Rajendra Kumar Ravindrapal ... vs Southern Railway
2023 Latest Caselaw 8911 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 26305 OF 2023
PETITIONER:

          RAJENDRA KUMAR RAVINDRAPAL MANGLA, AGED 59,
          S/O RAVINDRA PAL MANGLA, FLAT NO.1804, BUILDING NO.5,
          SAPHIRE HEIGHT C.H.S.L, NEAR LOKHANDWALA FOUNDATION
          SCHOOL, AKURLI ROAD, LOKHANDWALA TOWNSHIP,
          KANDIVALI (E), MUMBAI - 400101.

          BY ADVS.K.SANEESH KUMAR
          V.B.SANTHINI


RESPONDENTS:

    1     SOUTHERN RAILWAY,
          REPRESENTED THROUGH ITS SENIOR DIVISIONAL COMMERCIAL
          MANAGER, THIRUVANANTHAPURAM CENTRAL,
          THIRUVANANTHAPURAM DISTRICT - 695014.

    2     SENIOR DIVISIONAL COMMERCIAL MANAGER,
          THIRUVANANTHAPURAM CENTRAL,
          THIRUVANANTHAPURAM DISTRICT - 695014.

    3     UNION OF INDIA,
          REPRESENTED BY THE SECRETARY,
          MINISTRY OF RAILWAYS,
          (RAILWAY BOARD) CENTRAL SECRETARIAT,
          NEW DELHI - 110001

          SRI.DAYA SINDHU SREEHARI [SC]
          S.MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26305 OF 2023
                                   -2-

                            JUDGMENT

When this matter was called today, the

limited plea of the petitioner, as made by his

learned counsel - Sri.Saneesh Kumar K., was that

the competent Authority of the Southern Railway

be directed to take up Ext.P9 representation of

his, and dispose of the same, adverting to

Exts.P5, P6 and P7 orders of the Railway Board;

and that until such time as it is done, the

Catering Unit in question be not allowed to be

closed down.

2. Sri.Saneesh Kumar K. - learned counsel

for the petitioner, further explained that his

client has been constrained to approach this

Court not merely because Ext.P9 has not yet been

considered, but also because he has been

threatened that the Catering Unit will be closed

on 15.08.2023.

3. Sri.Daya Sindhu Sreehari - learned WP(C) NO. 26305 OF 2023

Central Government Counsel, in response,

conceded that, if Ext.P9 is pending, then it

will be decided by the competent Authority,

adverting to Exts.P5, P6 and P7. He also

admitted that, in certain similar matters, this

Court has issued such orders.

4. Sri.Daya Sindhu Sreehari concluded his

submissions saying that the apprehension of the

petitioner, that the Catering Unit will be

closed on 15.08.2023, may be justified because,

in normal circumstances, such action is

warranted when the contract ends. He, however,

added that if this Court is so inclined, action

for such can be deferred until such time as

Ext.P9 is finally disposed of.

Taking note of the afore submissions, I

order this writ petition and direct the

competent among respondents 1 and 2, or such

other competent Authority of the Southern WP(C) NO. 26305 OF 2023

Railways, to take up Ext.P9 representation of

the petitioner and dispose of the same, after

hearing him and adverting to Exts.P5, P6 and P7

orders of the Railway Board; thus culminating in

an appropriate order and necessary action

thereon, as expeditiously as is possible, but

not later than one month from the date of

receipt of a copy of this judgment.

Needless to say, until such time as the

afore exercise is completed and the resultant

order communicated to the petitioner, the

Catering Unit - if being operated by him as on

today - shall not be closed down; and any

further action in such direction will be taken

depending upon the decision to be taken as

afore.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 26305 OF 2023

APPENDIX OF WP(C) 26305/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LETTER OF AWARD ISSUED BY THE 2ND RESPONDENT DATED 6.9.2016.

EXHIBIT P2 A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT ON 6.11.2017

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT BY THE HONOURABLE SUPREME COURT IN WRIT PETITION (C) NO.373/2017 DATED 30.10.2018.

EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C)13809/2018 BY THE HIGH COURT OF DELHI DATED 15.3.2019.

EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 21.5.2019.

EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 27.8.2019.

EXHIBIT P7 A TRUE COPY OF THE LETTER NO.2016/TG-

III/600/01 ISSUED BY THE GOVERNMENT OF INDIA/ MINISTRY OF RAILWAYS/ RAILWAY BOARD DATED 13.12.2021

EXHIBIT P8 A TRUE COPY OF THE RENEWAL APPLICATION DATED 1.4.2023 SEEKING RENEWAL OF 3 YEARS FROM 16.8.2023 TO 15.8.2026 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 28.7.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. WP(C) NO. 26305 OF 2023

EXHIBIT P10 A TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C) 22499 OF 2022 DATED 11.7.2022 BY THIS HONOURABLE COURT.

EXHIBIT P11 A TRUE COPY OF THE LETTER ISSUED BY THE NORTHERN RAILWAY ISSUED TO THE SENIOR DIVISIONAL COMMERCIAL MANAGER DATED 29.8.2019.

EXHIBIT P12 A TRUE COPY OF THE LETTER ISSUED BY THE NORTH CENTRAL RAILWAY DATED 12.6.2019.

EXHIBIT P13 A TRUE COPY OF THE LETTER ISSUED BY THE SOUTH EASTERN RAILWAY DATED 28.5.2019

EXHIBIT P14 A TRUE COPY OF THE LETTER ISSUED BY THE EAST COAST RAILWAY DATED 3.6.2019.

EXHIBIT P15 A TRUE COPY OF THE LETTER ISSUED BY THE EASTERN RAILWAY TO ONE CHANDAN RAJ DATED 8.12.2022.