The All India Other Backward v. The Chief Personnel Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.12.2019
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.16880 of 2018 and W.M.P.Nos.20071 and 20072 of 2018 The All India other Backward Classes Railway, Employees Association (Reg.No.291/94) Rep. By its Organizing Secretary-Mr.K.Chellappa, No.97, Fishcher Roadm, Ayanavaram, Chennai-600 023.
.. Petitioner ..Vs..
1.The Chief Personnel Officer, Southern Railway, Chennai-600 003.
2.The Senior Personnel Officer, Southern Railway, Chennai-600 003.
3.The Gerneral Manager, Southern Railway, Chennai-600 003.
4.All India O.B.C. Railway Employees' Federation, Rep. by its General Secretary, Room No.48-GF, Railway Board, Rail Bhavan, New Delhi-110001.
5.Mr.P.J.Jayagopal 6.Mr.R.Azizullah Baig .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of certiorarified Mandamus, to call for all the records relating to the impugned order circular No.P(s)171/OBC/Federation dated 17.04.2018 issued by the Chief Personnel Manager, Southern Railway, the first respondent herein, and quash the same and consequently direct the first, second and third respondents herein to cooperate and nominate responsible officers to oversee the elections by secret ballot to be conducted to the posts of President and General Secretary
of the petitioner Association as requested by the petitioner Association in their representation dated 05.06.2018. For Petitioner : Mr.J.Thilagaraj For Respondents : Mr.P.T.Ram Kumar
O R D E R
The petitioner has filed the present Writ Petition for issuance of a Writ of certiorarified Mandamus, to call for all the records relating to the impugned order circular No.P(s) 171/OBC/Federation dated 17.04.2018 issued by the Chief Personnel Manager, Southern Railway, the first respondent herein, and quash the same and consequently direct the first, second and third respondents herein to cooperate and nominate responsible officers to oversee the elections by secret ballot to be conducted to the posts of President and General Secretary of the petitioner Association as requested by the petitioner Association in their representation dated 05.06.2018.
2.Mr.Ram Kumar, learned counsel appearing for the respondents would submit that that the writ petition has been filed challenging the circular dated 17.04.2018, wherein, the names of the President and General Secretary nomination list was published. In the very same circular, it is stated as follows: "The above mentioned persons will continue in these posts till further orders or a newly legally valid body is elected and assumes the charges, whichever is earlier, as mentioned in the letter referred above."
Subsequently, on 30.18.2018 the list of Office Bearers of the Zonal Executive Committee was published by the Southern Railway.
3. In view of the same, the Writ Petition is dismissed as infructuous.
No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar tta
To, 1.The Chief Personnel Officer, Southern Railway, Chennai-600 003.
2.The Senior Personnel Officer, Southern Railway, Chennai-600 003.
3.The Gerneral Manager, Southern Railway, Chennai-600 003.
4.All India O.B.C. Railway Employees' Federation, Rep. by its General Secretary, Room No.48-GF, Railway Board, Rail Bhavan, New Delhi-110001.
+2cc to Mr.J.Thilagaraj, Advocate, S.R.No. 10080 +1cc to Mr.P.T.Ram Kumar, Advocate, S.R.No. 100913 W.P.No.16880 of 2018 NMI(CO) GN(09/01/2020)