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Judgment
Notice on the contesting respondents in the captioned
petitions is dispensed with for the reason the benefit of restoration
of the Original Applications filed by the contesting respondents
which we propose to do would be to the benefit of the contesting
respondents.
The reason for writing as aforenoted is that the Original
Applications filed by the contesting respondents for being granted
service under the Indian Railways were dismissed by the Tribunal
by identically worded different orders on the reasoning that the
scheme under which they seek appointment is unconstitutional.
Against identically worded orders, in a reasoned decision the
Delhi High Court took the view that it was not for the Tribunal to
comment upon the constitutionality of the scheme and especially
without putting the parties to notice whereof. This Court has been
following the view taken by the Delhi High Court in a large number
of writ petitions.
The writ petitions are allowed. Order impugned in each writ
petition is set aside and the Original Application filed by the
applicant before the Tribunal is revived. The Tribunal is directed to
decide the Original Applications in light of the scheme framed and
the respective stands taken by the parties qua the scheme in
question.
No costs.