By the Court.—This writ petition has been filed by the petitioners-Railway Administration challenging the order of the Central Administrative Tribunal, Allahabad dated 16.5.2011 passed in Original Application No. 104 of 2010 and the order dated 16.8.2011 passed in the Review Application No. 56 of 2011.

2. Briefly stated the facts of the case are that an original application was filed by the respondents being Original Application No. 104 of 2010 for a direction to the Union of India, Railway Administration to treat the applicants (respondents herein) as permanent Railway Parcel Porters with effect from their first day of joining as Substitute Parcel Porter with arrears of pay.

3. The case of the respondents before the Tribunal was that they were working on as contract workers in eight hourly shifts for loading and unloading of goods in the train for twenty four hours. It was also stated that a Writ Petition No. 277 of 1998 was filed before the Supreme Court under Article 32 of the Constitution of India by 166 Railway Parcel Porters as contract labour for a direction to the Union of India for their permanent absorption as Railway Parcel Porters. The Supreme Court by order dated 4.10.1989 directed the Labour Commissioner, Uttar Pradesh to enquire as to whether the writ petitioners were working as contract labour at the railway station and submit his report. The Labour Commissioner, Uttar Pradesh submitted his report after conducting a detailed enquiry on 17.10.1990 and, thereafter, the writ petition was allowed by the Supreme Court by its judgement and order dated 15.4.1991 and a direction was issued to the Railway Administration to treat the respondents as Railway Parcel Porter and to give them regular salary. Thereafter, other writ petitions were filed being Writ Petition (Civil) No. 507 of 1992, Writ Petition No. 415 of 1992,Writ Petition No. 82 of 1993 and Writ Petition No. 838 of 1992 which all were decided by order dated 9.5.1995. Thereafter writ petitions being Writ Petition (Civil) No. 568 of 1995 and Writ Petition (Civil) No. 711 of 1995 were filed, which were ultimately decided by the Supreme Court on 8.7.1996.

4. According to the respondents, in compliance of the direction given by the Supreme Court in the aforesaid writ petitions, the Railway Administration issued letters of appointment to all the respondents. A copy of the letter dated 7.12.2008 has been filed alongwith the writ petition (page 72 of the present writ petition). According to the respondents, they are still being treated as Substitute Parcel Porter although the appointment letter does not say so and are being deprived of the benefits of Parcel Porter.

5. The case was contested by the Railway Administration before the Central Administration Tribunal and a counter-reply was also filed. The case of the Railway Administration in para 3 of the reply is that the North Central Railway,Head Quarter, Allahabad vide Memorandum dated 10.12.2010 have taken a decision for re-designating 284 Group ‘D’ posts as Parcel Porters and thus 284 posts of Parcel Porters have been created and the process of absorption of the applicants (respondents herein) has been commenced through the Karmik Department.

6. In the present writ petition a supplementary affidavit has also been filed and in para-4 of the supplementary affidavit it has been stated that the posts of Parcel Porters were created with effect from 10.12.2010 and in these circumstances regularisation of the respondents w.e.f. 1997 is neither feasible nor possible. The reason for the same is that before 10.12.2010 the post of Parcel Porter was not available in Group-D category against which the respondents could be regularized. A rejoinder-affidavit has also been filed in which the facts stated in the writ petition have been reiterated. Thereafter, a supplementary rejoinder-affidavit has also been filed and reference has been made to the judgment of the Supreme Court in the case of All India Railway Parcel & Goo