WP(C) 899/2011 - Gauhati High Court

Page No. 1THE GAUHATI HIGH COURT AT GUWAHATI(The High Court Of Assam,Nagaland,Meghalaya,Manipur,Tripura,Mizoram and Arunachal Pradesh)PRINCIPAL SEAT AT GUWAHATI--------------------------------------------------------------------------------------------------------------------------CASE NO : WP(C) 899/2011District : NagaonCategory : 10057 (Order of the Appellate or Revisional authority. )--------------------------------------------------------------------------------------------------------------------------1 SWAPAN CHANDA & 54 ORSSON OF GOPALCHANDA LUMDING, NAGOAN, ASSAM.2 SRI SUBIR BHOMIKSON OF B.B. BHOWMIK,LUMDING, NAGAON, ASSAM.4 SRI MUHIR BHOMIKSON OF B.B.BHOWMICK,LUMDING NAGAON,ASSAM.6 SRI TAPAN BHATTACHARJEESON OF S. BHATTACHARJEELUMDING, NAGAON, ASSAM.8 SRI NAKUL MAZUMDARSON OF LT.N.K.MAZUMDAR, GUWAHATI, KAMRUP, ASSAM.10 SRI GANESH BAHADURSON OF LT. LAL BAHADURLUMDING NAGAON, ASSAM.12 SRI S.N. BHATTACHARJEESON OF B.P. BHATTACHARJEE,LUMDING NAGAON, ASSAM.14 SRI BISWAJIT GHOSHSON OF LT. D.B. GHOSELUMDING NAGAON, ASSAM.16 SRI NAKUL CH. DASSON OF LT. RAM JIBAN DASLUMDING NAGAON, ASSAM.18 SRI RAKHAL CH. DASSON OF LT. HARE KRISHNADAS, LANKA, NAGAON, ASSAM.20 SRI PRADIP KR. BHATTACHARJEESON OF S. BHATTACHARJEE,LUMDING NAGAON, ASSAM.22 SRI BHUPENDRA KR. DASSON OF LT.K.C. DASLUMDING NAGAON, ASSAM.24 BIPLAB KR. DASSON OF KHUDI RAM DASLUMDING NAGAON, ASSAM.26 SRI A CHATTERJEESON OF A.C. CHATTERJEELUMDING NAGAON, ASSAM.28 SRI GOPINATH DASSON OF A.N. DASLUMDING NAGAON, ASSAM.30 SRI RATAN SINGHS/O HIRALAL SINGHLUMDING NAGAON, ASSAM.32 SRI SAMIRAN MAZUMDARS/O LT. GOPAL MAZUMDARLUMDING NAGAON, ASSAM.34 SRI SUBHASH CH. DASSON OF J.K. DASLUMDING NAGAON, ASSAM.36 SRI TAPAN SIKDARSON OF LT. R.M. SIKDARLUMDING NAGAON, ASSAM.38 SRI SUNIL CHOWDHURYSON OF LT. B. CHOWDHURYCHAPARMUKH, NAGAON, ASSAM.40 SRI SANJIB KARMAKARSON OF J.G. KARMAKARLUMDING NAGAON, ASSAM.

