UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF RAILWAY RAIL BHAW NEW DELHIAN Vs. SIYA RAM PASWAN SON OF SRI HARICHARAN PASWAN

JUDGEMENT

(1.) BOTH these writ petitions have been heard together because they relate to the same controversy between the same parties. CWJC No.7978 of 2008 has been preferred against order dated 30.1.2007 passed by the learned Central Administrative Tribunal, Patna Bench in Review Application no.9 of 2007 whereas the other writ petition has been preferred to challenge the main order of the Tribunal dated 27.1.2006 passed in OA No.597 of 2002.

(2.) WE have heard the parties first in respect of CWJC No.8052 of 2008 because relief was granted to the respondent casual labours by the Tribunal by the impugned order under challenge in this writ petition. On behalf of the petitioners, who are Railway and their officials, a strong exception has been taken to the direction of the Tribunal to relax the age limit of the respondents/ applicants who have become overage and then to take steps to regularize their service in Group D posts within two months. According to learned counsel for the petitioners, the Tribunal ignored the policy decision of the Railways apparent from RBE No.190/ 2001 (Annexure-4). From Annexure-4 it was shown that eligible ex- casual labours borne on the Live/ Supplementary Live Casual Labour Registers and fulfilling other conditions would be given age relaxation only upto the upper age limit of 40 years in the case of General candidate, 43 years in the case of OBC and 45 years in the case of SC/ ST candidates.