UNION OF INDIA Vs. RAMAKANT

JUDGEMENT

(1.) Union of India, through the General Manager, North Eastern Railway, Gorakhpur and Deputy Chief Engineer, Gorakhpur Area, North Eastern Railway, Gorakhpur, have challenged the judgement and order passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 5.11.2008, passed in Original Application No.602 of 2005 'Ramakant and others vs. Union of India and others'. The tribunal allowed the original application after noticing that applicants' claim is covered by the judgement of the tribunal dated 20.11.2006, passed in Original Application No.190 of 2002 'Naumi Nath and others vs. Union of India and others' and in that view of the matter the respondents were directed to consider the claim of the respondent-applicants, and also all other similarly situated persons in their organization, by calling such persons including applicants, who fulfil requisite qualification, in accordance with relevant guidelines/circulars on the subject, to hold medical test/screening test etc. in order to finalize absorption of the applicants in class IV, against available vacancies in the scheduled caste quota subject to their eligibility as per requisite criteria under law.

(2.) The respondent-applicants filed Original Application No.602 of 2005. Challenging the order dated 12.4.2004, whereby their claim has been rejected, with a further prayer to re-engage and regularize the respondent-applicants within a fixed period.

(3.) Prior to it the respondent-applicants had filed Original Application No.334 of 1997 with the similar prayer to consider and regularize their cases. The Central Administrative Tribunal, Allahabad Bench, Allahabad, vide its order dated 24.11.2003, disposed of the original application permitting the applicants to file a detailed representation staking their claim for re-engagement/absorption etc., and the same was to be considered and disposed of by the competent authority, in accordance with law, by means of a reasoned and speaking order. Pursuant to this direction of the tribunal, the claim of the respondent-applicants have been considered and rejected vide order dated 12.4.2004.