Calcutta High Court (Appellete Side)
Vijay Kumar Mondal & Ors vs Union Of India & Ors on 24 April, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
1 26 24.04.2019
.
d.p.
W.P. 8435 (W) of 2019 Vijay Kumar Mondal & Ors.
-versus Union of India & Ors.
Mr. Surya Prasad Chattopadhyay, Mr. Saptarshi Kumar Mal.
...For the Petitioners.
Mr. Jayanta Banerjee, Mr. Soma Chakraborty.
...For the UOI.
The petitioners are the causal hot weather candidates under the Malda Division of the Eastern Railway.
Vide a letter dated 12th January, 2018 issued by the Divisional Railway Manager, Eastern Railway, Malda a list of hot weather candidates was forwarded to the Chief Personnel Officer, Eastern Railway, Kolkata. The name of the petitioners was included in the said list. The enlisted hot weather candidates were supposed to be absorbed in the regular service of the railways. The said order of absorption was passed pursuant to a judgement delivered by the learned Central Administrative Tribunal, Kolkata in O.A. No.683/93, 731/93, 812/93, 819/93, 840/93, 874/93, 876/93, 986/93, 1452/93. According to the petitioners even though there was a direction for their absorption the letter of appointment was not being issued by the Railways in their favour.
2It has been submitted by the petitioners that there is violation of principle of natural justice and accordingly the writ petition will be entertained by the Hon'ble High Court. It has been submitted that the issue has already been decided and only the letter of appointment is required to be issued by the authorities.
I am not convinced with the submission made by the learned advocate appearing on behalf of the petitioners that the cause of action in the instant matter will be amenable under the writ jurisdiction of this Hon'ble Court.
In view of the above, W.P. 8435 (W) of 2019 stands dismissed for want of jurisdiction.
However, dismissal of the writ petition will not stand in the way of the petitioners to approach before the appropriate forum for necessary relief, if so advised.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Amrita Sinha, J.)