Debangsu Basak, J.

1. Four writ petitions concerning identical issues are taken up together for hearing with the consent of the parties.

2. For the purpose of appreciating the facts giving rise to the issues in the four writ petitions, the factual matrix of W.P. No. 336 of 2009 is dealt with. The facts in the other three writ petitions are similar to that of W.P. No. 336 of 2009.

3. The writ petitioners contend that, the Rationalisation Scheme being General Order No. 1/2007 dated 22, 2007 and the Special Rates Circular dated March 27, 2007 and the amendments thereof are ultra vires the provisions of Section 71 of the Railways Act, 1989.

4. It is contended on behalf of the writ petitioners that, the Rationalisation Scheme has been issued by the Railway Board. The Indian Railway Board Act, 1905 invests the Railway Board with certain powers of functioning under the Indian Railways Act, 1890. The Railways Act, 1989 has repealed the Indian Railways Act, 1890. The Indian Railway Board Act, 1905 has not been amended to empower the Railway Board to act in terms of the Railways Act, 1989. Consequently, the Railway Board has no jurisdiction to issue the Rationalisation Scheme being Gen