UNION OF INDIA Vs. K.CHELLAPPAN

JUDGEMENT

(1.) Correctness and sustainability of Ext.P3 order passed by the Tribunal in O.A.No.180/00346/2016 is under challenge at the instance of the respondents before the Tribunal; namely the Railways.

(2.) Heard the learned standing counsel for the petitioners and the learned Counsel appearing for the respondent.

(3.) The respondent herein was engaged as a casual labourer in the Railways whose engagement was put an end to in 1981 and thereafter, he was never called upon to do any work in the Railways. But later, pursuant to the verdict passed by the Apex Court in Inderpal Yadav and others vs. Union of India (1985 SCC (L&S)526), further steps were pursued by the Railways to consider the benefit of granting regularisation based on seniority. It was accordingly, that Annexure A1 letter dated 24.3.2003 was issued to furnish the particulars by the respondent. On analyising the particulars so furnished, it was found that the respondent had crossed the maximum age limit, which according to the Railways was 43. Hence, appointment was denied to the respondent, which was the subject matter of litigation before the Tribunal. After referring to the facts and figures, the Tribunal directed to reconsider the matter holding that age could not be a barrier in view of the fact that no such stipulation/rider was placed by the Supreme Court with regard to the benefit payable as per the verdict passed in this regard. It was accordingly, that the matter was reconsidered by the Railways, who passed an order of appointment on 24.10.2008 and the respondent came to be re-engaged from that day onwards.