K.P.ACHARYA, J. - (1.) In this application under Sec. 19 of the Administrative Tribunals Act, 1985, the applicants pray to quash the impugned order bearing No. ET -3/Hot Weather/NLDT dated 12th July, 1988, and further directing the opposite parties to reinstate/reengage the applicants forthwith with all consequential benefits.
(2.) Shortly stated, the case of the applicants (20 in number) is that they have been engaged by the Eastern Railway authorities as Hot Weather Staff on different dates between the years 1980 -81. After the applicants worked for more than 120 days in different spells, they have acquired temporary status as per the instructions issued by the Railway Board. The applicants, on regular appointment as casual Hot Weather Staff, had been supplied with proper identity cards issued by the competent authority. Furthermore, it is maintained by the applicants that the engagement list of the Hot Weather Staff for the year 1987 was published by the Malda Divisional Authority under letter No. EB/Hot Weather/MLDT/87 dated 30th March, 1987, and the names of the applicants did not appear therein, which gave rise to an apprehension in the minds of the applicants that they had been disengaged. Being aggrieved by this situation, they approached the Divisional Authority before whom their grievance was laid and after due investigation, the mistake was spotted out and soon thereafter, the Divisional Authority corrected the omission and in continuation of the said letter, an office order was issued as per annexure -4 series ordering re -engagement of the applicants as casual Hot Weather Staff. Later on 12.7.1988, the DOS, DPO and DSO had cancelled annexure -4 series. Consequently, the names of the applicants were again omitted. Being aggrieved by this order, this application has been filed with the aforesaid prayer.
(3.) In the counter, the opposite parties maintain that many of the applicants have not completed 120 days of work and some of them have not even worked for 25 days and therefore, they did no file any document to indicate that they have acquired temporary status. The identity cards annexed to the application has been issued by the Station Master who was never empowered to issue such identity cards which is wholly unauthorised. Hence, it is maintained by the opposite parties that the application should be in limine dismissed.;