42 SRI A.K. DUTTASON OF M.L. DUTTAHARANGAHOW, N.C. HILLS, ASSAM.44 SRI S. BHATTACHARJEESON OF A.K. BHATTACHARJEELUMDING NAGAON, ASSAM.46 SRI GAUTAM BISWASSON OF N. BISWASLUMDING NAGAON, ASSAM.48 SRI SUKUMAR DUTTASON OF LT. D.N. DUTTAGUWAHATI, KAMRUP, ASSAM.50 SRI KISHORE NATHSON OF U.L. NATHLUMDING NAGAON, ASSAM.52 SRI R. MALLICKSON OF D.C. MALLICKLUMDING NAGAON, ASSAM.54 SRI RATAN SIKDARSON OF LT. R.M. SIKDARLUMDING NAGAON, ASSAM.56 SRI UTTAM KR. DEYSON OF GANESH CH. DEYGUWAHATI, KAMRUP, ASSAM.58 SRI AJOY CHAKRABORTYSON OF A.R. CHAKRABORTYLUMDING NAGAON, ASSAM.60 SRI A. DEYSON OF LT. J.M. DEYLUMDING NAGAON, ASSAM.62 SRI SUBRATA BISWASSON OF SUKUMAR BISWASLANKA, NAGAON, ASSAM.64 SRI TAPAN ROUTHSON OF S.J. ROUTHJHATINGA, N.C. HILLS, ASSAM.66 SRI SWAPAN GHOSHSON OF K.L.GHOSELUMDING NAGAON, ASSAM.68 SRI RATAN BHATTACHARJEESON OF S. BHATTACHARJEELUMDING NAGAON, ASSAM.70 SRI BISHNU DUTTA,SON OF AMAR KRISHNA DUTTALUMDING NAGAON, ASSAM.72 SRI BRAJA GOPAL BHOMIKSON OF K.N. BHOMICK,LUMDING NAGAON, ASSAM.74 SRI CHANDAN ROY KARMAKARSON OF J. ROY KARMAKARLUMDING NAGAON, ASSAM.76 SRI PRADIP DEBNATHSON OF R. DEBNATHLUMDING NAGAON, ASSAM.78 SRI R.K. DEYSON OF LT. J. M. DEYLUMDING NAGAON, ASSAM.80 SRI MANOJ DASSON OF L. DASLUMDING NAGAON, ASSAM.82 SRI SHYAMAL BANIKSON OF S. BANIKLUMDING NAGAON, ASSAM.84 SRI SANJIB KR. ROYSON OF B.D. ROYLUMDING NAGAON, ASSAM.86 SRI UTTAM MAZUMDARSON OF A. K. MAJUMDARGUWAHATI, KAMRUP, ASSAM.88 SRI RAJU DUTTASON OF AMAR KRISHNA DUTTAGUWAHATI, KAMRUP, ASSAM.90 SRI ANIL RAYSON OF A. C. ROYLUMDING NAGAON, ASSAM.Page No. 1

92 SRI PRADIP KR. DEBNATHSON OF MONORANJAN DEBNATHLUMDING NAGAON, ASSAM.94 SRI UTTAM BISWASSON OF LT. A BISWASLUMDING NAGAON, ASSAM.96 SRI A.K. DEYSON OF ASHUTOSH DEYLUMDING NAGAON, ASSAM.98 SRI HARIPARA DASSON OF S. B.DASLUMDING NAGAON, ASSAM.100 SRI NANDA DULAL BHOMIKSON OF K.N. BHOWMICKLUMDING NAGAON, ASSAM.102 SRI KHOKAN MAZUMDARSON OF JOGESH MAJUMDAR,LUMDING NAGAON, ASSAM.104 SRI SUJIT DEB ROYSON OF AJIT DEB ROYLUMDING NAGAON, ASSAM.106 SRI DIPANKAR PAULSON OF MUKUT PAULLUMDING NAGAON, ASSAM.108 SRI S. ROYSON OF B.D. ROYLUMDING NAGAON, ASSAM.Petitioner/appellant/applicantVersus1 THE UNION OF INDIA & ORSREP. BY THESECRETARY TO THE GOVT. OF INDIA, MINISTRY OFRAILWAYS, RAIL BHAWAN, RAISINA ROAD, NEWDELHI, PIN-110001.2 THE GENERAL MANAGER (P),N.F. RAILWAY,MALIGAON, GUWAHATI-781011.4 THE DIVISIONAL RAILWAY MANAGER (P),N.F.RAILWAY, LUMDING-782447.6 THE DIVISIONAL PERSONNEL OFFICER,N.F.RAILWAY, LUMDING -782447.8 THE RAILWAY RECRUITMENT BOARD,GUWAHATI,REPRESENTED BY ITS CHAIRMAN, STATIONS ROAD,GUWAHATI-781001.Respondent/Opp. PartyAdvocates on record for Petitioner/app1 MR. B D KONWAR2 MRS. J M KONWAR4 MR. R KALITA6 MR. M K BORAH8 MR. R HUSSAIN10 MR. S DAS12 MR. P CHOUDHURYPage No. 1Advocates on record for Respondents1 SC, RAILWAY2 MR. A K SARKAR--------------------------------------------------------------------------------------------------------------------------Summary Of Case And Prayer In Brief--------------------------------------------------------------------------------------------------------------------------BEFOREHON'BLE MR. JUSTICE I. A.ANSARIHON'BLE MR. JUSTICE A.K.GOSWAMIDATE OF ORDER : 01/03/2011JUDGMENT AND ORDER(A.K.Goswami,j)

