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iv. Further reliance is placed upon the decision taken by the Hon'ble Supreme Court in a catena of cases (Dr. Ashwani Kumar Vs. Union of India and anr, (2020) 13 SCC 581; State of Karnataka and anr Vs. Dr. Praveen Bhai Thogadia, (2004) 4 SCC 684; Anuradha Bhasin Vs. Union of India and ors; (2020) 3 SCC 637; Oil and Natural Gas Corporation Vs. Krishan Gopal & Ors., (2020) SCC Online $C150; State of Maharashtra & Anr. Vs. R. S. Bhonde & Ors., (2005) 6 SCC 751), that in a judicial review, a Court has no right to direct the Government to review the policy of appointment; in judicial review the Court cannot interfere in administrative matters and that, in the absence of a regular sanctioned post, the Court cannot direct to create one. Filling up of sanctioned vacancies through contract staff for short period of time (till regular appointment is done, as per the constitutional scheme), as per administrative requirement, through a government portal, is an executive policy decision of the government and cannot be assailed by these applicants for their own benefit.

vii. Termination of the contract executed by each contractual para-medical staff has been done on each occasion duly relying upon the mutually agreed terms and conditions of engagement, and as such cannot be termed as retrenchment and cannot be labelled as unjust/illegal and/or arbitrary afterwards, by a Union alleged to represent such contract staff. Hence, the OA deserves to be dismissed, in limine.

viii. In the Zonal Railway, the 'Safaiwala' staff of the Medical Department, functioning under a Chief Health Inspector/Health Inspector, are utilized for maintaining cleanliness in Railway Hospitals/Health Units: The duties and responsibilities of various para medical staff working in railway hospitals have ~ been laid down by the Railway Board under Para 203 of Chapter II of the Indian Railway Medical Manual (in short, IRMM). The Railway Board amended this Para 203, IRMM, vide letter No. 2014/H-1/10/18/Para Medical Staff, dated 15.10.2015, wherein the duties and responsibilities of Hospitals/Health Unit Cleaner (Safaiwala) have been listed.

xiii. An advertisement inviting applications for engagement of 257 House Keeping Assistant (Medical) posts on full-time contract basis was published on 27.07.2018 on www.rremas.in website, as well as in newspapers like the Hindu, Daily Thanthi and Malayala Manorama. Under Para 3 of the General Conditions, it was specifically stated that, "Full time Contract staff who enters into contract with the Railways will not have any claim or right for his/her regularisation or absorption in Railway Service."

xviii. As many as 39 of the 202 contractual HK As, whose regularisation is being insisted upon by the applicants in this OA, had been initially engaged only after this decision of the Railway Board to engage over and above the sanctioned strength in the cadre.

xix. The Railway Board, vide letter, dt. 30.06.2022, communicated that it has been decided to extend the engagement of retired para-medical staff and hiring of para-medical staff.on contract basis (in Group C) within the sanctioned strength against clear vacancies for a further period of one year beyond 30.06.2022, ie., upto 30.06.2023, subject to clear availability of funds. Hiring of contractual staff shall be governed by the existing terms and conditions. The said letter further stipulated that engagement/hiring of para-medical staff (in Group C), on contract basis, should mandatorily be done through the Government e-Marketplace (GeM) only, which is a one-stop marketplace hosted by the Directorate General of Supplies and Disposals where common user goods and services can be procured by the Government Ministries and Departments. xx. Applicant no. 2 has moved this OA seeking regularisation of contractual service of 202 HKAs including himself. Further, one of the trade unions operating in the Southern Railway, viz., Dakshin Railway Employees Union, which is the 1" applicant has sought regularisation of the contractual service of 202 contract HK As in Railways, claiming that their termination is retrenchment which is highly illegal, unjust and arbitrary. The engagement, as contract HKA, is purely a contractual agreement between the railway administration and willing individuals.