Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5188 of 2013 ====================================================== 1. Dhananjay Kumar S/O - Sri Rajdeo Prasad R/O Village - Karmdih, P.S. - Konch, District - Gaya 2. Bhupendra Kumar S/O - Sri Sarju Ram R/O Village - Narayangadh, P.S. - Rampur, District - Gaya 3. Triloki Nath S/O - Sri Ganauri Prasad R/O - Village - Diawan, P.S. - Karai Parsurai, District - Nalanda 4. Ajay Kumar S/O - Late Paras Roy R/O Village - Ranipur, P.S. - Phulwarisharif, District - Patna 5. Nagendra Paswan S/O - Shivjee Paswan R/O Village - Chintamanchak, P.S. - Pandarak, District - Patna 6. Nirmal Kumar Azad S/O - Sri Nawal Kishore R/O Village - Sakarpura, P.S. - Dhanarua, District - Patna 7. Mukesh Kumar S/O - Bhola Yadav R/O Village - Pusaho, P.S. - Bithan, District - Samastipur 8. Mantu Kumar S/O - Rameshwar Paswan R/O Village - Mahadeopur, P.S. - Mufasil, District - Munger 9. Mukesh Kumar Chaudhary S/O - Bal Ram Chaudhary R/O Village - Semaria, P.S. - Revelganj, District - Chhapra (Saran) 10. Manoj Kumar Kaji S/O - Ayodhya Kazi R/O Village - Ghurauli, P.S. - Naurangia, District - West Champaran 11. Surendra Kumar S/O - Ram Chandra Sharma R/O Village - Jitwarpur Nizamat, P.S. + District - Samastipur 12. Om Prakash S/O - Ram Bali Prasad R/O Village Paterhi Jalal, P.S. - Marhaura, District - Chhapra (Saran) 13. Radhe Shyam Singh S/O - Kameshwar Singh R/O Village - Mahammadpur, P.S. - Dariyapur, District - Chhapra (Saran) 14. Prabhat Kumar S/O - Natho Prasad Sinha R/O Village - Sarika, P.S. + District - Shekhpura 15. Yashdev Kumar Suman S/O - Ram Kumar Prasad R/O Village - Ramnagar, Police Colony Gola Road, P.S. - Danapur, District - Patna 16. Viveka Nand Kumar S/O - Muneshwar Prasad R/O Village - Tiuri, P.S. - Manpur, District - Nalanda 17. Pradeep Kumar S/O - Ram Khelawan Chaudhary R/O Village -
Legal Reasoning
Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 2/9 Purbujurganj, P.S. - Asothar, District - Fatehpur, U.P. 18. Devashish Kumar S/O - Late Bishnudeo Yadav R/O Village - Khora Bazar (Nautola), P.S. - Kasim Bazar, District - Munger 19. Sudhir Kumar S/O - Rajdeo Prasad R/O Village - Rupaspur (Narayanpur), P.S. - Khodaganj, District - Nalanada 20. Amarendra Kumar Amar S/O - Maheshwar Paswan R/O Village - Jhauwa Bahiyar, P.S. - Bariyarpur, District - Munger 21. Rajeev Ranjan Kumar S/O - Ram Singhasan Singh R/O - Village - Surajpura (Bari Mahala), P.S. Surajpura, District - Rohtas 22. Shyam Kumar Tuddu S/O - Kamaleshwari Tuddu R/O Village - Gamharia, P.S. - Murliganj, District - Madhepura 23. Birendr Kumar Paswan S/O - Sigashan Paswan R/O Village - Semariyan, P.S. - Sonhan, District - Kaimur (Bhabhua)
Legal Reasoning
24. Raj Kumar Choudhary S/O - Sri Surendra Choudhary R/O Village - Sahebganj, P.S. - Champanagar, District - Bhagalpur 25. Diehesh Kumar Roy S/O - Sri Prithvi Roy R/O Village - Isupura Nawal Tola, P.S. - Dighwara, District - Chhapra 26. Mukesh Kumar S/O - Ram Sagar Rai R/O Village + Post - Chandralay, Via - Hasipur (Sadar), District - Vaishali 27. Prakash Kumar S/O - Sri Pannalal Sah R/O Village - Samhota Mathla, P.O. - Kopa Samhota, District - Saran 28. Dharmendra Kumar S/O - Anautu Paswan R/O Village - Jainandan Bigha, P.S. - Tekari, District - Gaya 29. Santosh Kumar Kisku S/O - Lakhan Kisku R/O Village - Rampur, P.S. - Murliganj, District - Madhepura 30. Ganga Ram Murmu S/O - Late Kandam Murmu R/O Village - Kamalpur, P.S. - Badhara, District - Purnea 31. Mintu Kumar S/O - Niranjan Prasad Singh R/O Village - Dayalpur, P.S. - Antichak, District - Bhagalpur 32. Jitendra Kumar S/O - Visvanath Khatait R/O Village - Salempur, P.S. - Gaunaha, District - West Champaran 33. Jageshwar Ram S/O - Nandu Ram R/O Village - Ruphara, P.S. - Shikarganj, District - Chhapra (Saran) 34. Lalmau Ram S/O - Late Sudarshan Ram R/O Village - Jaijar, P.S. - Ander, District - Siwan Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 3/9 35. Mithilesh Minz S/O - Santlal Minz R/O Village - Baghmara Jhiltola, P.S. - Knagar, District - Purnea 36. Mukesh Kumar Paswan S/O - Late Banka Manjhi R/O Village - Patauwan, P.S. - Darauli, District - Siwan 37. Nagendra Kumar S/O - Prayag Prasad R/O Village - Gopalpur, P.S. - Masaurhi, District - Patna 38. Naresh Ram S/O - Sajindra Ram R/O Village - Husepur, P.S. - Kakra, District - Muzaffarpur 39. Prabhat Kumar S/O - Ram Bhadur Yadav R/O Village - Bhawanipur, P.S. - Surajgadha, District - Lakhisarai 40. Parmeshwar Prasad Verma S/O - Late Chaman Mahto R/O Village - Ghorama, P.S. - Chamadih, District - Jamui 41. Phulendra Dawait S/O - Dukhi Dawait R/O Village - Navtanwa, P.S. - Semara, District - West Champaran 42. Pawan Kumar Pankaj S/O - Birendra Prasad R/O Village - Islamnagar, P.S. - Chanderdeep, District - Jamui 43. Ravi Shekhar S/O - Ved Prakash Singh R/O Village - Jai Prakashnagar, P.S. - Ahiyarpur, District - Muzaffarpur 44. Ram Narayan Prasad S/O - Awadhesh Mahto R/O Village - Sithi, P.S. - Gaunaha, District - West Champaran 45. Rajesh Kumar S/O - Jagadish Prasad R/O Village - Pipra, P.S. - Banmankhi, District - Purnea 46. Raj Kishore Kumar Chaudhary S/O - Late Sigeshwar Chaudhary R/O Village - Salempur Sutur Khana, P.S. - Mufasil, District - Munger 47. Ranjeet Kumar S/O - Sweet Baitha R/O Village - Lohsara, P.S. - Bochhan, District - Muzaffarpur 48. Ram Bilash Oraon S/O - Ram Dhani Oraon R/O Village - Ghoratanagar, P.S. - Ghazghra, District - Gumla 49. Santosh Kumar S/O - Ram Narayan Ram R/O Village - Khutahan, P.S. - Nasriganj, District - Rohtas 50. Sanjeet Uranw S/O - Shambhu Uranw R/O Village - Nayatola Mangiraha, P.S. - Gaunaha, District - West Champaran 51. Sone Lal Tuddu S/O - Baijun Tuddu R/O Village - Sikraha, P.S. - Dhamdaha, District - Purnea 52. Santosh Kumar Singh S/O - Ashwani Kumar Singh R/O Village - Jonhi Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 4/9 Tola, P.S. - Bikramganj, District - Rohtas 53. Rishikesh S/O - Kamlesh Prasad R/O Village - Gopal Bad, P.S. - Sarmera, District - Nalanda 54. Raj Kapoor Manjhi S/O - Krishna Manjhi R/O Village - Pokhar Bhinda, P.S. - Kopa, District - Chhapra (Saran) 55. Sanjay Kumar S/O - Lorik Das R/O Village - Alawan, P.S. - Parwalpur, District - Nalanda 56. Ranjeet Kumar S/O - Hriday Narayan Poddar R/O Village - Patam, P.S. - Naya Ramnagar, District - Munger 57. Radhe Shyam Kumar S/O - Late Raghu Rai Mahto R/O Village - Kadamahiya, P.S. - Balmikinagar, District - West Champaran 58. Akhilesh Kumar S/O - Bachchu Prasad Yadav R/O Village - Birampur, P.S. - Harnaut, District - Nalanda 59. Sujeet Kumar Ram S/O - Late Bhulan Ram R/O Village - Sherpur, P.S. - Vidyapatinagar, District - Samastipur 60. Jitendra Kumar S/O - Shiv Pujan Ray R/O Village - Rahar Diyara, P.S. - Sonpur, District - Saran 61. Sanjit Kumar Bhagat S/O - Geeneshwar Bhagat R/O Village - Chandhos, P..S - Sigori, District - Patna 62. Rajesh Khanna S/O - Ram Narayan Singh R/O Village - Mogalpura, P.S. - Bakhtiyarpur, District - Patna 63. Shankar Uranw S/O - Rajendra Uranw R/O Village - Kalyanpatty, P.S. - Arar O.P., District - Madhepura 64. Surya Prakash S/O - Somra Uranw R/O Village - Anand Bazar, P.S. - Danapur, District - Patna 65. Sanjay Quazi S/O - Ram Nath Quazi R/O Village - Sithi, P.S. - Gaunaha, District - West Champaran 66. Sudama Singh S/O - Awadh Bihari Singh R/O Village - Sonpa, P.S. - Rajpur, District - Buxar 67. Shankar Paswan S/O - Ram Nath Paswan R/O Village - Budhnagar, P.S. - Bochaha, District - Muzaffarpur 68. Shambhu Nath Kumar S/O - Raj Nath Ram R/O Village Kandadin Tola P.S. - Bikramganj, District - Rohtas 69. Umesh Kumar S/O - Dharam Nath Manjhi R/O Village - Enai, P.S. - Ravilganj, District - Chhapra (Saran) Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 5/9 70. Uma Nand Singh S/O - Vishwanath Singh R/O Village - Sonpa, P.S. - Rajpur, District - Buxar 71. Bharat Bhushan Prasad S/O - Kameshwar Thakur R/O Village - Pachina Bazar, P.S. - Koelwar, District - Bhojpur (Ara) 72. Bhola Rajak S/O - Lalu Rajak R/O Village - Narayanpur, P.S. - Mahua, District - Vaishali (Hajipur) 73. Manjay Patwari S/O - Kirshun Patwari R/O Village - Gobardhana, P.S. - Dumari, District - West Champaran 74. Mithilesh Yadav S/O - Rajgeer Yadav R/O Village - Karamganj, P.S. - Sultanganj, District - Bhagalpur 75. Devilal Hansda S/O - Babulal Hansda R/O Village - Nimatar, P.S. - Katoria, District - Banka 76. Rabi Kumar S/O - Arjun Prasad Rai R/O Village - Shivkund, P.S. - Dharahara, District - Munger 77. Nijamuddin S/O - Ful Mohammad R/O Village - Deoriya, P.S. - Rivilganj, District - Chhapra (Saran) 78. Munna Prasad S/O - Sri Ramjee Prasad R/O Village - Mishrawalia, P.S. - Buxar (Mufsil), District - Buxar 79. Vinod Kumar S/O - Gopal Jee Prasad R/O Village - Barki Bagahin, P.S. - Hathua, District - Gopalganj 80. Babalu Kumar S/O - Ganouri Paswan R/O Village - Shahari, P.S. - Barh, District - Patna 81. Arjun Hembrum S/O - Ram Das Hembrum R/O Village - Chikni Tola, P.S. - Pranpur, District - Katihar 82. Rudal Ray S/O - Sri Raj Kishor Ray R/O Village - Raghopur, P.S. - Jurawapur, District - Vaishali 83. Jyotish Kumar S/O - Pradeep Paswan R/O Village - Maheshi, P.S. - Sultanganj, District - Bhagalpur 84. Manoj Kumar S/O - Sri Muni Pal R/O Village - Darihat, P.S. - Darihat, District - Rohtas 85. Dharmendra Kumar S/O - Sri Raj Kishor Singh R/O Village - Sarsvatinagar, P.S. - Bariyarpur, District - Munger 86. Aswini Kumar S/O - Baidyanath Patwari R/O Village - Semari Dumari, P.S. - Gaunaha, District - West Champaran 87. Dilip Kumar Mandal S/O - Baidyanath Mandal R/O Village - Kirkicta, Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 6/9 P.S. - Forbisganj, District - Araria 88. Surendra Prasad Azad S/O - Bhrigunath Ram R/O Village - Bhadawar, P.S. - Begangola, District - Buxar .... .... Petitioner/s Versus 1. The Union Of India through the Railway Board, Ministry of Railways, New Delhi 2. The Director General Railway Protection Force (R.P.F.)/ R.P.S.F. Railway Board, New Delhi 3. The Inspector General Railway Protection Special Force, Railway Board, New Delhi 4. The Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur 5. The Senior Commandant, 11 Battalion Railway Protection Special Force, Gazhara, Barauni .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Chitranjan Sinha, Sr. Adv., with Mr. Kunal Tiwary For the Respondent/s : Mr. Anil Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 24-04-2013 Heard the parties. The petitioners, 88 in numbers, have approached this Court under Article 226 of the Constitution of India for the reliefs enumerated in paragraph-1 of the writ petition, which reads as follows:- “1. That by the instant writ petition the petitioners crave the leave of the Hon’ble Court for the following reliefs:- (i) For issuance of a writ or writs, direction or directions to the respondents to transfer the petitioners and to post them in Railway Protection Force (RPF) from Railway Protection Special Force (RPSF) in the light of the standing Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 7/9 order no. 102 dated 29.03.2010 issued under the signature of Director General R.P.F./ R.P.S.F. (ii) For issuance of a direction or direction to the respondents to post the petitioner in their mother department as the petitioners were appointed for R.P.F. and also taken training for R.P.F. (iii) For issuance of a direction or directions to the respondents that as the recruitment was made in 2006 from East Central Railway, Danapur and the petitioners have been selected for R.P.F. E.C.R. Hajipur and have been taken training for R.P.F. so they should be transferred and posted for R.P.F. in E.C.R. Danapur instead of R.P.S.F. (iv) For issuance of a direction