Gujarat High Court
Dedicated Freight Corridor ... vs Jai Singh S/O.Mehar Singh on 18 March, 2019
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
C/LPA/241/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 241 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 50 of 2013
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
In
R/LETTERS PATENT APPEAL NO. 241 of 2019
With
R/LETTERS PATENT APPEAL NO. 686 of 2019
In
SPECIAL CIVIL APPLICATION NO. 9563 of 2013
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
In
R/LETTERS PATENT APPEAL NO. 686 of 2019
In
SPECIAL CIVIL APPLICATION NO. 9563 of 2013
With
R/LETTERS PATENT APPEAL NO. 688 of 2019
In
SPECIAL CIVIL APPLICATION NO. 50 of 2013
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
In
R/LETTERS PATENT APPEAL NO. 688 of 2019
In
SPECIAL CIVIL APPLICATION NO. 50 of 2013
With
R/LETTERS PATENT APPEAL NO. 689 of 2019
In
SPECIAL CIVIL APPLICATION NO. 9563 of 2013
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
In
R/LETTERS PATENT APPEAL NO. 689 of 2019
In
SPECIAL CIVIL APPLICATION NO. 9563 of 2013
With
R/LETTERS PATENT APPEAL NO. 697 of 2019
With
Page 1 of 5
C/LPA/241/2019 ORDER
CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
In
R/LETTERS PATENT APPEAL NO. 697 of 2019
================================================================
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD
Versus
JAI SINGH S/O.MEHAR SINGH
================================================================
Appearance:
MR KAMAL TRIVEDI WITH MR RAMNANDAN SINGH(1126) for the
Appellant(s) No. 1,2,3
for the Respondent(s) No. 4,5,6,7,8
MR GM JOSHI(370) for the Respondent(s) No. 1,2,3
================================================================
CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE V. B. MAYANI
Date : 18/03/2019
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. Heard learned counsels for the parties.
2. Admit. Shri GM Joshi and Shri K.K. Shah, learned advocates waives service of admission on behalf of respondent Nos. 1 to 4 and Respondent Nos. 5 to 7 respectively in Letters Patent Appeal No. 241 of 2019. Shri GM Joshi and Shri K.K. Shah, learned advocates waives service of admission on behalf of respondent Nos. 1 and Respondent Nos. 2 to 3 respectively in Letters Patent Appeal No. 686 of 2019. Shri Ramnandansingh and Shri GM Joshi, learned advocates waives service of notice of admission on behalf respondent Nos. 1, 3 to 4 & 5 to 8 respectively in Letters Patent Appeal No. 688 of 2019, Shri Ramnandansingh and Shri GM Joshi, learned advocates waives service of notice of admission on behalf respondent Nos. 12 & 3 respectively in Letters Patent Appeal No. 689 of Page 2 of 5 C/LPA/241/2019 ORDER 2019, Shri Ramnandansingh, Ms. Sunita S. Chaturvedi & Shri GM Joshi, learned advocates waives service of notice of admission on behalf respondent Nos. 1 to 3, 4 to 5 & 6, respectively in Letters Patent Appeal No. 697 of 2019.
3. The learned counsel appearing for the appellant invited this Court's attention to the operative part of the order passed by learned single Judge, which is reproduced here for ready reference.
"8. I therefore deem it fit to quash and set aside clause 8(b) of the policy as being illegal. Consequently, orders of promotion in favour of respondents dated 19.11.2012 and 22.03.2013 vis- a-vis private respondents keeping in mind clause 8(b) of the policy are also quashed and set aside. The respondent authority shall consider the case of the petitioners by holding a review departmental promotion committee and grant promotion to the petitioners to the post of Managers with effect from 19.11.2012/01.01.2013 as the case may be with all consequential benefits. Petitions are allowed accordingly. Rule is made absolute to the aforesaid extent.
4. The fact remains to be noted that all the petitioners originally challenging the policy, were not the persons, who had put in requisite number of residency for claiming promotion or consideration for promotion and therefore, the direction qua considering their cases sans 8(b) would not be permitted, as it would amount of making them eligible, though they are not eligible.
5. Shri Joshi, learned counsel appearing on caveat also could not support those directions, however, he submitted that in any case, let there be an order only qua those, who had not Page 3 of 5 C/LPA/241/2019 ORDER been heard, as principles of natural justice point be taken but no further equity be permitted to be created.
6. Shri Joshi, learned counsel further submitted that the so called policy whereunder the eligibility is conferred upon the deputationists after they being absorbed, so far later in point of time is concerned, was contrary to provisions of law and hence, the Court's observation qua quashment of clause 8(b) of the policy may not be stayed.
7. Shri Joshi, learned counsel place reliance upon page136 to indicate that the policy's similarity, so far as Railway Vikas Nigam Ltd is concerned, is also incorrect in as much learned Single Judge has clearly observed to this effect.
8. We are of the considered view that the decision relied upon by Shri Trivedi, learned counsel for the appellant, indicate clearly that the duty was cast upon the Court to see to it that its order / direction may not affect any one, who is likely to be affected without their being an opportunity to him. The reliance placed upon the decisions reported in (2010) 10 SCC 707 and (2014) 16 SCC 187 with emphasis to paras20 to 23 so far as first decision is concerned and paras 4 and 12 qua second decision is concerned, would hardly require any further elaboration on the point. In the instant case, the affected parties barring 3, have not been heard and they shall have not been served with any notice nor they have joined. In that view of the matter, fact remains to be noted that direction, which is issued even including direction qua 8(b) would affect to those and hence, to that extent, the direction and entire operative part of judgment needs to be stayed in Page 4 of 5 C/LPA/241/2019 ORDER the interest of justice. However, in order to maintain equity, it is observed that appeals are ordered to be fixed in the week commencing from 22.04.2019 for hearing and it would be for all, those who are likely to be affected, on account of the consideration and decision on these matters, to come forward for being heard in the present proceedings. The promotion, if any, affected shall be expressly made subject to final outcome of these appeals proceeding.
9. The appellant shall circulate this order and place it on the notice board so that all interested and likely to affect, may note of it and take steps for joining. It goes without saying that the pleadings will be completed well in advance so that on the next date of hearing, the proceedings may not be required to be adjourned, therefore, notice etc. may be placed on record and interested party, if any, may do the needful for having been joined in the proceedings on or before 15.04.2019.
10. In view of aforesaid the Civil Applications for stay are disposed of.
11. Registry is directed to keep copy of this order in each matter.
(S.R.BRAHMBHATT, J) (V. B. MAYANI, J) P.S. JOSHI Page 5 of 5