Bombay High Court
Madan Mohan Kashyap And Ors vs Chorelal Meena And Ors on 3 August, 2017
Bench: V.K. Tahilramani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1029 OF 2017
IN
WRIT PETITION (ST) NO. 27773 OF 2016
1. MADAN MOHAN KASHYAP
Presently, working as Passengers
Guard (Main Line), Mumbai Division,
C. Railway, CSTM, Mumbai-400 001.
2. Koola Jose Sebastin,
Presently working as Passenger
Guard (Suburban), Mumbai Division,
C. Railway, CSTM, Mumbai-400 001.
3. Hari Om Gupta,
Presently working as Passenger,
Guard (suburban), Mumbai Division,
C. Railway, CSTM, Mumbai-400 001.
4. Rustum Panda
Presently working as Passenger,
Guard (Suburban), Mumbai Division,
C. Railway, CSTM, Mumbai-400 001.
......APPLICANTS
IN THE MATTER OF :
1. Chorelal Meena,
B-208, Jankidham, Shivaji Nagar,
Waldhuni, Kalyan Dist. Thane
2. Narsappa Gunjalappa,
RB-II, 52/3, Railway Quarters,
Behind Sion Hospital, Mumbai
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3. Suhdeo Rashpal Singh,
RB-II 9/10, Railway Colony,
GTB Nagar, Sion Koliwada,
Mumbai-400 037.
4. Kanheyalal Tarachand Tharwani,
RB-III, 1/9. Central Railway Colony,
Byculla Mazgaon, Mumbai-400 008.
5. Sunil Nanikram Aswani,
Mata Sagar Apartment, Sector-20
Ulhasnagar, Dist. Thane, 421 003.
6. Virendra G.D.M. Sharma,
Passenger Guard (Suburban),
Mumbai Division,
Central Railway, CSTM,
Mumbai-400 001.
7. Jaswant Sonelal Singh,
Quarter G-120
Railway Colony, Murbad Road,
Kalyan (W), Dist. Thane-421301.
8. Anwar Ahmed,
RB-III, A-14, 3rd Floor,
Berkely Place,
Sir J.J. Road, Byculla,
Mazgaon, Mumbai-400 008
9. Prem Kumar Shukla,
Shivesh Apartment,
Chinchpada Road, Katamanivali
Kalyan (East), Dist. Thane- 421306
10. Umesh Shripad Kabul
A/504, Pratik Apartment,
Ramchandra Nagar No.3
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Vaity Wadi, Thane (W)-400 004.
11. Vivek Rajan Sahai,
201, Kalpataru Apartment,
Pathakwadi, Murbad Road,
Kalyan (W), Dist. Thane 421301
12. Anand Bhargav,
Zinnia C.H.S. A-7/12,
Godrej Hill, Khadkpada,
Kalyan (W), Dist. Thane.
13. Umesh Pratap Balram Singh,
A-103, Ambika Complex,
Meditiya Nagar, P.K. Road,
Bhayander (E),Dist. Thane 401105
14. Pradeep Kumar Chaturvedi,
B/26, Berkely Place,
Sir J.J. Road, Byculla,
Mazgaon, Mumbai-400 008.
15. Suresh Varma A.K.
A-102, Sadanand Villa,
Shivaji Udyog Nagar,
Patharli Road, Dombivali (E),
Dist. Thane-421201.
16. D.K. Kapil,
B-9, Berkely Place,
Sir J.J. Road, Byculla,
Mazgaon, Mumbai-400 008.
17. D.K. Dharmasi
Passenger Guard (Suburban)
Mumbai Division
Central Railway, CSTM,
Mumbai-400 001
CSTM, Central Railway, Mumbai ....NON-CAVEATORS
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VERSUS
1. Union of India,
Through General Manager,
Central Railway, CSTM,
HQ Office, Mumbai-400 001.
2. Divisional Railway Manager,
Central Railway, Mumbai Division,
CSTM, Mumbai-400 001.
3. Senior Divisional Personnel Officer,
Central Railway Mumbai Division,
CSTM, Mumbai-400 001 ....Respondent
-------
Mr. Dhananjay B. Deshmukh, Advocate for the applicant.
Mr. Suresh Kumar, Advocate for respondent no.1, UOI.
CORAM :- SMT. V.K. TAHILRAMANI, &
SANDEEP K. SHINDE, JJ.
RESD. ON :- 27TH JULY, 2017.
PRON. ON :- 3 rd AUGUST, 2017.
JUDGMENT (PER :- SANDEEP K. SHINDE, J)
1. Applicants are seeking impleadment as
respondents in the subject petition.
2. The petitioners herein have challenged the
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order dated 17th August, 2016 passed in O.A. No.813 of
2011, 417 of 2012 and 112 of 2013. The petitioners who
are senior most Suburban Passenger Guards, have never
worked as Passenger Guards (Mainline) but refused the
promotion twice on various personal grounds. The
petitioner's refusal for promotion was not accepted by the
railways and as such the order of the Railways was
challenged before the Central Administrative Tribunal
(CAT) in O.A. No.813 of 2011, 417 of 2012 and 112 of
2013. All these O.As were dismissed and certain
directions were issued. Applicants are juniors to the
petitioners. They apprehend that, in the event, this Court
either at interim stage or otherwise, if injuncts railways to
transfer and/or promote the petitioners to Passenger
Guard (Mainline) or Guard (Main Express), it would
vitally affect the applicants interest, in as much as, they
being juniors in the seniority, would be transferred from
Passenger Guard, Suburban to Passenger Guard
(Mainline).
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3. Heard Learned Counsel for the applicants and
Learned Counsel for the original petitioners.
4. In our view, applicants are neither, proper nor
necessary parties because even in their absence, Court
can effectually and completely adjudicate upon and settle
all the questions involved in the subject petition.
Applicants are worried about order likely to be passed in
the petition which may affect their rights. We do not
accept this submission. Even assuming, petitioner's
contention and/or "right to refuse", promotion is accepted
by the Court, consequential order of transfer/promotion of
applicants will give rise to independent cause of action.
. Besides, it appears, one of the applicants herein who
has been transferred from the post of Passenger Guard
(Suburban) to Passenger Guard (Mainline) vide transfer
order dated 165 of 2015 has filed O.A. 165 of 2015 in the
Central Administrative Tribunal and the implementation
of the transfer order has been stayed. That, in the
circumstances, one of the applicants has taken
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appropriate step to protect his interest. That for the
reasons aforesaid, the Civil Application deserves no
consideration and it is rejected. Accordingly, the Civil
Application is disposed off.
(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)
