Union of India vs Dhanna Ram S/o Sh. Heera Ram

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.