Cb 1N THE HON'BLE HIGH COURT OF JUDICATUR T BILASPUR (CHHATTISGARH) I WRIT PETITION No. l l 3 3 /2002 PETITIONER (S) RESPONDENTS‘ DAKHSIN -PURVA RAILWAY- COOLIE ~KALYAN SAMITI (SOUTH EASTERN RAILWAY L/ PORTERS WELFARE ASSOCIATION) BILASPUR RLY. STATION, BILASPUR VERSUS I. SR. DIVL COMMERCIAL MANAGER l? ‘ w (SUPDTT) S E RLY BILASPUR w/ BILASPUR RLY STATION BILASPUR 2. DIVL. RLY. MANAGER/THE CHIEF STATION MANAGER SE RLY. BILASPUR - DIVISION BIMSPUR 3. THE CHIEF COMML. MANAGER/ SR. D.C.M./GENERAL MANAGER SOUTH EASTERN RAILWAy 14 STRAND ROAD (VIIITH FLOOR) KOLKATTA - 1 (w.B.) {4"4. ' UNION OF INDIA, Through Secretory, Ministry of Railways, Rail Bhavan, New- Delhi. WRIT PETITION UNDER THE ARTICLES 236/227 %*__ OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF E SUITABLE WRIT ORDER (S) OR DIRECTION(S) . m_*_ PARTICULARS OF THE PETITIONER(S) :— As per the cause title. 2. PARTICULAR/S OF THE RESPONDENTS;- As per the cause title, E A I'm/ ‘ (D? HIGH COURT OF CHHATT$SGARH : BKLASPUR WRIT PETiTlON NC).1412 OF 2002. PETITIONER Ranway Licensed Porters Sahkaa'i Samiti Maryadit Versus RESPONDENTS Union of ind§a & Others Mazdcor WRIT PETITION NO.4995 OF 2004 Riy. CooHe Kalyan Samiti" Versus Union of india & Gthers RESPONDENTS WRIT PETITION NG.1133 OF 2002 PETlTi0NER PETiTiONE Rai‘way Licensed Porters “Dakshin Puwa R Dakhsin Pun/a Raiiway Coolie Kalyan Samiti Versus RESPONDENTS Sr. Divi. Cemmerciai Manager (Suptdtt), S.E. R!y. Biiaspur & Others ‘ And WRIT PETITION NOV-4865 OF 2004 PETITIONER Railway Licensed Porters “Dakshin Purva Riy. Cdoiie Kalyan Samiti" Versus RESPONDENT$ Union cf India & Others (Writ petiiions under Articie 226;?27 of the Constitution of India) Single Bench : Hon’bie Shri Satish K. Agnihotri, J. Present :- Shri Ashieh Shrivastava, counsel for the petitioner in WPINOJ 41 2 of 2002. Shri JA. Lohani: counsel for the petitioner in W.P.No.4995 of 2004, W.P'.No.1 133 of 2002 and W.P.No.4865 of 2004. Shri Amit Chaudhari and Ms Naushina Afrin Ali, standing counsel for the respondents. OR R O Lg (Passed on this 18 day of January, 201 0) ince W.P.Nos.1412 of 2002, 4995 of 2004, 1133 o 2W2 and 4865 of 2004 involve the same questian of law and, as such, they aw being disposed of by this common order. At the very outset, ,Shri Amit Chaudhri appearing with Me: Naurshina Afri Ali, iearned standing counse! for the respondents n submits that the policy decision has been ake pursuant to the tn Railway Board's lelier dated 1-4—2008 addressed to the General Manage (P), All India ailways fo poiment censed Porters r R r apnt of ii o of Gngn. n the ditional adat to the pst ame l ad ffivi dated 11—1 -2010 the followin avern a been d g mets hve mae : “(i) Only those license porters wiil b considered o aointmen who were pesin a vali iicense terms of extnt rules as on ,26!2/2i)08 Le. the date of announcemen of arliament. (ii) Educational qualification may be kept as ‘Read and Write’. (iii) The appointment witl be subject to surrendering the license and badge and right to be a license porter. No subsequent transfer or“ license wouid be aiiowed. (iv) The genuineness and authenticity of every ciaimant as a license porter for appointment is to be established and authenticated by the Sr. DOM. (v) The screening for appointment will be done by a Committee of 03 (three) Jr. Scale Gfncers of Commerciai. Personnel and Civil Engineering Department nominated by Divisional Railway Manager. The Screening Committee wouid adjudge the candidates as per appointment criteria inciuding ‘read and write'. The recommendations of the Screening Committee wouid be approved by DRM. However, their placement will be done within the zonal jurisdiction in which they are working as iicense porters.” a, iwixwiWP s v-r u S f e fr ppt. osssg d in a t P As the palicy decisien has been taken by the Raiiways and there i5 no grievance with regard to the said pmicy decision, aiijhe writ peiitions are dispased of. However: liberty is reserved to the members of the petitioners, if their grievance stiii survives, tc approach the authorities concerned by filing fresh representations with regard to their individual grievances if a representation is made by the respective members of the petitioners to the authorities concerned, the same shaii be considered and decided in accordance with law, policy decision & after affording an opportunity of hearing to the respective members of the petitioner and pass orders accordingly. Copy of this order be placed on the records of W.P.Nos.1412 of 2002, 4995 of 2004, 1133 of 2002 and 48% of 2004. ’(’ / Gowri /VV Sadsh K Agmho _ Judge ’