.2006 Civil Appeal No. 3595-3612/1999 (Secretary, State of Karnataka & Ors vs. Umadevi & Ors). The applicants having been deployed purely on contract basis, they are governed by the contractual terms and obligations. 24
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7. Learned counsel further argued that the applicants were not appointed under the Rules, 1979, as such, Rule 6A of the Rules, 1979 and the reservation of quota of ex-servicemen for regularization of services would not be applicable. The claim of regularization of services is wholly untenable as they have worked on contractual basis, being aware of the terms and conditions of the contract. Thus, the learned counsel submitted that the letter dated 06.10.2023 issued by the Railway Board (RBE No. 113/2023) is the general instructions issued to all zonal railways across the country. In SWR, the ex-servicemen appointed on contract basis are to be phased out with the joining of regular employees as that stage has been reached as specified in para 4 of RBE No. 113/2023 (Annexure-A6). The list of regular employees replaced in the place of the applicants has also been placed on record. On these grounds, learned counsel seeks for dismissal of the OA.
8. We have given our anxious consideration to the rival submissions made by the learned counsel appearing for the parties and perused the material on record.
9. In the Notification No. SBC EXM/01/2018 dated 21.12.2018 issued for deployment of ex-servicemen on contract 25 OA.No.170/00494/2023/CAT/BANGALORE basis to function as Gatemen in the level crossings for elimination of manned level crossings, the duration of deployment as Gateman is specified, i.e., for a period of one year or till the date of availability of regularly selected candidates, whichever is earlier. It is specifically mentioned that "It may also be brought to the notice of applicant that mere engagement on contract basis will not confer any right to claim for absorption in Railways as stated in R.B letter No. E9 (LL) 2006/AT/NRE/01 of 23.06.2006 and as per the judgment of the Hon'ble Supreme Court dated 10.04.2006 in Civil Appeal No. 3595-3612/1999."
10. Indisputably, the applicants were deployed on contract basis to function as Gatemen in level crossings of Bangalore division in pursuant to the Notification dated 21.12.2018 issued by the SWR calling volunteers of ex-servicemen for engagement as Gatemen on contract basis subject to the terms and conditions mentioned in the notification. The terms and conditions stipulated in the memorandum - Deployment of ex-servicemen on contract basis, reads thus:
"1) The contract engagement as Gatemen is for a period of one year or till the date of availability of regularly selected candidates, whichever is earlier.26
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2) Ex-Servicemen will be deployed as Gatemen duly executing contract as per Section 197 (2) of Railway Act and by imparting training and by issue of Competency Certificate for manning the LC gates.
3) Emoluments to be paid is Rs. 23,000/- consolidated which is fixed throughout the contract period. They will be paid Night Duty Allowance (as applicable) and an Annual Dress Allowance of Rs. 5000/-.
4) Ex. Servicemen engaged as Gatemen on contract basis shall be entitled to 10 days of Casual Leave during the entire contract period of one year period of absence beyond this period, a proportionate deduction from the Monthly remuneration shall be made. The deduction will be effected from the consolidated amount towards EPF, ESI as per Govt. rules. The rate of payment and payment towards statutory EPF & ESI will be as follows:-
Details Per day Monthly
Rs Rs
Payment 587.50 17,625
Statutory contribution towards EPF 70.50 2,115
Employee
Statutory contribution towards EPF 70.50 2,115
Employer
Contribution towards ESI Employee 10.26 308
Contribution towards ESI Employer 27.90 837
Total 23,000
5) Ex. Serviceman found suitable for deployment will be
imparted training for a period of 18 days. They will be given extra one-week practical training for familiarization with Railway system of working. They will be eligible for emoluments from the date of training provided they successfully complete the training and followed by working at Gate.
6) The deployed trained Gateman will work as per Section 197 (2) of the Railways Act and perform duties as prescribed in Railway Manual. Ex. Servicemen deployed as Gatemen are required to work as Gateman at Level Crossing Gates situated on Railway tracks on Railway Sections over Bengaluru Division of South Western Railway. The Gatemen will be deployed round the clock for a maximum period of 12 hours per day or 60 hours per week.
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7) The Gateman should be alert and should take immediate action when danger is apprehended. During the passage of train, Gateman should stand facing the track on gate lodge side and take action as envisaged.
8) The Gateman should protect the track in case of any obstructions at level crossing gate as per the stipulated rules. The Gateman should keep the road surface well-watered and rammed and flange way cleared at all times.
9) The Gateman should prevent trespassing at level crossing and put his efforts to remove the obstructions, if any.
10) They have to execute an indemnity bond on stamp paper of Rs. 100/- duly agreeing to the terms and conditions of deployment as Gateman.
11) Date of joining training/working at Gate may be advised by SSE/PWay to all concerned.
The candidates on submitting the Indemnity bond accepting the terms and conditions at Sr. DPO/O/SBC may be directed to concerned SSE/PWay Office for engagement as Gatemen after training as mentioned in item (5) above."
11. The applicants have executed the indemnity bonds on stamp paper of Rs. 100/- duly agreeing to the terms and conditions stipulated in the memorandums (Annexure-A1) of deployment as Gatemen. Having accepted the terms and conditions of deployment as aforesaid, the applicants cannot claim a right for absorption/regularization in railways. The applicants' deployment was made on contract basis as a stop-gap arrangement till the date of availability of regularly selected candidates. The applicants were not deployed under the Rules, 1979. Had the applicants applied for 28 OA.No.170/00494/2023/CAT/BANGALORE recruitment under the regular mode of selection, the applicants would have claimed lower standard for selection as per Rule 6A. The said benefit cannot be availed by the employees deployed on contract basis.
12. Extension of the scheme of engagement of ex-servicemen as Gatemen on contract basis against the existing vacancies for a further period of one year beyond 01.10.2023 i.e. up to 30.09.2024 as per extant terms and conditions stated in the letter dated 06.10.2023 (AnnexureA6) is applicable in general to all zonal railways. In terms of the annexure enclosed to the said Annexure- A6, total allotment of ex-servicemen as Gateman (Civil + Traffic) on contract basis is 767 in SWR. It is reiterated that the above engagements should be phased out gradually with the joining of regular employees and the same should be closely monitored at zonal level. As per the reply statement filed on behalf of the respondents, in SWR, 844 regular RRC candidates have been appointed and 82 (Engineering) + 153 (Operating) RRC papers are on hand and candidates are being called for document verification for appointment on a phased manner due to non-availability of vacancies in Track Maintainers and Pointsmen cadre of the said division. Thus, it is clear 767 total allotment mentioned in the 29 OA.No.170/00494/2023/CAT/BANGALORE annexure to Annexure-A6 has already been filled up by the SWR and the list of the candidates replacing the applicants appointed through RRC is also placed on record. Thus, it is clear that the applicants are not terminated in any arbitrary manner but based on the replacement made by the regular employees as agreed by the applicants for deployment on contract basis by executing the indemnity bond.
13. We reiterate that no right has been conferred on the applicants to seek for regularisation by merely volunteering to accept the deployment on contract basis to the post of Gatemen. It was open to the applicants to compete for regular selection, if not doing so, accepting deployment on contract basis, cannot seek for regularisation which amounts to back door entry. Hence, no exception can be found with the impugned orders.
14. For the reasons aforesaid, OA lacks merit. Resultantly, OA stands dismissed. No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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