Madras High Court
The Southern Railways Persons vs Union Of India on 19 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.36003 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.36003 of 2023
The Southern Railways Persons
with Disabilities Association,
(Sl.No.SRG/185/2022)
Rep. by its General Secretary,
A.Marimuthu,
having its office at
No.171/1, 1st Street,
North Thirumalai Nagar,
Villivakkam,
Chennai – 600 049. .. Petitioner
Vs.
1.Union of India,
Rep. by its Chairman,
Railway Board, Rail Bhavan,
Raisina Road,
New Delhi – 110 001.
2.The General Manager,
Southern Railways,
NGO Main Building, Park Town,
Chennai – 600 003.
3.The Senior Personnel Officer,
Coordination, Head Quarters Office,
Southern Railways,
Chennai – 600 003.
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1/11
W.P.No.36003 of 2023
4.Union of India,
Rep. by its Secretary to Government,
Social Justice and Empowerment,
Room No.604, A-Wing, Shastri Bhavan,
New Delhi – 110 001. .. Respondents
(R4 impleaded as per order dated
13.08.2024 in W.M.P.No.25313 of 2024
in W.P.No.36003 of 2023)
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
of the respondents 2 & 3 in connection with the impugned order passed
in No.P(S)/353/WP 19292/2023 and HC/MAS/MAR dated 08.12.2023
and quash the same and direct the respondents to grant recognition to the
petitioner's Association under the Rights of Persons with Disabilities Act,
2016, within a reasonable time.
For Petitioner : Mr.K.Venkatramani
Senior Counsel
for Mr.M.Vignesh Raj
For Respondents : Mr.R.Rajesh Vivekananthan
Deputy Solicitor General of India
ORDER
This writ petition has been filed challenging the proceedings of the
respondents 2 & 3 dated 08.12.2023 and for a consequential direction to
the respondents to grant recognition to the petitioners' Association.
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2.The case of the petitioner Association is that there are nearly
1500 members in the Association, who are differently abled and this
Association was registered under the Tamil Nadu Societies Registration
Act, 1995, on 06.07.2022. The further case of the petitioner is that the
Association was formed with an aim and objective to promote and
maintain organization of all the employees with disabilities working in
Southern Railways and Integral Coach Factory (ICF).
3.The petitioner made a representation to respondents 2 & 3
seeking for recognition of the Association on 15.12.2022. On receipt of
the same, the respondents 2 & 3 considered and rejected the
representation and informed the petitioner Association that they cannot
grant official recognition as per the existing policy. Aggrieved by the
same, the present writ petition has been filed before this Court.
4.The respondents 2 & 3 have filed a counter affidavit. They have
taken the following stand:
“8.I submit that the Rights of Persons
with Disabilities Act, 2016 (RPWD Act, 2016)
does not stipulate any provision for the grant
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of 'Recognition' to any organization, and any
assertion to ht contrary is hereby refuted. The
decision regarding the recognition of any
association cannot be made lightly at the
behest of such associations. The Ministry of
Social Justice & Empowerment is the nodal
Ministry with respect to the Rights of Persons
with Disabilities Act-2016 as the same has
been enacted by that Ministry to be
implemented by the various Ministries /
Departments of Government of India.
Considering this, Ministry of Railways can not
take unilateral decision for consideration of
the request of the Association for recognition.”
5.The 4th respondent has filed an individual counter affidavit and
the relevant portions are extracted hereunder:
“3.I submit that the Central Government
has enacted the Rights of Person with
Disabilities Act, 2016 which came into effect on
19.04.2017. As per Section 2(z) of the Rights of
Persons with Disabilities Act, 2016,
“Registered Organisation”
means an association of
persons with disabilities or
a disabled person
organisation, association of
parents of persons with
disabilities, association of
pesons with disabilities and
family members, or a
voluntary or non-governmental
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or charitable organisation or
trust, society, or non-profit
company working for the
welfare of the persons with
disabilities, duly registered
under an Act of Parliament or
a State Legislature.'
4.I submit that the Chapter IX (Section
49-55) of Rights of Persons with Disabilities
Act, 2016 contains detailed provisions for
registration of institutions for PWDs. The State
Government has been empowered, vide Section
49 of the Act, to designate an authority as
“competent authority” for all matters (example
Application and grant of certificate, revocation
etc.) related to registration.
