NEHRUMAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioners has essentially challenged the order Annexure-5 dated 21.5.2001 pertaining to the guidelines for screening of the existing commission vendors who were running the stalls at the Railway Stations under the Western Railway more particularly in the case of the petitioners at Kota Junction. The background for this was that a scheme was formulated in accordance with the direction issued by the Hon'ble Supreme Court as contained in the order dated 13.12.1983 in Writ Petition No. 6804-05/1982 Shital Singh & Anr. vs. Union of India & Ors.

(2.) The Hon'ble Supreme Court took note of the fact that existing commission bearers and vendors had been making efforts by representing for their absorption in the service of the Railways and were basing their claim on the earlier circular of the Ministry of Railways dated 13.12.1976 issued by the Joint Director, Traffic Commercial (c) II, Railway Board wherein it was provided that the commission bearers and vendors would be absorbed progressively as members in permanent Railway service.

(3.) Despite the aforesaid order of the Hon'ble Supreme Court upholding the right for absorption the Railway Administration, it appears did not take the necessary steps till the policy in this behalf was enacted by the Ministry of Railways, Railway Board on 6.11.2000 which has been placed as Annexure-4 on record. As per the aforesaid guidelines contained as Annexure-4 dated 6.11.2000 the directions issued were that no recruitment through any channel would be made in the group D category in the catering department and these vacancies would only be filled through screening and absorption of commission bearers and vendors such as the petitioners for this purpose the order under challenged Annexure-5 came to be issued on 21.5.2001.