Author : Aditi Gupta
CASE NAME : RAM BHAJAN DAS VS. UNION OF INDIA, 2018
Decided on 28/11/2018
Writ petition (C) 52 of 2016
Hon’ble Mr. Justice Kurian Joseph, Hon’ble Mr. Justice Hemant Gupta
Under article 142 Supreme Court in the order of its jurisdiction may pass orders necessary for doing justice in any cause or matter pending before the court throughout the territory of India, as it can be observed in the following case.
The petitioners filed a petition to seek appointment in Grade D post in railways. Their claim was rested upon the decision of this case All India Railway Parcel & Goods Porters’ Union Vs. Union of India and Others, reported in (2003) 11 SCC 590. Objection is that the petitioners have not acquired the required qualification in terms of the rules. As the petitioners renders service from a long time and there is power of relaxation. This is a fit case for invocation of jurisdiction under Article 142 of constitution of India. The writ petitions were disposed of with directions to railways to consider names of the petitioners, in case they are otherwise eligible on qualification and pass the required for a period of one month from the day of decision.
ISSUES AND FACTS OF LAW
In this case issue before the court was the eligibility qualification for the grade D position.
All intervention applications are allowed. The court observed that perennial nature of work cannot be over ruled. Court heard arguments of both the parties, and observed solicitor general was not able to point out any valid reason why writ petition should not be allowed.
The court directed many guidelines as similar to case of All India Railway Parcel & Goods Porters’ Union Vs. Union of India and Others, reported in (2003) 11 SCC 590. To scrutinize all the placed record by petitioners and should be done within six months from the date of receipt of judgment. After the fresh enquiry, observation should be made and regularize their services, the employees appointed on permanent basis shall be entitled to get the minimum pay scale or other wages. The report shall be finalized and submitted after discussions and deliberations with railway administration and the contractors and all the representatives of the writ petitioners or writ petitioners themselves