CHOUDHRY SAO Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the writ applications are heard together and are being disposed of by this common order.

(2.) THE petitioners in the two writ applications have questioned the validity of the order of the Divisional Superintendent (Commercial), N. E. Railway, Samastipur, dated 28 -11 -1974, as contained in Annexure 2 of C. W. J. C. No. 2374 of 1981; under which order sanction was accorded to the payment of the revised scales of pay to casual labours, mates and supervisors, who had attained temporary status of a Railway employee at the scales and designation mentioned therein. According to them, they were mates who had attained temporary status of a Railway employee and by designating them as tindal and giving to them the scale of pay of Rs. 200. -250 the Divisional Superintendent, respondent 4, reduced them in rank and denied to them the scale of pay of a mate, which was/is higher than that of a tindal. They have moved this Court under Arts. 226 and 227 of the Constitution praying for quashing the said order and to direct the respondents to give them the benefits as mates who have acquired temporary status of Railway employees.

(3.) FACTS in this are generally not in controversy which precisely are that the petitioners were employed by M/s. North Bihar Handling Company, a contractor of the R E. Railway to work as mates at Garhara. They remained in the employment of M/s. North Bihar Handling Company until it was decided to absorb as Railway servant the employees of the said company engaged for the services of the Railway. The total number of such workmen was 1800 but Railway administration was not prepared to appoint all of them. As a result of negotiations a committee of local executives, workmens representatives and the Railways worked out a scheme which was drawn in writing in the form of a memorandum by the Deputy Commercial Superintendent, N. E. Railway at Garhara. Under this memorandum the Railway agreed to engage a minum of 1200 labours including all the categories i.e. supervisors, office staffs and mates, etc. at casual labour rates. It contemplated preparation of a panel out of the applications for utilisation as casual labour for selection. The representatives of the labour agreed to submit a list of 1200 men duly approved by the Scrutinising Committee by 17 -12 -1973. The petitioners were accordingly selected and brought to the Railway service as casual labour.