5.I submit that the Department of
Empowerment of Persons with Disabilities
(DEPWD) is not an appropriate authority to
grant recognition of any association /
Registration under the RPWD Act, 2016.
6.I submit that according to the Central
Civil Services (Recognition of Service
Association) Rules 1993 (copy enclosed),
recognition will be accorded by the Ministry /
Department of an association on fulfilling the
conditions prescribed in Rule 5(d)(i) of the
rules in respect of the entire Ministry /
Department. In the present case, Southern
Railway may be the appropriate authority to
grant recognition to the Petitioner
association.”
6.Heard the learned Senior Counsel for the petitioner and the
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learned Deputy Solicitor General of India for the respondents.
7.The petitioner Association while submitting the representation
had relied upon paragraph No.2510 of the Indian Railways
Establishment Manual and Section 2(Z) of the Right of Persons with
Disabilities Act, 2016 (for brevity, hereinafter referred to as the Act,
2016) and sought for recognition.
8.The respondents 2 & 3 have rejected the said representation on
the ground that as per paragraph No.2510 of the Manual, only those
Associations which are registered under the Indian Trade Unions Act will
be recognized. In view of the same, the respondents 2 & 3 did not find
any provision for recognition of the petitioner Association and
accordingly, rejected the request made by the petitioner.
9.The petitioner Association having realized the mistake in quoting
paragraph No.2510 of the Railway Manual, submitted a fresh
representation dated 03.09.2024. In that representation, they have
informed that paragraph No.2510 of the Railway Manual has been
erroneously mentioned. It is further stated in the representation that the
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petitioner Association is registered under the Societies Registration Act
and similar set of Associations which were registered under that Act like
SC / ST Railways Employees Association, All India OBC Association,
etc., have been registered under the same Act and they have been
recognized by the Southern Railways. In view of the same, the petitioner
Association has sought for recognition by the Southern Railways by
considering the fresh representation made on 03.09.2024.
10.A careful reading of the Section 2(Z) of the Act shows that an
Association can be registered with persons with disabilities under an Act
of the Parliament or a State Legislature. In the case in hand, the
petitioner Association has been registered under the Tamil Nadu
Societies Registration Act, which is a State Legislation. The Southern
Railways has considered the request made by many such Associations
registered under the Societies Registration Act and granted recognition.
For instance, the SC & ST Railway Employees Association, All India
OBC Railway Employees Association, Federation of Railway Officers
Association, etc., are Associations which are registered under the
Societies Registration Act. They have been granted recognition.
Therefore, the same yardstick must be applied while dealing with the
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fresh representation made by the petitioner seeking for recognition, on
03.09.2024. The respondents 2 & 3 must bear in mind that an Act has
now given a special status to the differently abled persons and various
judgments have been passed by the Hon'ble Supreme Court recognizing
those rights and insisting for appropriate treatment for persons with
disabilities in line with the objective under the Act. Therefore, if the
representation made by the petitioner Association seeking for recognition
satisfies the requirements, appropriate orders must be passed by the
respondents 2 & 3.
11.In the light of the above discussion, this Writ Petition is
disposed of with a direction to the respondents 2 & 3 to deal with the
representation made by the petitioner Association on 03.09.2024 in the
light of the above observations made by this Court and appropriate orders
shall be passed within a period of six (6) weeks from the date of receipt
of a copy of this order. No costs.
19.10.2024
krk
Index : Yes / No
Internet : Yes / No
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Neutral Citation : Yes / No
NOTE: Issue on 25.10.2024.
To
1.Union of India,
Rep. by its Chairman,
Railway Board, Rail Bhavan,
Raisina Road,
New Delhi – 110 001.
2.The General Manager,
Southern Railways,
NGO Main Building, Park Town,
Chennai – 600 003.
3.The Senior Personnel Officer,
Coordination, Head Quarters Office,
Southern Railways,
Chennai – 600 003.
4.Union of India,
Rep. by its Secretary to Government,
Social Justice and Empowerment,
Room No.604, A-Wing, Shastri Bhavan,
New Delhi – 110 001.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
krk
https://www.mhc.tn.gov.in/judis
19.10.2024
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