Basuki Nath Das And ORS v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12110 of 2017 1.
Basuki Nath Das Son of Late Lakshmi Kant Das Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar). 2.
Rajeev Kumar Son of Late Yogendra Rai Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar). 3.
Satish Chandra Son of Late Sita Ram Choudhary Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar). 4.
Mukesh Ranjan Son of Sri Shambhu Prasad Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar). 5.
Kanhai Kumar Son of Bishwanath Ram Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar).
6.
Narendra Kumar Mahto Son of Sri Shankar Mahto Loco Pilot ( Shuting)/II, Diesel Lobby, East Central Railway, Narkatiyaganj, Under Samastipur Division (Bihar). ... ... Petitioner/s
Versus
1.
The Union of India through the General Manager, East Central Railway, Hajipur, District - Vaishali (Bihar).
2.
The General Manager (Personnel), East Central Railway, Hajipur, District - Vaishali (Bihar).
3.
The Divisional Railway Manager, East Central Railway, Samastipur (Bihar). 4.
The Senior Divisional Personnel Officer, East Central Railway, Samastipur (Bihar).
5.
The Senior Divisional Mechanical Engineer, East Central Railway, Samastipur (Bihar).
6.
The Divisional Mechanical Engineer (Power), East Central Railway, Samastipur (Bihar).
7.
The Senior Section Engineer (Loco), East Central Railway, Narkatiyaganj (Bihar).
8.
The Senior Section Engineer (Loco), East Central Railway, Darbhanga (Bihar).
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Munna Prasad Dixit Advocate Mr. S. K. Dixit Advocate Mr. Sanjay Kumar Chaubey Advocate Mr. Shailendra Kumar
Patna High Court CWJC No.12110 of 2017(3) dt.31-10-2017 2/3 Advocate Mrs. Swastika Advocate For the Respondent/s :
Mr. Amaresh Kumar Sinha Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 31-10-2017 Heard learned counsel for the petitioners and counsel for the Railways. Perused the order, dated 01.08.2017, passed in O.A. No. 258 of 2016, by the Central Administrative Tribunal, Patna Bench, Patna.
The petitioners have taken a chance by moving the Central Administrative Tribunal, because they in unison want to refuse grant of benefit of promotion conferred upon them. What is the reason for doing so is not for us to investigate, but these are matters which come within the domain of administration and since the employer knows best, whom to use and in what position and what level, the Tribunal has rightfully refused to interfere with the decision taken and we are in agreement with the decision and the reason provided by the Tribunal in refusing to make any kind of concession to the petitioners. Since the order does not suffer from any infirmity or any rule, as such, no interference is warranted with the order of the
Patna High Court CWJC No.12110 of 2017(3) dt.31-10-2017 3/3 Tribunal.
Writ Application stands dismissed.
(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U