Patna High Court
Sukhdeo Yadav vs The Union Of India on 9 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5807 of 2020
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1. Sukhdeo Yadav son of Vipan Yadav, resident of Village - Chhotki Nawada,
Near - Kali Asthan, P.O. Rail Mail Service, Gaya, P.s. Delha, District- Gaya.
2. Mukesh Kumar, son of Radha Krishna Yadav, resident of village - Nagar
Panchayat, P.O. and P.S. Bodh Gaya, District- Gaya.
3. Ashok Yadav, son of Shital Yadav, resident of village - Chhotki Nawada,
P.O. Rail Mail Service, P.S. Delha, District- Gaya.
4. Basant Yadav, son of Late Babul Yadav, resident of village - Chhotki
Nawada, P.O. Rail Mail Service, P.S. Delha, District- Gaya.
5. Satyendra Kumar, son of Baleshwar Yadav, resident of village - Miragpur,
N.H. 82, P.S. Wazirganj, District- Gaya.
6. Kishundev Yadav, son of Sukhdeo Yadav, resident of village - Chhotki
Nawada, Near - Kali Asthan, P.O. Rail Mail Service, Gaya, P.S. Delha,
District- Gaya.
7. Mritunjay Yadav, son of Nageshwar Yadav, resident of village - Salepur, P.O.
Salepur, Fatehpur, P.S. Bela, District- Gaya.
8. Jitendra Rawat, son of Rameshwar Rawat, resident of village - Quarter Mill,
Chhotki Nawada, P.O. Rail Mail Service, P.S. Delha, District- Gaya.
9. Shiv Shankar Yadav, son of Baldeo Yadav, resident of village - Kehora, P.O.
Dighaura, P.S. Tekari, District- Gaya.
10. Manoj Yadav, son of Ram Sharan Yadav, resident of village - Bali, P.O.
Adai, P.S. Konch, District- Gaya.
11. Surendra Yadav, son of Bindeshwar Yadav, resident of village - Salepur, P.O.
Salepur, Fatehpur, P.S. Bela, District- Gaya.
12. Jay Prakash, son of Bindeshwar Yadav, resident of village - Salepur, P.O.
Salepur, Fatehpur, P.S. Bela, District- Gaya.
13. Md. Ashfaque Ahmad, son of Late Sahadat Ali, resident of village - Loco
colony, Gaya, P.O. Rail Mail Service, P.S. Delha, District- Gaya.
14. Ashok Kumar, son of Shiv Kumar Singh, resident of village - hardia, P.O.
Jaipur, P.S. Mehandiya, District- Arwal.
15. Lakshman Yadav, son of Late Gokul Yadav, resident of village - Lakshan
Bigha, P.O. Paraiya, P.S. Paraiya, District- Gaya.
16. sunil Kumar @ Guddu Yadav, son of Ratan Kumar, resident of village -
Lakshan Bigha, P.O. Paraiya, P.S. Paraiya, District- Gaya.
17. Umesh Yadav, son of Babulal Yadav, resident of village - Chhotki Nawada,
Near- Kali Asthan, P.O. Rail Mail Service Gaya, P.S. Delha, District- Gaya.
18. Dilip Paswan, son of Late Narayan Paswan, resident of village - Ekamba,
P.O. Pale, P.S. Wazirganj, District- Gaya.
19. Jagresh Yadav, son of Late Bameshwar Yadav, resident of village - Panchu
Bigha, P.O. Mira Bigha, P.S. Chakand, District- Gaya.
20. Nanhak Ram, son of Late Mangu Ram, resident of mohalla - Badki Delha,
Dhaniya Bagicha, P.S. Delha, District- Gaya.
Patna High Court CWJC No.5807 of 2020 dt.09-12-2021
21. Ruplal @ Ruplal Yadav, son of Late Sukhdev Yadav, resident of village -
Panchu Bigha, P.O. Mira Bigha, P.S. Chakand, District- Gaya.
22. Pintu Kumar @ Pintu yadav, son of Ratan yadav, resident of village -
Kharkhura, Bhat Bigha, P.O. Rail Mail Service, P.S. Delha, District- Gaya.
23. Raj Kumar @ Raju, son of Sukhdeo Yadav, resident of village - Chhotki
Nawada, Near- Kali Asthan, P.O. Rail Mail Service, Gaya, P.S. Delha,
District- Gaya.
