Rajesh Kumar And Others v. Union Of India And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.11.2022 Rajesh Kumar and others -Petitioners

Versus

Union of India and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Rajesh Bansal, Advocate for the petitioners.

Mr. Shivoy Dhir, Sr. Panel Counsel for the respondents.

**** RAJ MOHAN SINGH, J. (Oral) The petitioners have preferred this writ petition for the issuance of an appropriate writ in the nature of mandamus, directing the respondents to grant licences for running food stalls at Railway Station, Karnal and for that, the petitioners shall abide by all the terms and conditions of the licence. On 10.10.2022, following order was passed by this Court:- "Learned counsel contends that the petitioners

-2are working as employees of the Food Stall Vendors at Railway Station, Karnal for the last more than 10 years. The Railway Department has issued licences to the contractors and those contractors have availed the services of the petitioners on the stalls. Now, the petitioners seek to be inducted as the contractors under the same policy of allotment.

Learned counsel for the petitioners seeks time to place on record the relevant documents to show that the petitioners have also applied under the same policy for the relief in question.

Adjourned to 03.11.2022."

Learned counsel for the respondents submits that as of now, there is no cause of action in favour of the petitioners as the licences have not been issued in their favour. The petitioners are only outsourced employees of the contractor and have no right as such for their absorption in any regular cadre. At this stage, learned counsel for the petitioners submits that this petition may be dismissed as withdrawn with the liberty to the petitioners to file an appropriate application before the competent authority after fulfilling all the necessary terms and conditions of the policy for allotment of food stall vendor at Railway Station.

In view of nature of controversy involved in the present case, this petition is ordered to be dismissed as withdrawn, however, with the liberty to the petitioner to approach

-3the competent authority after fulfilling all the necessary criteria, if any, on the subject policy. In the event of filing such an application, the competent authority shall decide the same in accordance of policy on the subject and law.

29.11.2022 (RAJ MOHAN SINGH) Prince JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No