Delhi High Court
Union Of India And Ors. vs Rakesh Kumar And Anr. on 16 April, 2019
$~28.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision:16.04.2019
% W.P.(C) 3960/2019
UNION OF INDIA AND ORS. ..... Petitioner
Through: Mr. Jagjit Singh with Mr Preet Singh,
Advs.
versus
RAKESH KUMAR AND ANR ...... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MS. JUSTICE REKHA PALLI
VIPIN SANGHI, J. (ORAL)
C.M. No. 17955/2019
1. Exemption allowed, subject to all just exceptions. The application
stands disposed of.
W.P.(C) 3960/2019 & C.M. No. 17954/2019
2. The petitioner Union of India assails the order dated 16.11.2018
passed by the Central Administrative Tribunal, Principal Bench, New Delhi
(the Tribunal) in O.A. No. 2553/2018. By the impugned order, the Tribunal
has disposed of the respondent's original application by directing the
petitioner herein to continue the respondent applicants if there is work, in the
same capacity and on the same terms, in preference to their juniors, or
freshers, or outsourced employees.
3. The respondent applicants were engaged on contractual basis as
pharmacists by the petitioner - Railways since December, 2017. Their
contractual engagement was continued from time to time. They approached
the Tribunal by preferring the aforesaid Original Application, faced with the
communication dated 17.01.2018 issued by the petitioner on the subject of
filing up of group 'C' posts on contract basis by re-engagement of retired
employees in exigencies of service. This communication, inter alia,
contained the decision of the Government, which reads as follows:
"i. Filling up of posts of para-medical staff in Group 'C'
are permitted by re-engaging the retired employees as a
first preference. Such re-engagement should be done
as per extant guidelines including the ones contained in
Railway Board letter no. E(NG)-II/2007/RC-4/CORE/1
dated 16.10.2017 and 12.12.17.
ii. Only if retired para-medical staff is not available, the
option of recruiting such staff on contractual basis
should be exercised which should be done as per extant
guidelines including the ones given in letter no.
E(NG)II/2004/RC-4/SC/2 dated 19.07.2005.
iii. The scheme of filling of posts in para-medical categories
in Group 'C' on contract basis is valid till 30.06.2018
(Rly Board letter no. E(NG)II/2005/RC-4/SC/2 dated
22.06.17). The scheme is now extended to 30.06.2019
subject to compliance of para (i) and (ii) above.
iv. The monthly remuneration rates, for filling up posts in
para-medical categories in Group 'C' on contract basis,
are under revision. Therefore, recruitment of para-
medical staff on contract basis should be done only after
the revised rates are issued by Ministry of Railways.
v. The power of engagement of para-medical staff in Group
'C' on contract basis is delegated to DRMs for divisions and
CWMs for workshops. For rest of the units, existing delegation
will continue." (emphasis supplied)
4. Since the respondents were threatened with discontinuation of service
and their replacement by another set of contractual employees, they
approached the Tribunal. In their Original Applications, the Original
Applicants/ respondents had specifically assailed the communication/
circular dated 17.01.2018 issued by the petitioner. After taking note of the
same, the Tribunal has issued the direction, as aforesaid.
5. Learned counsel for the petitioner places reliance on the said
communication dated 17.01.2018 and submits that retired employees have
the first preference to be appointed on contractual basis, and only if retired
para- medical staff is not available, they have option of recruiting others on
contract basis.
6. It appears that the communication dated 17.01.2018 - laying down the
policy as aforesaid, itself is highly suspect. It is obvious to us that within the
organisation of the Railways, vested interests have led to the making of the
aforesaid decision. It is obvious that the serving staff of the Railways,
which is facing retirement, or would evidently retire in future, have lobbied
to safeguard their own interest by manipulating the powers that be, into
laying down the policy that posts of para-medical staff in Group 'C' should
be filed by engaging the retired employees, as the first preference.
7. This policy, in our view, is completely unfair and unwarranted. The
retired employees of the Railways are those who have rendered long tenures
of service and retired with retiral benefits such as pension, gratuity, etc. By
and large, they have lived their productive lives, and settled their families by
the time they retire. It is the younger generation, which is looking for
employment, and which is in need of employment to be able to earn their
living and settle themselves in their respective lives, whose needs deserves
to be addressed.
8. There is no reason, whatsoever, to grant preference to retired
employees. Inherent in the concept of retirement is the fact that the retired
employees, on account of their age, loose their motivation, desire and
efficiency. The decision of the petitioner Railways to re-engage them on
preference basis, and to deny such opportunities to young persons who are
full of zeal and motivation to give their best, is most unreasonable and
absurd, to say the least.
9. Pertinently, the two respondents, who approached the Tribunal were
only aged 26 and 27 years. They are now faced with ouster only on account
of the fact that the retired employees of the Railways, who would be in their
sixties, would be re-employed if the petitioners were to have its way.
10. For the aforesaid reasons, we are not inclined to interfere with the
impugned order. Accordingly, we dismiss this petition and also direct the
petitioner not to implement its communication/ circular dated 17.01.2018.
11. Dismissed.
VIPIN SANGHI, J.
REKHA PALLI, J.
APRIL 16, 2019
N.Khanna
