By the Court.—This writ petition is directed against the order dated 17.8.2004 passed by the Central Administrative Tribunal allowing Original Application No. 640 of 1997 filed by respondent No. 2, directing the Railway authorities to formulate scheme for regularization and conferment of the status of Railway servant to the Ayurvedic/Homeopathic doctors working in Railway Dispensaries run by Staff Benefit Fund Committee and till such scheme is formulated, to ensure payment of such emoluments and honorarium as may be equal to the part time Allopathic doctors and permit them to issue certificate of Medical Fitness/Sickness as provided in Indian Medicine Council Act, 1970 and the Homeopathic Central Council Act, 1975.

2. Learned Counsel for the petitioner submitted that the respondent No. 2 is neither an employee of the Government of India nor a person in any manner aggrieved by his conditions of service but filed the aforesaid original application claiming himself to be the President of Unregistered Association of the Doctors Homeopathic & Ayurvedic System of Medicine, Indian Railway, and thereunder. Section 19 read with 22 of the Administrative Tribunal Act, 1985 (hereinafter referred to as “Act”) and Rule 5 of Central Administrative Tribunal Rules, 1987 (hereinafter referred to as 1987 Rules) the original application itself was not maintainable and the order in question passed by the Tribunal is without jurisdiction.

3. The facts in brief giving rise to this petition are that the respondent No. 2 Sanjay Kumar Singh filed the aforesaid original application seeking following relief:

(a) That a mandamus be issued calling upon the opposite parties to grant to the Homeopathic and Ayurvedic Doctors the same conditions of Service as is being given to the Allopathic part time Doctors with facilities of treatment investigation for self and family free travelling facilities with family and to attend conservences accommodation metal pass.

(b) Direction be issued to the Opposite Parties to eliminate and do away with the discrimination being practiced upon the Homeopathic and Ayurvedic Doctors.

(c) Mandamus be issued calling upon the Opposite parties to grant them all the benefits which are admissible to the Railway Servants just as it is being given to the Allopathic Doctors.

(d) Mandamus be issued to the Opposite parties to regularise the services of the Doctors of Homeopathic and Ayurvedic system of Medicine.

(e) Mandamus be issued to the Opposite parties to grant to the Homeopathic and Ayurvedic Doctors the same amount pay, allowances which are given to the part-time Doctors employed by the Railway either employed regularly or on contract and part time.

(f) any other relief which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

(g) Award cost of the case to the applicant.

4. The respondent No. 2 disclosed his identity as President of Unregistered Association of the Doctors Homeopathic & Ayurvedic System of Medicine, Indian Railway. In para-1 of the original application while giving details of the order against which the said original application was being filed stated that in exercise of powers given to him by the aforesaid unregistered association to do any and every thing for welfare and well being of the Members of Association, he is filing the said application.

5. The petitioners filed their counter-affidavit before the Tribunal in which at the outset, raised plea of maintainability of the petition and in para-3 thereof, contended as under :

“That in reply to paras 1, 2 and 3 of the petition, it is stated that the present petition has been filed by an unregistered Association of Homeopathic and Ayurvedic Doctors engaged by the Staff Benefit Fund Committee of the Railway and they have not been engaged or appointed by the Railway Administration and are not Railway Servants and as such the present petition is not maintainable in this Hon’ble Tribunal as the petitioner and members of the said Association are