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High Court of DelhiCONT.CAS(C)/1586/2023

Ram Avtar v. Ashutosh Gangal & ORS.

2024-12-04Hon'Ble Mr. Justice Manoj Jain2 pages

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1586/2023 RAM AVTAR .....Petitioner Through:

Mr. Tarun Sharma, Mr. Abid Ali and Mr. Manek Sharma, Advocates.

versus ASHUTOSH GANGAL & ORS.

.....Respondents Through:

Mr. Raj Kumar, CGSC with Mr.

Ashish Bhardwaj, Officer of Railway.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 04.12.2024 1.

Learned counsel for the respondents submits that the representation of the petitioner, in terms of the specific directions passed by learned Division Bench of this Court on 13th September, 2023 in W.P.(C) No.12038/2023 were duly considered and an order in this regard was passed by Northern Railways, Delhi Division on 18th November, 2023 and the petitioner is now posted as Technician-III/PED (Pump Engine/ Electric Driver). 2.

It is submitted that as Electric Pump Driver, the petitioner is no longer required to come either on the Railway Track or within the vicinity of moving train.

3.

On the basis of query put by learned counsel for the petitioner, learned counsel for the respondent, on instructions, also intimated that the petitioner would also not be required to climb over any train in discharge of his duty as a Pump Driver. It is submitted that his duty is only to 'switch on' and 'switch CONT.CAS(C) 1586/2023 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:40:57

off' the pump, away from railway line and away from moving trains. He is now posted in Railway Colony, Rohtak.

4.

Learned counsel for the petitioner has also been supplied with the copy of order dated 18th November, 2023.

5.

In view of the above, at the moment, learned counsel for the petitioner submits that he does not press his contempt petition. However, He submits that in case, even as a Pump Driver, he is asked to work in the vicinity of the Railway Tracks and near moving trains, he be permitted to revive the contempt petition.

6.

The petition is disposed of as not pressed.

7.

Liberty, as prayed, is granted.

MANOJ JAIN, J DECEMBER 4, 2024/ss CONT.CAS(C) 1586/2023 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:40:57