Jainath Prasad v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7871 of 2016 ====================================================== Jainath Prasad, Son of Late Bhagwat Prasad, Resident of Village- Dhobia Kalapur, P.O.- Dhobia Kalapur, District- Patna. ... ... Petitioner/s

Versus

1.

The Union of India through General Manager, East Central Railway, Hajipur.

2.

The General Manager, (Personnel), East Central Railway, Hajipur. 3.

The Divisional Railway Manager, East Central Railway, Danapur, Patna. 4.

The Senior Divisional Personnel Officer, East Central Railway, Danapur, Patna.

5.

The Senior Divisional Electrical Engineer, East Central Railway, Danapur, Patna.

6.

The Senior Divisional Financial Manager, East Central Railway, Danapur, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Govind, Advocate For the Railways :

Mr. D. K. Sinha, Sr. Advocate with Mr. Kumar Manish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 25-11-2021 Heard learned counsel for the parties.

Admittedly, the petitioner was transferred from Mugalsarai to Patna and was put at the bottom of the seniority list. He impugned this action before the Central Administrative Tribunal, Patna but remained unsuccessful. On merits, no issue now survives in the petition besides the fact that the petitioner

Patna High Court CWJC No.7871 of 2016 dt.25-11-2021 2/2 retired in the year 1997, hence due to lapse of time also many issues have become redundant. However, the petitioner has one grievance that had his matter been considered in the right prospective, he would have got a higher pension. Learned counsel for the petitioner submits that the matter may be disposed of but he may be granted liberty to file a representation to the concerned Railway authority regarding his claim for higher pension.

We accept this prayer and dispose of the writ petition with liberty to the petitioner to make a representation regarding his claim for higher pension.

(Rajan Gupta, J.) (Mohit Kumar Shah, J.) P. Kumar/Anand Kr.

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