Valkar Balwant v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1234 of 2016

1. Valkar Balwant S/o Late V. Balaraj Aged About 48 Years R/o Matra Chaya, Kundru Badi, Behind Kashyap Colony, PS City Kotwali, Bilaspur Chhattisgarh 495001

2. Sanjay Singh S/o Shri P.N. Singh Aged About 42 Years R/o CYM, SECR Guard, PS - Torwa, Bilaspur Chhattisgarh, 495001 ---- Petitioners

Versus

1. Union Of India Through The Secretary Ministry Of Railways, Rail Bhawan, New Delhi 110001

2. General Manager, South East Central Railway, Bilaspur Division, Bilaspur, Chhattisgarh 495001

3. Deputy Chief Personnel Officer (C.O.M.), South East Central Railway, Bilaspur Division, Bilaspur, Chhattisgarh 495001 ---- Respondents For Petitioners : Shri A.V. Shridhar, Advocate.

For Respondents : Shri Abhishek Sinha, Advocate.

Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.

Order on Board Per Navin Sinha, Chief Justice 27/04/2016 1.

Learned Counsel for the Petitioners submits that in view of the conclusions arrived at by the Tribunal in O.A. No.69 of 2013 dated 10.3.2016, more particularly in view of the precedents quoted, the Tribunal ought to have directed consideration of the individual claims for financial up-gradation instead of directing individual representations to be filed. 2.

Learned Counsel for the Railways submits that the possibility of individual variations may always be there in common matters and therefore the Tribunal may

have been circumspect by directing individual representations to be filed so that there were no errors in the decision process. 3.

Upon consideration of the submissions of the parties, we find no reason to interfere with the order of Tribunal directing representations to be filed, but reiterate the time period directions for disposal as contained in the same. 4.

The writ petition is disposed.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Anu