or directions to the respondents to transfer the petitioners to R.P.F. maintaining their seniority and working experience done by them. (v) For issuance of a direction or directions to the respondents to stop the transfer of all petitioners from the present Battalian i.e. 11 BN RPSF, GARHARA Barauni to another Battalian.” Learned Senior counsel for the petitioners submits that pursuant to a selection process commencing in the month of March 2006, the petitioners were selected for their appointment as constables of Railway Protection Force (RPF). They successfully underwent training as constables of RPF, E.C.R., Danapur and, in fact, their joining was accepted on 01.01.2007 as constables of Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 8/9 R.P.F. However, according to the learned counsel, after completion of their training the petitioners were posted as constables of 11 Bn. Of RPSF, Garhara, Barauni (Bihar) though their selection/ appointment was for the post of constables of RPF. It is contended on behalf of the petitioners that all of them are discharging their duties as constables of Railway Protection Special Force (RPSF) since the year 2007 to the best of their ability and to the satisfaction of all concerned and they all are having their headquarters at Begusarai (Bihar). It is the grievance of the petitioners that the provisions of the standing order No. 102 dated 29.03.2010 (Annexure-5) issued by the Ministry of Railways, Government of India under the signature of the Director General, Railway Protection Force, New Delhi, which provides for transfer on completion of five years of tenure from RPSF to RPF, are not being followed by the authorities, so far the petitioners are concerned. It is the case of the petitioners that they have submitted their representations before the respondent Director General (respondent no.2) for redressal of their valid grievances in the light of the aforesaid standing order, as contained in Annexure-5, but till date representations filed on their behalf have not been
Decision
disposed of. After having heard the parties and on consideration of the materials available on record as also taking into consideration the nature of claims raised in the present proceeding, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, interest of justice would be sub- served if the petitioners are granted liberty to file their separate representations with all Patna High Court CWJC No.5188 of 2013 (4) dt.24-04-2013 9/9 supporting documents before the respondent no.2 raising all the pleas, which have been raised in the present proceeding. It is ordered accordingly. If such separate representations are filed on behalf of each of the petitioners within a period of one month from today with all supporting documents and the certified copy of the present order, then the respondent no.2 and/or any other competent authority shall be obliged to consider and decide their representations and shall take a final decision at an earliest possible time strictly in accordance with law by a reasoned and speaking order. If on consideration of materials and the relevant rules, the respondent no.2 and/or any other competent authority of the Railway Protection Force/ Railway Protection Special Force come to a conclusion that the grievances raised on behalf of the petitioners are admissible to them, then consequential orders for grant of such admissible reliefs to the petitioners shall be issued without any unnecessary delay. Entire exercise must be completed by the respondent no.2 and/or any other competent authority of RPF/ RPSF within a maximum period of three months from the date of filing of the representations with all supporting documents by each of the petitioners separately. The writ application stands finally disposed of with the observations and directions made above. (Birendra Prasad Verma, J) BTiwary/-