AMRITA SINHA,J. - (1.) The petitioner nos. 1 to 4 claim that they are carrying on the job of loading and unloading goods or commodities or consignment for earning their livelihood in and around the Howrah Railway Station. They claim they are locally known as 'Blue Porters', and performing the job for a considerable period of time. They made representation before the railway authorities from time to time to consider their case for issuing license in their favour. As the Authorities did not take any step to consider their representation, the petitioners approached before this Court by filing W.P. 9925(W) of 2002 praying for issuance of a writ of mandamus commanding the respondent authorities to forthwith grant porter's license in their favour. Vide order dated 23rd July, 2002 this Hon'ble Court directed the General Manager to consider the grievances of the petitioners as mentioned in their representation and to pass a reasoned order upon hearing the representatives of the petitioners. The respondent authorities had been restrained from interfering with the functioning of the petitioners till the matter is finally decided by the General Manager. The railway authorities fixed a date of hearing but as none appeared on behalf of the petitioners the matter was decided ex-parte. The petitioners challenged the ex-parte decision of the railway authorities by filing writ petition being W.P. 292(W) of 2003 which was disposed of vide order dated 30th March, 2007 whereby this Court had been pleased to set aside the order of the General Manager dated 12th December, 2002 and the General Manager has been directed to re hear the whole matter and decide the same in terms of the earlier order passed by this Court on 23rd July, 2002. Pursuant to the order passed by this Court on 30th March, 2007 the General Manager considered the case of the petitioners afresh and passed a reasoned order on 16th May, 2007 which is impugned in the instant writ petition.
(2.) The petitioners submit that their case had not been considered in the proper perspective in accordance with the orders passed by this Court on earlier occasions. It is further submitted that the entire order had been passed on a work study report of the efficiency cell of the railway's, copy of which had not been provided to the petitioners and accordingly they could not challenge the contents of the same. It is further submitted that there is serious derth of porters in the Howrah Station area and the case of the petitioners be considered for issuance of license in their favour.
(3.) The railway authorities have filed opposition wherein a Circular dated 22nd December, 2006 has been annexed. From the said circular it appears that the railway authorities have taken a decision for filling up of the vacancies of licensed porters. The Railway Board have decided that the Selection Committee for filling up the vacancies of the licensed porters shall satisfy themselves about the antecedents and physical fitness of the candidates to perform the duties of license porters in order to ensure that the passengers do not find any difficulty in securing the services of license porters. Railways decide to review the strength of the licensed porters at various stations on the basis of the traffic handled at the station and the requirement of the passenger. On the basis of the said assessment if the number of licensed porters are considered inadequate at a particular station, railways may initiate the process of engaging additional licensed porters for which the applications from willing candidates may be called for through Press Notification.;