A.P. Bhattacharya, J. - (1.) Mr. M. Lahiri, Learned Advocate leading Mr. G. Chowdhury, Learned Advocate appears for the applicants and moves this application for admission. Mr. M.M. Mallick, Learned Advocate appearing for the respondents opposes the application mainly on the ground of limitation.
(2.) In this application under Sec. 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for issuing a direction upon the respondents so that they may consider their cases for absorption after fresh Medical Examination in accordance with law as required for Class IV employees of the Eastern Railway.
(3.) The applicants were appointed as casual labourers in the year 1962. It is their contention that on completing six months' continuous service as such they had acquired temporary status. It is their further case that in consideration of their position, they were sent once for Medical Examination and in the said examination they were found unfit. Being aggrieved by such action of the respondents they filed a writ application in the Hon'ble High Court at Calcutta which was numbered as C.R. 1211 -W of 1973. From Annexure -D to the application we find that the said writ application was disposed of by the Calcutta, High Court on 20.5.1977 with a direction on the respondents to consider their case for absorption after further and fresh Medical Examination in accordance with law. It is submitted by Mr. Lahiri that the said Order passed by the High Court was slightly modified by an Order passed in. 1980. Unfortunately, that Order has not been annexed to the application. Be that as it may, what we find is that the present claim of the applicants is stale and hopelessly barred by limitation. Annexure -F shows that after the alleged amendment of the Order passed by the High Court in 1980, the applicants made a representation as late as on 7.1.1987, that means, about eight years after. We are not aware as to why the applicants had slept over their rights for so long a period.;