NILABEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed by the petitioner, who was aged about 57 years in the year 2004 and had lost her husband. It is really painful to put on record that a limb of the Government i.e. Indian Railways is working more harsh than a Private blood -sucker. A poor lady having no other alternative joined as 'Substitute Railway Primary School Teacher' on 06/02/1979. She was granted temporary status w.e.f. 07/10/1984 and at the end of 24 years of services, she has to accept 'Discontinuation', as she could not get selected in the process of selection for regularization.

(2.) This Court is at loss to understand that as to what she was doing for all these 24 years and what was the nature of selection, which she could not pass to get regularized. If she was so worthless that she cannot pass the simple test for regularization, then why she was continued by the railways for long 24 years. At the fag -end of her life and at the stage when she lost her husband, she has to accept discontinuation only because she could not pass the selection for regularization.

(3.) The matter is having little chequered history. The poor petitioner was constrained to approach the Central Administrative Tribunal more than once, but every time, she could not get any relief due to technicality and super -technicality of the process. Today, she is before this Court being aggrieved by judgment and order passed by the Central Administrative Tribunal, Ahmedabad Bench [herein referred to as the Hon'ble Tribunal'] in Original Application No.519 of 2003 dated 17/06/2004, whereby, the Hon'ble Tribunal has dismissed the petition, taking an approach which can certainly be called technical.