Prakash Kumar And ORS v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6046 of 2018 ====================================================== 1.
Prakash Kumar, Son of Sri Satyendra Prasad Singh, Resident of VillageMohan Singh Ka Tola, PO and PS- Athmalgola, District- Patna, Pin Code803211 Bihar. 2.
Rintu Kumar Singh, Son of Sri Indradeo Singh, Resident of Village- Mohan Singh Ka Tola, P.O. and P.S.- Athmalgola, District- Patna, Pin Code, 803211 Bihar.
3.
Rajesh Kumar, Son of Deo Nandan Paswan, Resident of Village- Kampapar, P.O.- Ram Nagar, Karari Kachar, P.S.- Athmalgola, District- Patna, Pin Code- 803211 Bihar.
... ... Petitioner/s
Versus
1.
The Union Of India through the Secretary, Railway Board, Rail Bhawan, New Delhi-110001 2.
The General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur (Sadar), District _Vaishali, Pin Code -841001 (Bihar) 3.
The Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur (Sadar), District _Vaishali, Pin Code -841001 (Bihar) 4.
The Chief Security Commissioner, Railway Protection Force/NR, New Delhi- 110001.
5.
The Deputy Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, P. O. -Digghi Kalan, P.S.- Hajipur (Sadar), District -Vaishali, Pin Code -841001 (Bihar) 6.
The Chairman, Ancillary Recruitment Committee, Railway Protection Force, Patna Centre, Office of Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur (Sadar), District _Vaishali, Pin Code -841001 (Bihar) ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. M. P. Dixit, Advocate Mr. S. K. Dixit, Advocate Mr. S. K. Chaubey, Advocate Mrs. Swastika, Advocate Mr. Shailendra Kumar, Advocate For the Respondent/s :
Mr. Awadhesh Kumar Pandey, Sr. C.G.C.
Mr. Lokesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 04-03-2024 Heard learned counsel for the petitioners and learned
Patna High Court CWJC No.6046 of 2018 dt.04-03-2024 2/3 counsel for the Union of India.
2. Learned counsel for the petitioners submits that for redressal of grievances, the petitioners have filed their representation before the authorities concerned which are annexed as Annexure-3 series on which one line reply has been given that since the petitioners were not party to the said CWJC No.23062 of 2013 (Rajani Kant Ojha & Ors. Vs. The Union of India & Ors) and L.P.A. No. 1512/2014 (Rajani Kant Ojha & Ors. Vs. The Union of India & Ors) and L.P.A. No. 447 of 20165 ( the Union of India & Ors. Vs. Rajani Kant Ojha & Ors.), no action can be taken on the representation filed by the petitioners. He further submits that in a welfare state at least the petitioners are entitled to know as to what happened due to which their case has not been considered particularly when the case of other similarly situated persons have been considered.
3. Learned counsel for the Union of India submits that a direction may be given to the authority concerned to pass a reasoned and speaking order on the representation of the petitioners.
4. In the light of the submissions made by the parties, this Court directs respondent No.3, namely, the Chief Security Commissioner, Railway Protection Force, East Central Railway,
Patna High Court CWJC No.6046 of 2018 dt.04-03-2024 3/3 Hajipur that he shall pass a reasoned and speaking order on the representation filed by the petitioners within 90 days from the date of production of a copy of this order and after considering if it is found that the case of the petitioners is squarely covered with the case of the petitioners in the LPAs mentioned above then pass an order in favour of the petitioners.
5. With the aforesaid observation and direction, this writ petition stands disposed off.
(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 06/03/2024 Transmission Date NA