PRATIBHA BANERJEE, J. - (1.)This C.R. 11369(W)/1982 was received by this Tribunal on transfer under Sec. 29 of the Administrative Tribunals Act, 1985 and was registered as T/A 28 of 1991. In spite of notice served by the Registry by registered post with A.D., none of the respondents appeared in this case. No affidavit -in -opposition or reply was filed by the respondents in Calcutta High Court or in the Tribunal against this application. Hence, the matter is heard ex parte as it is a very old matter, pending since 1982.
(2.)These are 105 applicants in this case. They had joined Eastern Railway from 1942 onwards as Khalasis and thereafter, were gradually promoted to the present posts as mentioned in the cause title of this application. It is their case that they had faithfully served the Railway concerned throughout. It is also stated that Loco Running Staff called an agitation and stopped work from 29.1.1981, which continued till 24.2.1981. During this period, many employees did not and/or could not attend to their duties as they were prevented by the strikers. On account of that, the Railway authorities adopted a policy of victimisation by passing illegal and arbitrary orders of removal from service under Rule 14(ii) of the Railway Servants (D & A) Rules, 1968, including orders for break -in -service and reversion in utter disregard to the extent rules and regulations. It is the case of the applicants that they could not join their duties during that period due to ailments for which they had produced medical certificates to the authorities concerned. Without consideration of these medical certificates, arbitrary orders for break -in -service were passed against the applicants, but the said orders were not communicated to them.
(3.)The applicants state that they had no knowledge of the aforementioned orders upto January, 1982. When their juniors were given promotion in January, 1982, in supersession of their rightful and legitimate claims, the applicants made enquiries and came to know about these illegal Orders passed on the allegation of their abovementioned absence from duty. As a result, their leave was forfeited, increment was postponed and they were treated as new entrants in service from the dates of reporting to their duties. The applicants collected the arbitrary orders of break -in -service which are annexed collectively as annexure 'A'.
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