ORDER

Per Justice Om Prakash VII, Member-J The applicant has filed this Original Application (OA) seeking the following relief(s):-

1. “ To issue a suitable order or direction in the nature of certiorari quashing the impugned orders dated 08.04.2010 and 31.12.1997 issued by the respondent no.2 shown as Annexure No. 1 and A-2 to this OA in Compilation No. I.

2. To issue a suitable order or direction by way of mandamus directing the respondents to regularize the services of the applicant in Group „C‟ category on the post of ESM w.e.f.

getting the APS/CPC scale instead of Group „D‟ with all consequential benefits.

3. To issue any other suitable order or direction which this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of the present case.

4. To award the cost of the application in favour of the applicant from the respondents.”

2. The facts of the case, in brief, are that the applicant was initially appointed on the post of Casual E.S.M-III in Group „C‟ Category on 25.09.1989 after competing the written examination followed by skill test as well as viva voce. The applicant had undergone medical examination on 09.10.1990 on the post, in question, wherein he was found fit for regularization in Group „C‟ Category. On completion of requisite number of days as Casual labour on the post, in question, the applicant was granted temporary status w.e.f.

06.10.1990 vide letter dated 31.12.1990 in the pre-revised pay scale of Rs. 950-1500/-.

2.1 It is averred in the OA that the SPO, Construction, NE Railway, Gorakhpur issued a letter dated 04.09.1997 for regularization of casual employees who were working in Group „C‟ post having been granted temporary status. Thereafter, the respondent no. 2 issued a letter dated 27.11.1997 addressed to all Dy. C.S.T.E Construction, NE Railway (Respondent no. 4) for holding a trade test for regularization of employees working in Group „C‟ category, but he did not conduct the same. Being aggrieved, the applicant along with the employees on the same footing preferred a representation before the General Manager (P), NE Railway, Gorakhpur on 31.12.1997 with a request to regularize their services in Group „C‟ post, but the said authority did not pay any heed on the request of the applicant. It is also pleaded by the applicant in the OA that the similarly situated employees viz. S/Sri Uma Shankar, Karuna Tiwari, Safikur Rehman and Om Prakash, who were working on same footing like the applicant, have been promoted in the pay scale of Rs. 4500-7000/- without considering the claim of the applicant.

2.2 According to the applicant, the D.S.T.E, Construction, Gorakhpur issued another letter/order on 24.07.1998 whereby similarly situated employees, like the applicant, have been promoted on the post of E.S.M. Grade I without considering the claim of the applicant.

2.3 Railway Board issued a circular dated 15.05.2002 addressed to the General Manager (P), NE Railway, Gorakhpur for regularization of casual labour, who have passed trade test in their first attempt by treating them to be regularized in Group „C‟ post from the date of getting APS/CPC scale. The applicant claims that he is also entitled to be regularized in service on Group „C‟ post of E.S.M. Grade III on the ground that he had already passed the trade/skill test in his first attempt scheduled to be held on 09.10.1990. The applicant also cites the decision of this Tribunal dated 23.01.2003 rendered in OA no. 818/1998 in re. Sayed Azahar Imam Vs. Union of India and Others in support of his claim and seeks parity of that very decision.

According to the applicant, the aforesaid judgment of this Tribunal has been complied with by the respondents.

2.4 The applicant also pleads that the respondents issued a letter dated 20.02.2004 for regularizing the services of all employees working in Group „C‟ category. Thereafter, the respondent no. 3 issued a office