MAHESH CHAND BHAGAWA Vs. UNION OF INDIA

JUDGEMENT

(1.) C. A. No. 11863/1995

(2.) The Tribunal considered the question of absorption of the appellants in the commercial organisation and came to the conclusion that these employees had been posted on temporary basis with the commercial department while still having their lien in the Loco Shed and even drawing their wages from the Loco Shed and as such they have not acquired any right to be absorbed in the commercial department. With this conclusion the Tribunal having dismissied the application filed, the present appeal has been preferred.

(3.) Mr. P.N. Misra, the learned senior counsel appearing for the appellants, strenuously contended that there has been a violation of the provisions of the circular inasmuch as instead of taking steps for absorption of the deployed surplus staff in the commercial department, fresh recruitments have been made from outside and, therefore, the impugned order directing repatriation to the Loco Shed and their absorption in TRS must be held to be contrary to the aforesaid circular of the Railway Administration and should be struck down. From the impugned judgment of the Tribunal it does not appear to us that such a case has at all been made out. That apart, if the appellants all along had been born in the cadre of Loco Shed and had been deputed on temporary basis to the commercial department when they were declared surplus, retaining a lien in the Loco Shed and even drawing their salary from the Loco Shed for all practical purposes they had been born all along in the cadre of Loco Shed and therefore, they cannot claim a right of permanent absorption in the commercial department. By the impugned order dated 30th Oct. 1992, the Railway Administration has repatriated them to their parent organisation and has directed absorption in TRS/TRD Department which cannot be held to be violative of any provisions of the circular nor does it affect any rights of the appellants.