Md. Rakib Hossain v. Union Of India And ORS.

27.02.2023 Ct. 5 D/L 5 ab WPA 4258 of 2023 Md. Rakib Hossain -VsUnion of India & Ors.

Mr. Bipul Kumar Mandal ... for the petitioner Mr. Sanajit Kumar Ghosh, Mr. Santosh Kumar Pandy ... for the respondents/Union of India The petitioner seeks a restraint on the respondent Eastern Railway from proceeding in terms of a Notice published on the website of the respondents dated 24th January, 2023 for engagement of Halt Contractors for selling of tickets at different stations in Malda Division, Eastern Railway. The petitioner seeks extension of his service as a Halt Contractor. The petitioner's service is due to expire on 18th April, 2023. The petitioner also claims to have made a representation to the respondents on 1st October, 2022, which has not been replied to till date.

After hearing learned counsel for the petitioner and the respondents, it appears that a Notification dated 24th January, 2023 put a cap of 5 years on the contract period as per the Railway Board's Policy dated

18th November, 2019. Clause E of the Notification also provides for extension of contract upon observing performance of the contractor.

In the present case, the petitioner's contract as a Halt Contractor is due to come an end on 18th April, 2023. Hence, the respondents are directed to consider the representation made by the petitioner and pass a reasoned order thereon within a week from today. A copy of the representation shall be made over to the respondents in the course of today, if not done already. This Court is not inclined to stall the impugned Notice dated 24th January, 2023.

WPA 4258 of 2023 is disposed of in terms of the above.

( Moushumi Bhattacharya, J.)