SEFALI MAZUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, who claims to be vending at their deferrent stalls as well as with Pan-dalas on the platform of the Tinsukia Railway Station, though, had initially approached this Court seeking a writ of mandamus to the respondents to issue to them Commission Vendors Licence to pursue the above assignments of theirs, have now extended their relief seeking appointment in Group-D posts in the Railways.

(2.) I have heard Mr. G. P. Bhowmik, learned counsel for the petitioners and Mr. U. K. Nair, learned Standing Counsel, NF Railways. Also heard Mr. G. N. Sahewalla, Senior Advocate assisted by Mr. N. A. Singh, Advocate for the Indian Railways Catering and Tourism Corporation (hereafter for short referred to as the Corporation ).

(3.) THE father of the petitioner No. 2, namely, Munilal Shah also was a lease-holder in respect of a Pan-dalas at the Tinsukia Railway Station in 1970 and was issued a Commission Vendor's Licence after 1984. The petitioner No. 2 was engaged as a helper to him by the Railways on 22. 07. 1988. The whereabouts of the father of the petitioner No. 2 has not been traced out since July, 1988, whereafter, the petitioner No. 2 was allowed to vend with his Pan-dala on the same terms and conditions. The father of the petitioner No. 3, namely, Janak Shah (since deceased) was also a lease-holder with Pan-dala at Tinsukia Railway Station since 1960 and after his death in the year 1972 his wife, namely, Radhika Devi (since deceased) got substitutes in the said capacity and she was issued a Commission Vendor's Licence after 1984. She having expired in the year 2000, her son Ram Naresh Shah was earlier issued a helper's licence on 27. 03. 2000, and has continued on the same terms and conditions.