Hon’ble Sudhir Agarwal, J.—Heard Shri B.K. Shukla and Shri Narendra Nath Srivastava, learned counsel for petitioners and Shri Abdul Moin, learned counsel for respondents.

2. Both the writ petitions have arisen from a common judgment and order dated 16.4.2012 passed by Central Administrative Tribunal (hereinafter referred to as “Tribunal”) Lucknow Bench, Lucknow deciding Original Application No. 114 of 2007 (Ashok Kumar Verma v. Union of India and others) and 389 of 2007 (Ajeet Kumar Srivastava v. Union of India and others) hence heard together and are being decided by this common judgment.

3. The relevant facts have minor differences in both the matters hence, we propose to refer the same separately.

Ashok Kumar Verma

4. He is applicant in Original application No. 114 of 2007. Ministry of Railways, i.e. Railway Board, (hereinafter referred to as ‘’RB’) vide Circular No. 72-TCI/106/26 dated 20.8.1973 informed acceptance of recommendations made by Convention Committee, 1971 for providing booking facilities at Railway Station and communicated the same to all General Managers of Indian Railways. The recommendations made by Railway Convention Committee, 1971 in their third report, “Commercial and allied matters” and second report, “sub-urban services” state as under :

“(i). Services of Volunteers from amongst student sons/daughters and dependents of Railway employees as Mobile Booking Clerks to work outside their college hours on payment of some honorarium during peak season or hot rush periods, such an arrangement would not only help the low paid employees to supplement their income but also generate among the students an urge to lend a helping hand to the Railway Administration in eradicating ticket-less travel;

(ii). Printing machines and other methods which can be pressed into service at Metropolitan and other busy Stations. Services of part time volunteers from amongst the sons and daughters of Railway employees to issue tickets at certain stations can be obtained.” (emphasis added)

5. RB accepted above recommendations and directed General Mangers as under :

“As regards employment of Volunteers from amongst the student sons daughters and dependents of Railway employees during the period of rush in vogue on the Western Railway, attention is invited to Board’s letter No. 70-TCI/106/68 dated 17.10.1970 addressed to all Railways (other than Western, N.E. and N.F.) wherein they were asked to introduce similar procedure for controlling long queues in consultation with FA and CAO. A copy of this scheme is also enclosed for NE and NF Railways. Board desire that the scheme should be introduced at selected stations where long queues trend to develop during peak hours alleviate hardship to passengers keeping the observations of the Committee in view.”

6. Keeping observations of Committee, it also recommended use of Printing Ticket Machines in Metropolitan and other busy stations.

7. vide RB’s wire-less dated 11.9.1981, engagement of Volunteers Booking Clerks (hereinafter referred to as ‘VBCs’) was directed to be continued by General Managers of Indian Railways. Thereafter, by circular dated 21.4.1982, issued by RB, it proposed regularisation of such VBCs. Para 2 of said letter reads as under :

“2. The question of regularisation of these volunteer Booking Clerks through screening by a Departmental Committee for absorption on the Railways was again discussed by the NFIR during the PNM meeting held with the Board on 23rd and 24th December, 1981. After taking into account all aspects of the case the Ministry of Railways have decided that these volunteer/Mobile Booking Clerks who have been engaged on the various Railways on certain rates of honorarium per hour or per day may be considered by you for absorption against regular vacancies provided that they have the minimum qualification required for direct recruits and have pu