N THE HIGH COURT OF JUDICATURE AT BILAspUR (CHHATTISGARH) WRIT PETITION No.:— %5 35 1 2004. S.B. ETITI NER s Railway Licensed Porters, P . I / Members of the Bhatapara Ra11way Stat10n., Represented By Its PreSIdent Sukh Ram, A Co-operative Society duly registered under M.P.[C.G.] Co—operative Act 1960 bearing its Registration no. B s /670/10/06/2002 Havmg Its registered Off1ce at Railway Porters Rest House, Railway Station Premises at Bilaspur, Represented though their, Representative Badaou Prasad Pres1dent Dakshm Purva Rly Coolie Kalyan Sarn1t11 S E C Rly BilaSpur, [C.G.] -:VERSUS :- RESPONDENTS :- /1. Union orlndia. Through The Secretary, Ministry 0f Railways, Rail Bhavan, New-Delhi. 2. The Chief Comm. Manager/ General,Manager,South-Eastern-Rai1way. Head Quarter at Garden Reach Kolakata KOLAKATA, [ W. B.] 3. Sr. Divisional Commercial Manager / 7/ Sr.D.Comm.—Personal—Manager, /G.M./ Divisional Railway Manager, South Eastern Central Railway, Zonal Office at Bilaspur, Bilaspur{C.G.} 4.Sr. Divisional Commercial Manager, /Sr.D.Comm.-Personal-Manager, Divisional Railway Manager, South Eastern Central Railway, Raipur {C.G.} WRIT PETITION UNDER ARTICLE 226i 227 OF THE NV y CONSTITUTION OF INDIA FOR THE ISSUANCE ,OF ~31 THE DIRECTION S or ORDER S The Petitloner [s] named above most respectfully begs to submit as g under - g 1 / HICBH COURT GF CHHATTISGARH : B!LA8PUR WRIT PETI"’i‘i0N NCJ 412 OF 2002 PETITK‘JNER Railway Licensed Porters Mazdear Sahkari $amiti Maryadit Veé'sus RE$PONDENTS Union of india & Dihers WRIT PETITION No.4995 OF 2004 F’ETITIONER Raiiway Licensed Porters “Dakshin Pun/a R!y. Coolie Kalyan Samiti" Versus Union of India & Othea’s RESPGNDENTS WRIT FE'WTKJ‘N NOJ 133 OF 2062 Dakhsin Puiva Raéiwa‘y Caoiie Kalya’n Samiti VErsus Sr. DM. Cammerciai Mamagar ($uptdtt.), $.E. Riy. Biiaspur & Others And F’iETiTiONER RESPONDEM’HE; WRéT PETlTiGN NO.4865 OF 2004 PETlTiGNER Raiiway Licensed Porters “Dakshin Puma My. Ceciée Kalyan Samiti" Versus RES?GNDENT$ Union af India & athefs {Writ petliions under Articie 226i227 of the Constitution of india) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. Present :- Shri JA. Lahani. counsel for the petitianer in W.P.No.49§5 of 2004, w.P.No.1 1‘33 or 2002 and W.P.Na.4865 er 2004. Shrl Amit Chaud‘nari and Ms NauShina Afrln Ali, standing caunsel for the respondents. $hri Asmsh Shrivas‘gava, coun'sei for the petiticner in WP.NO.1 41 2 of 2002. ORDER ORAL'z (Passed 0n this 18 day of January, 201 0) \ “(K Since W.P.Nos.1412 of 2002, 4%5 of 2004, 1133 of 2002 ai1d 4865 of 2004 involve the same questicn of law and, as such, they are being disposed of by this common order. At the very outset, Shri Amit Chaudhri appearing with Ms Naurshina Afrin Ali, learned standing counse‘ for the respondents submits that the policy decision has been taken pursuant to the Raiiway Board’s ietter dated 1—4—2008 addressed to the General Manager (P), AH India Rahways fat appointment of iicensed Porters to the post of Gangmen. In the additional affidavit dated 11-1-2010 the following avermente have been made : "® Only thoee license poriew will be considered for appointment, who were possessing a valid license in terms of extant rules as on 26/212008 i.e. the date of announcement of Parliament. Educational qualification may be kept as ‘Read and Write’. ’ (iii) The appointment wiil be subject to surrendering the license and badge and right to be a license porter. No subsequent transfer of iicense would be aiiowed. (iv) The genuineness and authenticity of every claimant as a license porter for appointment is to be estabiished and authenticated by the Sr. DCM. (v) The screening for appointment will be done by a Committee of O3 (three) Jr. Scaie Gfr‘icers of Commerciai, Personnel and Civil Engineering Department nominated by Divisional Railway Manager. The Screening Committee would adjudge the candidates as per appointment criteria including “read and write'. The recommendations of the Screening Committee would be approved by DRM. However, their placement wiil be done within the zonal jurisdiction in which they are working as license porters.” As the poiicy dacisian has been taken by the Raiiwa‘ys and thére is no grievance wi’th regard t0 the said poiicy decisien, an the writ petitions are disposed of. However, Iiberty is reserved to the members of the petitioners, if their grievance stili survives, to appmach the authorities concerned by friing fresh representations with regard to their individuai 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, poiicy decision & after affording an opportunity of hearing to the respective members of the petitioner and pass orders accordingiy‘ Copy of this order be pieced on the records of W‘P.Nos.1412 of 2002, 4995 of 2004, 1133 of 2002 and 4885 of 2004. /// 7/ Sau'sh K. Agnihotri Judge Sd/- D U1 _r]o