Ajay Kumar Verma (Guard) & Ors. vs Union Of India & Anr. on 10 October, 2011
3. That though the petitioners had been appointed as Coaching
Clerks, however, they sought grant of temporary status and
regularization after a period of three years, as according to them, they
were recruited in 1979 and relied on a decision of the Tribunal dated 4th
June, 1990 in the matter of Sh.Mohinder Kumar & Ors v. Union of
WP(C) No.7395/2011 Page 2 of 13
India & Ors. The petitioners also relied on the order dated 30th April,
2004 in an original application being O.A No.551/2002 wherein the
Mobile Booking Clerks were directed to be treated as regularized after
completion of three years of continuous service from the date of those
employees who had initially joined as Mobile Clerks. The petitioners had
made a representation seeking grant of temporary status on completion
of four months of continuous service since the day they were appointed
as daily wagers and to regularize their service on completion of the
three years period, though they had only been appointed to the regular
post of Coaching Clerks in 1985 through proper selection. The
representation of the petitioners was not considered, entailing the filing
of an original application No.870/2009 seeking direction to the
respondents to consider and decide their representation. The original
application No.870/2009 was decided by the Central Administrative
Tribunal by an order dated 9th April, 2009 directing the respondents to
dispose of the representation of the petitioners as per law. The
respondents through its Divisional Railway Manager decided the
representation of the petitioner by letter No.729-E/ET-1/Coaching/AKV
dated 29th June, 2009. The respondents rejected the representation and
observed that the petitioners were recruited directly as Coaching Clerks
through the Railway Service Commission, Allahabad and Muzaffarpur
in the year 1985, though they had also worked as Mobile Booking
Clerks for a certain periods but they had not been regularized from the
post of Mobile Booking Clerks to Coaching Clerks and consequently, the
WP(C) No.7395/2011 Page 3 of 13
benefit of circular dated 24th August, 1990 issued by the Headquarters
Office could not be extended to the petitioners. The respondent in their
order dated 29th June, 2009 observed as under:-