- (1.) By this application, the judgment and order dated 18th of November 2005, passed by the learned Central Administrative Tribunal, Calcutta Bench, has been assailed by the applicant.
(2.) Learned Tribunal had granted relief by the judgment impugned to a group of applicants by disposing of two applications, being O.A. 545 of 1999 and O.A. 109 of 2003. In the first mentioned application there are altogether 15 applicants whereas there were altogether ten applicants in the second application. However, the present application has been taken out by the Eastern Railway Authorities in connection with O.A. 545 of 1999. Since there is no challenge before us in relation to the order passed in respect of O.A. 109 of 2003 concerning South Eastern Railway, we need not pass any order on the application, being O.A. 109 of 2003.
(3.) Short fact of this case is that the applicants in O.A. 545 of 1999 admittedly had been, for long time, working as Commission Bearers/Vendors in the Railways Catering Department. The Railway Board, by its Circular No. 76 TG 111/639/11 dated 13th December 1976 decided that the persons working as Commission Bearers/Vendors would be absorbed progressively in the Railway Service. In spite of such circular no step was taken. In view of inaction on the part of different zones of the Railways, in 1982 two writ petitions were filed before the Hon'ble Supreme Court, being W.P. 6804-05 of 1982, Shital Singh & Anr. v. UOI & Ors. for enforcement of the aforesaid absorption on the strength of the aforesaid Railway Board Circular. The Hon'ble Supreme Court, by order dated 13th December, 1982 disposed of the said writ petition, taking note of the aforesaid Railway Board Circular and directing the Railway authorities to absorb registered Commission Bearers and Vendors on permanent basis in Railway service progressively as early as possible. Even though the said order was passed in 1983, the Eastern Railway authorities did not take any steps for progressive absorption. Being aggrieved by the inaction, the aforesaid applicants approached in 1999.;