The Advocate Association, Railway Claims Tribunal v. The General Manager, East Central Railway And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6547 of 2018 ====================================================== The Advocate Association, Railway Claims Tribunal, Mahendru Ghat, Patna4 through its Secretary Jitendra Prasad, Son of Late Hanuman Sharan Singh, R/o Road No.26 (A), Rajiv Nagar, P.S.- Digha, District- Patna. ... ... Petitioner/s
Versus
1. The General Manager, East Central Railway, Rail Niketan Hajipur, Bihar.
2. The Chief Administrative Officer, Construction Department (South), East Central Railway, Mahendru Ghat, Patna.
3. The Registrar, Principal Bench, Railway Claims Tribunal, Mall Road, New Delhi.
4. The Hon'ble Member (J.), Railway Claims Tribunal, Patna Bench, Mahendru Ghat, Patna.
5. The Hon'ble Member (T.), Railway Claims Tribunal, Patna Bench, Mahendru Ghat, Patna.
6. The Additional/Assistant Registrar, Railway Claims Tribunal, Patna Bench, Mahendru Ghat, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For Respondent Railways :
Mr. S.D.Sanjay, Addl. S.G.
Mr. Kumar Manish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-08-2018 A grievance which is voiced in the present Public Interest Litigation petition by the Advocate Association, Railway
2/4 Claims Tribunal, is not having sufficient parking facilities available and/or provided for advocates practicing in the Railway Claims Tribunal. Another grievance is that the advocates practising in the Railway Claims Tribunal are not even permitted to enter their vehicles in the campus of the Railway Claims Tribunal. In response to the notice issued by this Court, Sri S.D. Sanjya, learned senior counsel has appeared on behalf of the railway authorities. Counters/additional counters are filed. The latest is dated 26.06.2018 in which, along with the sketch, it is stated that a separate area has been earmarked for the advocates of Railway Claims Tribunal for parking of 3 four wheelers and 8 two wheelers.
Learned counsel appearing on behalf of railway authorities has further stated that the aforesaid earmarked parking for 3 four wheelers and 8 two wheelers as per the sketch annexed shall be exclusively for the advocates for the claimants appearing in the Railway Claims Tribunal as, so far as the department advocates are concerned there is a special provision made for their parking.
However, learned counsel appearing on behalf of respondent railways has stated that the difficulty would be with respect to the identification/identity of those advocates practising
3/4 on behalf of the claimants in the Railway Claims Tribunal as it is apprehended that some other advocates who are not practising in the Railway Claims Tribunal may also park their vehicles in the aforesaid places.
To the aforesaid, learned counsel appearing on behalf of the petitioner association has stated that they will be issuing either special identity cards and/or stickers to those who shall be the members of the Railway Claims Tribunal and appearing on behalf of the claimants in the Railway Claims Tribunal. In view of the aforesaid, the present Public Interest Litigation Petition stands disposed of by observing and directing the railway authorities to provide an exclusive parking for the claimants' advocates of the Railway Claims Tribunal as earmarked and so stated in the further counter affidavit dated 26.06.2018 and as per the sketch annexed therewith. However, it is observed that those claimants advocates practising in the Railway Claims Tribunal who will be having the Identity Card and/or having the stickers issued by the association and such Identity Cards to be counter-signed by the Assistant Registrar of the Railway Claims Tribunal, shall be permitted to enter the campus with their vehicles and shall be permitted to park their vehicles in the aforesaid earmarked parking space.
4/4 With this, the present application stands disposed of. (Mukesh R. Shah, CJ) ( Dr. Ravi Ranjan, J) K.C.Jha/Uma/- AFR/NAFR CAV DATE N/A Uploading Date 24.08.2018 Transmission Date N/A