Rajesh Kumar Singh vs The Union Of India
2023 Latest Caselaw 2115 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4845 of 2023
     ======================================================

Rajesh Kumar Singh Son of Late Brahamdev Prasad Resident of Village- Tufanganj, Post-Sohsarai, P.S.-Rahui, District-Nalanda.

... ... Petitioner Versus

1. The Union of India through its General Manager, East Central Railway, Hajipur.

2. The General Manager, East Central Railway, at Hajipur, P.S.-Hajipur, Distt-

Vaishali.

3. The Senior Divisional Commercial Manager, East Central Railway, Danapur Division at-Danapur, Patna.

4. The Divisional Railway Manager Danapur at Danapur, Patna.

5. Niraj Kumar S/o Manoj Prasad @ Mano Garai, R/o-Vill-Bhadwa, P.S.-

Rahui, District-Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rudal Prasad, Advocate For the Respondent/s : Mr.Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 04-05-2023

Heard learned counsel for the petitioner.

2. This writ application has been filed challenging the

advertisement published in Hindi Daily Newspaper "Hindustan" dated 20th

April, 2019 by East Central Railway for appointment of Halt Contractors in

different Rail sections in Bihar.

3. Learned counsel for the petitioner submits that this petitioner

was earlier appointed as Halt Contractor. In this regard, reliance has been

placed on Annexure '3' to the writ application which is a Letter dated

08.08.2006 showing that the petitioner has been appointed as Halt Contractor

on temporary basis till execution of agreement.

4. Learned counsel for the petitioner is unable to produce any

copy of agreement showing that ultimately pursuant to Annexure '3' a Patna High Court CWJC No.4845 of 2023 dt.04-05-2023

contract was executed. In the writ application, there is no pleading that the

appointment of the petitioner was permanent in nature and or that it was for a

particular fixed period.

5. It is stated in the writ application that as per agreement the

dispute between Railway Authority and the petitioner, if so arises, the same

has to be resolved or referred to the Arbitrator. In absence of any copy of the

agreement, this Court is unable to appreciate the submissions made on behalf

of the petitioner.

6. This writ application, as framed, cannot be entertained. In case,

the petitioner has any other remedy, he is at liberty to file the same.

7. This writ application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/-

AFR/NAFR
CAV DATE
Uploading Date               06.05.2023
Transmission Date