Anjani Kumar, Sudhir Agarwal- - (1.) THIS writ petition is directed against the order dated 17.8.2004 passed by the Central Administrative Tribunal allowing Original Application No. 640 of 1997 filed by respondent No. 2, directing the Railway authorities to formulate scheme for regularization and conferment of the status of Railway servant to the Ayurvedic/Homeopathic doctors working in Railway Dispensaries run by Staff Benefit Fund Committee and till such scheme is formulated to ensure payment of such emoluments and honorarium as may be equal to the part time Allopathic doctors and permit them to issue certificate of Medical Fitness/Sickness as provided in Indian Medicine Counsel Act, 1970 and the Homeopathic Central Council Act, 1975.
(2.) LEARNED counsel for the petitioner submitted that the respondent No. 2 is neither an employee of the Government of India nor a person in any manner aggrieved by his conditions of service but filed the aforesaid original application claiming himself to be the President of Unregistered Association of the Doctors Homeopathic and Ayurvedic System of Medicine, Indian Railway, and thereunder. Section 19 read with Section 22 of the Administrative Tribunal Act, 1985 (hereinafter referred to as 'Act') and Rule 5 of Central Administrative Tribunal Rules, 1987 (hereinafter referred to as 1987 Rules), the original application itself was not maintainable and the order in question passed by the Tribunal is without jurisdiction. The facts in brief giving rise to this petition are that the respondent No. 2 Sanjay Kumar Singh filed the aforesaid original application seeking following relief : (a) That a mandamus be issued calling upon the opposite parties to grant to the Homeopathic and Ayurvedic Doctors the same conditions of service as is being given to the Allopathic part time Doctors with facilities of treatment investigation for self and family free travelling facilities with family and to attend conservances accommodation metal pass. (b) Direction be issued to the opposite parties to eliminate and do away with the discrimination being practiced upon the Homeopathic and Ayurvedic Doctors. (c) Mandamus be issued calling upon the opposite parties to grant them all the benefits which are admissible to the Railway Servants just as it is being given to the Allopathic Doctors. (d) Mandamus be issued to the opposite parties to regularise the services of the Doctors of Homeopathic and Ayurvedic system of Medicine. (e) Mandamus be issued to the opposite parties to grant to the Homeopathic and Ayurvedic Doctors the same amount pay, allowances which are given to the part time Doctors employed by the Railway either employed regularly or on contract and part time. (f) any other relief which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case. (g) Award cost of the case to the applicant. The respondent No. 2 disclosed his identity as President of Unregistered Association of the Doctors Homeopathic and Ayurvedic System of Medicine, Indian Railway. In para 1 of the original application while giving details of the order against which the said original application was being filed stated that in exercise of powers given to him by the aforesaid unregistered association to do any and everything for welfare and well being of the Members of Association, he is filing the said application.
(3.) THE petitioners filed their counter-affidavit before the Tribunal in which at the outset, raised plea of maintainability of the petition and in para 3 thereof, contended as under : "That in reply to paras 1, 2 and 3 of the petition, it is stated that the present petition has been filed by an unregistered Association of Homeopathic and Ayurvedic Doctors engaged by the Staff Benefit Fund Committee of the Railway and they have not been engaged or appointed by the Railway Administration and are not Railway Servants and as such the present petition is not maintainable in this Hon'ble Tribunal as the petitioner and members of the said Association are not holders of a Civil Post. It is further stated that in a similar case filed by the Homeopathic/ Ayurvedic Doctors engaged by the Staff Benefit Fund Committees. Hon'ble Cuttack Bench of C.A.T., vide their order dated 2nd February, 1999 in O.A. No. 408 of 1997 have held that they have no jurisdiction to entertain the application under Section 19 of the Administrative Tribunal Act, 1985. Copy of the order dated 2.2.1999 is attached to this reply as Annexure-CA1." Moreover, it was also contended that the Homeopathic and Ayurvedic Doctors have not been engaged by the Railways Administration, but they have been engaged under the aegis of Staff Benefit Fund, which is a separate entity created as a measure of staff welfare. The Staff Benefit Fund is made out of contributions of Railway employees and the said doctors have been engaged by the Staff Benefit Fund Committee on fixed monthly honorarium basis as per the terms and conditions set out in their letters of engagement. The Staff Benefit Fund Committee consists of the members drawn from Railway as well as recognized unions of Railway and are responsible for administering the scheme. It is also pointed out that besides maintaining the Ayurvedic and Homeopathic Dispensaries, the Staff Benefit Fund Committee also engage various other kind of persons for various other activities. Therefore, the aforesaid Ayurvedic and Homeopathic doctors are not holders of civil posts and Railway servants. Reliance was also placed on the order dated 2.1.1999 of the Central Administrative Tribunal Cuttack Bench on O.A. No. 408 of 1997, Dr. Satya Prakash and another v. Union of India and others, holding that the persons employed by the Staff Benefit Fund Committee are not Railway servants and do not hold any civil post under the Railways.;