Allahabad High Court
Union Of India Thru G.M. N.C.R. ... vs Uma Shankar Sharma on 19 October, 2022
Bench: Surya Prakash Kesarwani, Chandra Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - A No. - 23881 of 2011
Petitioner :- Union Of India Thru G.M. N.C.R. Allahabad And Others
Respondent :- Uma Shankar Sharma
Counsel for Petitioner :- Govind Saran,A.K.Gaur,Rajnish Kumar Rai
Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Chandra Kumar Rai,J.
Heard Mr. Rajesh Tripathi, learned counsel for the petitioners.
This writ petition has been filed praying for the following relief :
"(I) issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 08.02.2011 (Annexure No.2 to the writ petition) and the judgment and order dated 29.10.2010 (Annexure No.1 to the writ petition) passed by respondent No.2."
Briefly stated facts of the present case are that respondent No.1 has worked as casual labour for some time under the Divisional Railway Manager, North Central Railway, Allahabad. After 29.02.1986 he was never engaged. He filed a representation for re-engagement or regularization and his representation was rejected. He filed Original Application No. 957 of 1999, which was disposed of on 07.08.2001 and thereafter he did not turn up. Ultimately, Divisional Railway Manager (P) North Central Railway, Allahabad passed order dated 22.01.2002 observing that no non-working casual labour is being re-engaged. Subsequently another representation has been filed by respondent No.1 in May 2002, which was decided by Divisional Railway Manager, North Central Railway Allahabad recording the finding that respondent No.1 had left working as casual labour w.e.f. 29.02.1986 and no fresh faces and junior to him has been re-engaged.
Against the aforesaid two orders, respondent No.1 filed Original Application No.231 of 2004 (Uma Shanker Sharma Vs. Union of India and others) which was allowed by the impugned order dated 29.10.2010 directing the petitioners herein to consider the case of the respondent No.1 for regularization within six months. Aggrieved the aforesaid order of the Central Administrative Tribunal Allahabad Bench, Allahabad, the petitioners herein filed the present writ petition, in which interim order dated 08.10.2012 was passed staying further proceedings pursuant to the order of the Central Administrative Tribunal, Allahabad, Bench, Allahabad dated 29.10.2010. In the aforesaid interim order, it has also been observed that at the time, when the impugned order dated 29.10.2010 was passed by the Tribunal, respondent No.1 was aged about 50 years. Thus, presently, respondent No.1 would be around 62 years old.
Perusal of the order sheet shows that despite service of notice upon respondent No.1, he did not appear in the present case.
Learned counsel for the petitioners states on instructions that the respondent No.1, when contacted by railway authorities, has apprised that he is about 64 years old and therefore, he is not able to appear in the present writ petition.
Apart from above, the impugned order of the tribunal also appears to be in conflict with the law laid down by a Division Bench of this Court in Writ A No.10541 of 20009 (Union of India and others Vs. Ramakant and others) decided on 05.03.2014.
For all the reasons aforestated, impugned order of the Tribunal dated 29.10.2010 in Original Application No.231 of 2004 (Uma Shanker Sharma vs. Union of India and others) is hereby quashed and writ petition is allowed.
Since we have quashed the order of the Tribunal dated 29.10.2010, therefore, the other impugned order dated 08.02.2011 rejecting the review application of the petitioners has become redundant and is, therefore, quashed.
Order Date :- 19.10.2022
PS*
