Siya Sharan @ Siya Sharan Paswan vs The Union Of India
2022 Latest Caselaw 1401 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10345 of 2021
     ======================================================

1. Siya Sharan @ Siya Sharan Paswan S/o Late Chhapan Paswan resident of Village- Kamuruddinpur, P.O. Kamuruddinpur, P.S. Muffasil, District- Begusarai.

2. Sanjay @ Sanjay Kumar S/o Ram Narayan Yadav resident of Village- Bara Bimraha, P.O. Hajipur, P.S. Alauli, District- Khagaria.

3. Shankar @ Shankar Prasad S/o Sita Ram Lal resident of Village-

Mohammadpur, P.O. Bakhtiyarpur, District- Patna.

... ... Petitioner/s Versus

1. The Union of India through the Chairman, Railway Board, New Delhi.

2. The General Manager, East Central Railway, Hajipur, Vaishali.

3. The Divisional Railway Manager, East Central Railway, Danapur, Patna.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr. Shambhu Sharan Singh
     For the Respondent/s   :       Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioners have prayed for the

following relief/reliefs:

"That this is an appropriate writ for issuance of direction directing the respondents to take immediate steps for relaxation of age in consideration of petitioner's regularization in service since the petitioners have become overage and are yet to be regularized for no fault of their behalf and other relief/reliefs as your Lordships may be deem fit and proper."

Patna High Court CWJC No.10345 of 2021 dt.25-02-2022

3. Undiputedly, petitioners must have worked under the

Railway Department. Service condition of an employee in the

Railway irrespective of temporary appointment, he has a remedy

before Central Administrative Tribunal under Section 19 of the

Administrative Tribunals Act, 1985. The same has been examined

by the Apex Court in the case of Union of India and Others Vs.

Deep Chand Pandey and Another reported in (1992) 4 SCC 432

read with L. Chandra Kumar vs. Union of India and Others

reported in (1997) 3 SCC 261 read with the case of S.P. Sampath

Kumar vs. Union of India reported in (1987) 1 SCC 124. In the

light of these facts and circumstances, the present petition is not

maintainable.

4. Accordingly, writ petition stands dismissed, reserving

liberty to the petitioners to approach jurisdictional Central

Administrative Tribunal.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          04.03.2022
Transmission Date