LAWS(PAT)-1969-5-13

SOMU KUMAR CHATTERJEE Vs. DISTRICT SIGNAL

Decided On May 23, 1969
SOMU KUMAR CHATTERJEE Appellant
V/S
DISTRICT SIGNAL Respondents

JUDGEMENT

(1.) C.W.J.C. No. 360 and C.W.J.C. No. 361 of 1968 have been directed to be heard along with C.W.J.C. No. 289 of 1968, as the common questions of facts and law are involved in all these three writ applications. Hence they have been heard together and this judgment will govern them all.

(2.) There are in all 73 petitioners in the three writ applications:

(3.) The petitioners after continuous service of six months acquired the status of temporary railway servants and the facilities and benefits of temporary railway servants were given to them in pursuance of D.O. letter No. E/ClR/Rect/6/5411 dated May 14, 1963 from the District Electrical Engineer, Katihar (Annexure 2) and thereafter they were given the scale of pay as recommended by the Central Pay Commission and they were also paid annual increments, when they fell due. They were also allowed the benefits of paid casual leave, sick leave and earned leave. The Railway Board by its circular No. E (NG) 64-CL/25 dated January 29, 1966 (Annexure 3) clarified that the continuity of the labourers after acquiring temporary status would count for the purposes of post-retirement passes and they were also allowed to carry forward the leave at their credit to any new post. Fifty-eight years was fixed as their age of retirement. The Railway Board by its circular No. E/NG-15 CL/13 dated August 22, 1962, directed that casual labourers would be employed in regular vacancies and provided that casual labourers who acquired the status of a temporary servant would have a prior claim over others to permanent recruitment and without going through employment exchanges, their cases would be considered for regular employment. The petitioners have alleged that the Railway Board by its circular No. E/NG/63-REI/32 dated December 21, 1966 ordered that the staff rendered surplus in project, constructions etc., need not submit their applications in the usual form, applicable for outsiders, for applying for the advertised posts, but the full service particulars of such staff together with their qualifications may be forwarded to the Screening Committee by the Railway Project Construction concerned. It was further directed by the Board by its circular No. E/(NG) 65-CL/10 dated February 26, 1965 that no preference should be given to open market candidates (outsiders) over casual labourers on grounds of literacy. The Railway Board has further directed by its circular No. E/(NG) 60-CL/13 dated August 18, 1962 that such casual labourers who had attained temporary status would be entitled to the benefits of Discipline and Appeal Rules The Chief Personnel Officer, as per his letter No. E/212/11 (c) Pt. (iv) dated October 23, 1962 (Annexure 4) forwarded extract of Sections 25F and 25FFF from the Industrial Disputes Act, 1947 to all the District Officers etc., for their guidance.