CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/00995/2023 M.A. 350/721/2023 DATE OF HEARING : 12.08.2024 DATE OF JUDGMENT: 22.08.2024 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member

1. Rabindra Nath Sinha, In the matter of :

Son of Sureswar Sinha, aged about

62 years, Retired Person, Group-D, residing at Village and Post Office- Baxipur, District- South 24 Paraganas, Kolkata- 700144.

2. Surendar Thakur, Son of Ramsagar Thakur, aged about 61 years, Retired Person, Group-D, residing at 1/28/5 Mirpara, Post Office- Liluah, District- Howrah, Pin- 711204.

………….Applicants VS.

1) Union of India, through the General Manager, Eastern Railway, Fairlie Place, Kolkata-700001.

2) The Divisional Railway Manager, Eastern Railway, Howrah- 711101.

3) The Sr. Divisional Commercial Manager, Eastern Railway, Howrah-711101. ........ Respondents For The Applicant(s): Mr. A. Chakraborty, Counsel Ms. P. Mondal, Counsel For The Respondent(s): Mr. S. Paul, Counsel O R D E R Per: Hon’ble Suchitto Kumar Das, Administrative Member The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“(a) Speaking order dated 06.07.2023 issued by Respondent No. 3 cannot be sustained in the eye of law and therefore the same be quashed.

(b) An order do issue directing the respondents to count 50% of the service rendered by the applicants in the post of Parcel Porter before their absorption in the Railway and also allow them to switch over to Old Pension Scheme as per DoP&PW’s Circular dated 03.03.2023.

(c) An order do issue directing the respondents to grant the applicant pension and also to pay arrears.”

2.

An M.A. bearing no. 350/00721/2023 has been filed by applicants praying for liberty to jointly pursue such original application.

On being satisfied that the applicants share a common grievance and are pursuing a common cause of action, such liberty is granted under Rule 4(5)(a) of CAT (Procedure) Rules, 1987, subject to payment of individual court fees.

M3..A. 350/00721/2023 is accordingly disposed of.

For the sake of clarity, facts in the case are delineated and discussed her3e.i1nunder :-

The applicants were working as Parcel Porters at Howrah station.

They were engaged through Shalimar Labour Contract and Cooperative S3o.2ciety Ltd.

A number of Writ Petitions were filed by Parcel Porters working at various stations in the Hon’ble Supreme Court under Article 32, for their absorption in the Railways as regular employees. The applicants also filed a Writ Petition under Article 32 in the Hon’ble Supreme Court with similar prayer. Hon’ble Supreme Court disposed of the Writ Petitions on

22.08.2003 (Annexure-A/1) with a direction upon the respondents in SLP No. 6560 of 2001 to absorb the writ petitioners subject to certain c3o.3nditions.

In order to implement the said order of the Hon’ble Supreme Court, Railway Board issued instructions dated 25.07.2005 (Annexure- A/2) inter alia stipulating that Parcel Porters with 10 years of experience th and a minimum qualification of Class-VIII pass would be considered for absorption. Railway Board’s letter dated 25.07.2005 was challenged in the Hon’ble Supreme Court, which dismissed the writ petitions with a liberty to t3h.4e p etitioners to approach the appropriate forum for relief.

OA nos. 937,942 and 1017 of 2007 were filed in this Bench of the Tribunal specifically challenging the provisions imposing the aforesaid conditions by the Railway Board in their letter dated 25.07.2005. The OAs were allowed and the respondents were directed not to insist on either minimum experience or minimum educational qualification for considering the cases for absorption of Parcel Porters in Railway service. Meanwhile, WP no. 640 of 2007 was filed in Hon’ble Supreme Court by the applicants challenging the Railway Board’s letter of 25.07.2005. Hon’ble Supreme Court issued a direction upon the respondents to adher