Suraj Kant Alok Dhan S/o Shri Sonika Oraon v. Union of India through the Secretary Railway Board, New Delhi
2025-02-06
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : ANANDA SEN, J. 1. Heard the learned counsel for the parties at length. 2. Petitioners have approached this Court for appointment in Loyal Quota in the Indian Railways. 3. In the year 1970-75, there was a large number of agitation and work stop in the Indian Railways. The Railway Minister at that point of time made an announcement in the Parliament that services of each Loyal staff would not go un-recognized.There was a scheme to appoint sons, daughters and dependents of the Railway Employees on compassionate ground who has rendered exemplary service during the strike period.The Circular was issued sometime in the year 1974 wherein these types of appointments were made by the General Manager through Railway Service Commission by which some persons were also appointed. The petitioners also seeks appointment under the said scheme as they claim themselves to be the dependent sons of the Railway employees who had given exemplary service during the strike time. 4. These types of appointments, is nothing but a back-door entry in the establishment of Railways. These types of appointments are made without following Constitutional provisions. The Hon’ble Supreme Court on several occasions have deprecated the back-door entry in the government service. 5. Further from the order dated 10.10.2018 passed by Principle Chief Secretary Commissioner/RPF South Eastern Railway, Kolkata (Annexed with Annexure-3 to the counter affidavit dated 27.07.2023 in W.P. (S) No. 6829 of 2017) , I find that the Loyal Quota is no longer in force after 31.12.1975 and no similarly situated person has been given appointment after withdrawal of such scheme. 6. Considering the aforesaid facts, no relief can be granted to the petitioners of these writ petitions. 7. Accordingly, these writ petitions are dismissed.