24. Rajesh Yadav, sonof Late Bameshwar Yadav, resident of village - Panchu
Bigha, P.O. Mira Bigha, P.S. Chakand, District- Gaya.
25. Dharmendra Yadav, son of Ghamandi Yadav, resident of village - Kharkhura,
Bhat Bigha, P.O. Rail Mail Service, P.S. Delha, District- Gaya.
26. Niwas Kumar, son of Baldeo Yadav, resident of village - Kehora, P.O.
Dighaura, P.S. Tekari, District- Gaya.
27. Ram Uday Prasad, son of Bharat Yadav, resident of village - Ekamba, P.O.
Pale, P.S. Wazirganj, District- Gaya.
28. Rakesh Kumar, son of Krishna Singh, resident of village - Suhi, P.O. Dev,
P.S. Dev, District- Aurangabad.
29. Rajesh Kumar, son of Babulal yadav, resident of village - Chhotki Nawada,
Near- Kali Asthan, P.O. Rail Mail Service, Gaya, P.S. Delha, District- Gaya.
30. Kaushal Kumar, son of Kisan Singh, resident of Dhandiha House, Dak
Asthan, Bairangi P.S. Delha,District- Gaya.
... ... Petitioner/s
Versus
1. The Union of India through the Ministry of Labour and Employment, Shram
Shakti Bhawan, Rafi Marg, New Delhi- 110001.
2. The Secretary, Ministry of Labour and Employment, Sharam Shakti Bhawan
Rafi Marg, New Delhi - 110001.
3. The Chief The Chief Labour Commissioner (Central), 4th Floor, Jeevan
Deep Building, Prliament Street, Delhi - 110001.
4. The East Central Railway through its General Manager, (S and T)/ East
Central Railway, Zonal HQ, Dighi Kala, Hajipur, District- Vaishali (Bihar).
5. The Senior Deputy Chief Manager, East Central Railway, Zonal HQ, Dighi
Kala, Hajipur, District- Vaishali (Bihar).
6. The Divisional Railway Manager, Khagaul Road, Khagaul, Patna, Bihar.
7. The Deputy Chief Labour Commissioner (Central), Maurya Lok Complex,
A- Block, Second Floor, Room No. 6/16, Patna, Bihar.
8. The Regional Labour Commissioner (Central), Maurya Lok Complex, A-
Block, Second Floor, Room No. 6/16, Patna Bihar.
9. The Labour Enforcement Officer (Central), Tekari Road, Delha, Gaya,
Bihar.
... ... Respondent/s
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Patna High Court CWJC No.5807 of 2020 dt.09-12-2021
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar, Advocate
For the Respondent/s : Mr. Ramadhar Shekhar (Addl. SC Railway)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioners have prayed for the
following reliefs:-
"(i) For issuance of a writ of
mandamus for direction to the respondents to
treat the parcel laborers of Gava Railway
Parcel office (petitioners) as an employee of
Railways by considering the fact that the
petitioners have been working as parcel
laborer at Gaya Railway Parcel office on
daily wages basis since more than 30 years
but their services have not been absorbed
despite several representations to the
respondents authorities however parcel
laborers working at several Railway Parcel
offices have been absorbed as employee of
Railways
(ii)For issuance of a writ of
mandamus commanding the respondents to
declare the parcel laborers of Gaya Railway
Parcel office (petitioners) as an employee of
Railways by considering the fact that they
have been extended most part of their 1life
by working as a parcel laborer and the
parcel laborers working at several other
Railway Parcel offices have been appointed
as employee of Railways.
(iii) For issuance of a writ of
mandamus for direction to the respondents
especially respondent no. 4 to 6 to not stop
the functioning of the petitioners till final
adjudication of the present writ application.
(iv) For issuance of any other
relief/reliefs which may deem fit and proper
Patna High Court CWJC No.5807 of 2020 dt.09-12-2021
of the facts and circumstances of the case
and for which the petitioners may entitle."
Petitioners' grievances are related to the post in
Railways. Service conditions of Railway Employee could be
decided at first instance including selection process before the
Central Administrative Tribunal in terms of L. Chandra Kumar
vs. Union of India and Others reported in (1997) 3 SCC 261
read with earlier decision viz., S.P. Sampath Kumar v. Union of
India: (1987) ILLJ 128SC.
In the light of the aforesaid decisions, writ petition is not
maintainable. Accordingly, writ petition stands disposed off
reserving liberty to the petitioners to approach jurisdictional
Central Administrative Tribunal.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
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