LAWS(SC)-1998-8-4

SADHAN CHANDRA DEY Vs. UNION OF INDIA

Decided On August 27, 1998
SADHAN CHANDRA DEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellants were employed as Volunteers by the Eastern Railway to help the staff to check ticketless travel. They were paid Rs. 8/- per day. They had worked as such for a long time without a break. By an order dated 31-1-86, the D.R.M., Sealdah withdrew the scheme of utilising services of Volunteers. The appellants, therefore, challenged that order before the Central Administrative Tribunal. The said order was set aside and the Railway Administration was directed to treat all of them as casual employees with temporary status.

(2.) In spite of that order, the Railway Administration did not treat them as temporary employees and extend the benefits available to temporary employees. Therefore, they filed O.A. No. 439/88 before the Tribunal. That application was heard along with O.A. Nos. 139 and 420/88. All the three applications were disposed of by the Tribunal by a common order dated 31-7-90. The relevant part of the order is quoted below:-

(3.) It appears that pursuant to this order of the Tribunal, the Railway Administration of Asansol Division fixed pay of the applicants in one of those applications notionally, with effect from the date on which they were granted temporary status by the Tribunal. As that benefit was not extended by the Sealdah Division to the appellants, they approached the Tribunal by way of O. A. Nos. 1197, 1240 and 1243/93 and prayed for a direction to the Union of India and the railway authorities to extend similar benefit to them. The Tribunal dismissed those applications and therefore the applicants are now before this Court.