All India Other Backward Classes v. Railway Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN Writ Petition No. 9126 of 2021 and WMP Nos. 13749 & 15848 of 2021 -- All India Other Backward Classes Railway Employees Association, Reg.No.291/94 (Recognised by Ministry of Railways), 97, Fisher Road, Ayanavaram, represented by V.Muralikrishnan, General Secretary, Southern Zone .. Petitioner
Versus
1.Railway Board Ministry of Railways Government of India New Delhi, rep. by Deputy Director/Estt. (Res) 2.The General Manager, Southern Railways, Chennai 600 003.
3.The Principal Senior Personnel Officer, Southern Railway, Chennai 600 003.
.. Respondents Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 and 2 to ensure compliance of the Board's letters dated 06.10.2020, 22.12.2020 and 20.01.2021 by the third respondent and thereby direct the third respondent to revoke the illegal list circulated by the Southern Railway vide letter dated 30.10.2018 and circulate the list submitted by the petitioner on 18.3.2018 within a limited time frame.
For Petitioner :
Mr. M. Ravi For Respondents :
Mr. P.T.Ramkumar
O R D E R
The relief sought for in this writ petition is to issue a Writ of Mandamus directing the respondents 1 and 2 to ensure compliance of the Board's letters dated 06.10.202, 22.12.2020 and 20.01.2021 by the third respondent and thereby direct the third respondent to revoke the illegal list of Office bearers
circulated by the Southern Railway vide letter dated 30.10.2018 and circulate the list submitted by the petitioner on 18.3.2018 within a limited time frame.
2.
According to the petitioner, the respondents 2 and 3, who are bound to implement the direction of the Railway Board, has failed to adhere to the directions of the Railway Board in its letters dated 06.10.2020, 22.12.2020 and 20.01.2021 but extending the facilities to an illegal set of self-styled office bearers of Southern Railway Zonal AIOBC RE Association rather than circulating the list of duly elected Office Bearers as per the Bye Laws of AIOBC RE Association.
3. In the affidavit filed in support of the writ petition, it is averred that the list of office-bearers circulated by the Southern Railway Zonal Administration for extending the facilities, does not require the approval of the General Secretary of the AIOBC Federation, New Delhi. But Mr. S. Ramachandra Rao, who was functioning as General Secretary of the said Federation, had unilaterally modified the bye laws of the Federation to the effect that the Federation shall have control over the Zonal Association and the list approved by the General Secretary of Federation shall be biding on the Zonal Administration for circulation. According to the petitioner, such modification is totally in violation of the Railway Board's condition that the office-bearers of the Zonal OBC Associations should be elected through Secret Ballot.
After election, the list of newly elected office bearers was communicated to the 2nd and 3rd respondents for circulation and extending the facilities, but till date, the list of Elected Office bearers of the Zonal OBC RE Association has not been circulated by southern Railway. On the other hand the names of Mr.Azizullah Baig and Mr. P. Jayapal, who are not even primary members of Zonal Association, were nominated by the said Mr.S.Ramachandra Rao for Southern Railway AIOBC RE Association and their names have been circulated by the second and third respondents and the facilities have been extended to them. In the meanwhile, the Registrar of Societies (Central), New Delhi, vide its letter dated 07.10.2019, clarified that no amendments to the Byelaws of the Federation had been carried out as claimed by the said Mr.S.Ramachandra Rao.
The Railway Board by letter dated 06.10.2020 ordered that in view of the clarification issued by the Registrar of Societies (Central) New Delhi, in his letter dated 7.10.2019, it is declared that the list of office bearers circulated by the Board on 21.6.2019 is null and void and requested all General Managers of Zonal Railways to withdraw the facilities extended to the illegal AIOBC Zonal Association suggested by Shri. S. Ramachandra Rao and G. Prasad from 2016 to 2020. The Railway Board in its letter dated 20.01.2021 has informed all Zonal General Managers not to entertain any representation from Shri.S.Ramachandra Rao as President of AIOBC RE Federation, New Delhi and also not to give cognizance to any of his representations under the banner "Forum for Social Justice and Anti Corruption".
Railway Administration has not cancelled the list of office bearers for Southern Railway Zonal AIOBC Association circulated by it on 17.4.2018 and 30.10.2018 on the basis of list sent by Shri.S.Ramachandra Rao in spite of representations by the Petitioner on 17.12.2020 and 24.12.2020 requesting to cancel the lists circulated on 17.4.2018 and 30.10.2018. Having regard to the sane, the petitioner sent representation dated 25.1.2021 to respondents 2 and 3 requesting to circulate the list submitted by them on 19.3.2018, but till date, the 2nd and 3rd respondents have not considered the representation of the petitioner. 4.
After some arguments, the learned counsel for the petitioner sought permission of this Court to withdraw this writ petition with liberty to the petitioner to approach the competent civil court for appropriate relief.
5. In view of the above submission made by the learned counsel for the petitioner, granting such liberty, this writ petition is dismissed as withdrawn. Consequently, the miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msr/rsh To 1.The Deputy Director/Estt. (Res).
Railway Board, Ministry of Railways, Government of India, New Delhi.
2.The General Manager, Southern Railways, Chennai 600 003.
3.The Principal Senior Personnel Officer, Southern Railway, Chennai 600 003.
+1 cc to Mr.P.T.Ramkumar, Advocate Sr.NO. 53754 WP No. 9126 of 2021 RSI(CO) A.SK(08.12.2021)