UOI Vs. NAND KISHORE

JUDGEMENT

(1.) Since common question of law arises for consideration in the two captioned writ petitions, arguments were heard in both the matters on 18.10.2010 and decision was reserved. The present judgment decides both the writ petitions. Pertaining to W.P.(C) No.1932/2005 the relevant facts are that in the third report on commercial and allied matters published in the year 1991 Railway Convention Committee made recommendations for the employment of children and dependants of railway employees as Mobile Booking Clerks. The relevant portion of the said report reads as under:-

(2.) Vide circular No.70-Tel/106/68 issued in the year 1973, the Railway Board accepted the aforesaid recommendations of the Committee and framed a scheme for employment of volunteers from amongst the children and dependants of Railway employees as Mobile Booking Clerks and employed hundreds of persons under the said scheme. Thereafter on 14.08.1981 a decision was taken by the Railway Board to discontinue the said scheme. Relevant would it be to note that the ethos to appoint children and dependants of railway employees as Mobile Booking Clerks was, as noted by the Committee, relevant extract whereof has been noted in para 1 above, they having gained knowledge in the field of booking and issuing tickets during peak seasons.

(3.) On 21.04.1982 circular No.E(NG)II-77/RC1/80 was issued by the General Manager, All Indian Railways, regularizing the services of the persons who were engaged as Mobile Booking Clerks and had put in three years service as Mobile Booking Clerks. The said circular reads as under:-