Page No. 1respondent authorities stated that the petitioners had not appliedwithin the stipulated time (31.03.1987) for inclusion of their names inthe live register/ supplementary live and as such, there was neitherany scope to enlist their names nor to verify the genuineness of theirclaims at this distant point of time. This order was again put tochallenge before the Tribunal in O.A. No. 84/2007 and confronted withthe fact that they had not filed applications for absorption prior to31.3.1987, the original application was sought to be withdrawn witha liberty to approach the respondent authorities for a properconsideration on merits after condoning the delay and accordingly, thesaid O.A No. 84/07 was disposed of on 21.01.2008. The petitionersmade representations to the respondent No. 2 on 17.04.2008 forconsideration of their cases on merit and also to take into considerationthe fact that many similarly situated persons were engaged in the posteven though they did not apply within the cut off date. Therepresentations being not attended to, O.A. No. 88/2009 so filed by thepetitioners, was dismissed on the grounds that the petitioners havemiserably failed to put up a prima-facie case.4. In the Tribunal, the respondents had taken two preliminary objections- firstly, with regard to the issue of res-judicata and secondly, withregard to maintainability of an application filed by 55 applicants. Aperusal of the judgment of the Tribunal indicates that no findings havebeen recorded by the learned Tribunal on the aforesaid two issues.It isapparent that in the two previous rounds of litigation, cases of thepetitioners had not been heard and finally decided on merits and,therefore, there is no merit in the contention raised with regard to resjudicata.With regard to the other contention, we may note that thepetitioners had approached by filing O.A No. 248/2006 and there was adirection by the Tribunal dated 23.10.2006 directing them to submitindependent representations before the authorities. In that view of thematter, we find that the petitioners cannot be non-suited on the groundof non-maintainability of the joint petition .5. The Tribunal because of non-furnishing of contemporaneousdocuments by the applicants to support their cases, took a view thatwhen the applicants had amicably failed to put up a prima-facie case intheir favour, the question of consideration of their prayers for condonethe delay does not arise.6. We find from the writ petitions that those statement has beenmade by the petitioners that the petitioners No 1 to 19 were engagedas casual labourers during the period of January,1979 toDecember,1979 under the Mechanical Department of the N.F.Railwaysat Lumding Division. It is also stated that the petitioners No. 20 to 55were engaged as casual labourers during the period 1988-1990 underthe Mechanical Department, Lumding Division, N.F.Railways.On theirown showing , they had not worked prior to 01.01.81and, therefore,the petitioners No. 20 to 55 cannot have the benefit of the circular inquestion which is applicable only to casual labourers who had workedprior to 01.01.81.7. However, as far as the petitioners No.1 to 19 are concerned,we areof the view, in the facts and circumstances of the case, the respondentauthorities, more particularly, respondent No.2 ,should consider anddispose of the representation dated 17.4.08 (Annexure P-16) of the writpetition. The petitioners No. 1 to 19 also submit the period ofengagement as casual labourers, which is stated to have been filedalong with the representation dated 27.2.95 Annexure (P-1) and anyother information that is available to them with regard to their beingengaged as casual labourers. They may do so within a period of 1month from today. The respondent No.2,then, shall consider the

Page No. 1representations and dispose of the same within a period of 3 months, inthe light of all attending facts and circumstances including whethertheir applications can be considered , though submitted beyond31.3.97.So far as the other petitioners are concerned, they may takesuch further steps as may be available to them in law.8. With the above observations and discussions, this writ petitionsstands disposed of.