ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri Vinod Kumar, learned counsel for the applicants and Shri Manoj Kumar Sharma, learned counsel for the respondents, were present at the time of hearing.

2. The present original application has been filed seeking following reliefs:

“(i) issue necessary direction to the opposite parties to forthwith complete the exercise of appointment of applicants as Group – D employee pursuant to the advertisement no. NER/RRC/D/2007 (contained in Annexure No. A-1) within a reasonable period as this Hon’ble Tribunal may specify and to accord all consequential benefit to the applicants accordingly admissible under law.

(ii) an / or to pass such other and further order which this Hon’ble Tribunal deem fit and proper in the circumstances of the case.

(iii) award the cost of this original application to the applicants.”

3. The instant original application has been filed by the applicants with the prayer to consider the appointment of applicants against the selection process carried out on the basis of Advertisement dated 06.12.2007 and arrange to appoint the applicants on Group D category in the department and permit them to join in their respective posts on which they have been selected.

The brief facts of the case are that vide Advertisement No. NER/RRC/D/2007/1 dated 06/12/2007, applications were invited for appointment on Group D Posts in North Eastern Railways to which the applicants applied. The applicants appeared in the physical eligibility test followed by the written examination and subsequent stage of medical examination and document verification.

The OA contends that many candidates included in the selection list either failed to appear for medical examinations, were declared medically unfit, remained absent, or were debarred for various reasons so much so that it has been learnt that many posts of Group – D are still lying vacant. Applicants have contended that since the posts are still lying vacant therefore the waiting candidates are to be appointed against the same.

Further, through the OA and the arguments advanced during the hearing on the same, several illegalities and irregularities are alleged to have been committed at the end of the respondents as the applicants have contended that the respondents have changed the terms and conditions of the advertisement midway through the selection process which is not permissible according to law. Allegation has also been made that the entire selection process has been arbitrarily carried out and furthermore the respondents have reduced the number of vacancies midway through the selection process which has inflicted irreparable loss and injury to several candidates and the same is also not permissible according to law. The applicants have also contended that upon non-issuance of the results, the applicants have approached the competent authority of the respondents and got assurance of their selection but no selection has been made.

Applicants have also stated that they had earlier approached before this Tribunal through OA No 163 of 2013 which was decided on 13.02.2013 directing the respondents to consider the claim of the applicants but the respondents rejected the claim of the applicants vide order dated 17.06.2013 however, an assurance was given to the applicants that their appointment will be considered in the event of demand from the units of the department. Subsequently, the applicants filed this OA and the same was decided vide order dated 31.10.2018 and the OA was dismissed. Subsequently, the applicants approached before the Hon’ble High Court of Allahabad. The OA further contends that another O.A. No. 831 of 2013 filed by similarly situated candidates, was also dismissed by the Tribunal and the orders passed in all such OAs were challenged before the Hon’ble High Court of Allahabad through Writ A No 8561 of 2021 (Leading Writ Petition) and connected cases which was decided on 17.05.2024 remanding the case