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Patna High Court

The Union Of India & Ors vs Mukesh Kumar Singh & Ors on 23 January, 2018

Author: Ajay Kumar Tripathi

Bench: Ajay Kumar Tripathi, Nilu Agrawal

      IN THE HIGH COURT OF JUDICATURE AT PATNA

              Civil Writ Jurisdiction Case No.1299 of 2018
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1. The Union Of India through the Chairman, Railway Board, Ministry o f
   Railway, Rail Bhawan, New Delhi-1
2. The General Manager, East Central Railway, Hajipur, Vaishali.
3. The General Manager (P), East Central Railway, Hajipur, Vaishali.
4. The Divisional Railway Manager, East Central Railway, Sonepur, Saran.
5. The Senior Divisional operating Manager, East Central Railway, Sonepur,
   Saran.
6. The Senior Divisional Personnel Officer, East Central Railway, Sonepur, Saran.

                                                              .... ....   Petitioner/s
                                     Versus
1. Mukesh Kumar Singh S/o Shri Janardan Singh
2. Chandra Shekhar Kumar S/o Shri Raghu Nath Kumar
3. Pankaj Kumar Singh S/o Shri B.N. Singh
4. Vishwajeet Kashyap S/o Shri B.N.P. Singh
5. Sachin Kumar Singh S/o Shri Surendra Prasad Singh
6. Om Prakash Singh S/o Shri Ram Babu Singh
7. Hari Narayan Thakur S/o Shri Late Vishwanath Singh
8. Prasun Kumar Singh S/o Shri Late BrijBihari Prasad Singh
9. Arvind Kumar S/o Shri Baidyanath Prasad Singh
10. Santosh Kumar Yadav S/o Jawaharlal Yadav
11. Virendra Kumar S/o Shri ShyamBihari Prasad
12. Prashant Kumar Singh S/o late Prem Sagar Singh
13. Abhishek Kumar S/o Shri Paras Nath Kumar
14. Abhishek S/o Ram Nandanlal Karn
15. Manoj Kumar Singh S/o Shri Nageshwar Singh
16. Shashikant Kumar S/o late Bangali Prasad Singh
17. Hari Mohan Singh S/o Shri Paras Nath Singh
18. Santosh Kumar S/o Shri Rameshwar Prasad Sharma
19. Amitabh Gautam S/o Shri Ramesh Narayan Singh
20. Pramod Prasad Singh S/o late Shyam Bihari Prasd Singh All are Goods Guard,
   East Central Railway, Sonepur Division, District- Saran(Bihar).
 Patna High Court CWJC No.1299 of 2018 dt.23-01-2018

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                                                 .... .... Respondent/s
    ===========================================================
         Appearance :
            For the Petitioner/s       :        Mr. Shekhar Singh, Adv.
            For the Respondent/s           :     Mr.
    ===========================================================
    CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
              and
              HONOURABLE JUSTICE SMT. NILU AGRAWAL
    ORAL JUDGMENT
    (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)
    Date: 23-01-2018


                      Heard learned counsel for the Railways.

                      We are not persuaded to interfere with the order dated

          29.05.2017

passed by the Central Administrative Tribunal, Patna Bench Patna in O.A. No. 760 of 2015 because the Tribunal has rightly held that there cannot be benefit of reservation in promotion in view of the Constitution Bench decision which still occupies the field which is the case of M. Nagraj Vs. Union of India, (2006) 8 SCC 212.

Not only this, a Division Bench of the Patna High Court in the case of State of Bihar Vs. Sushil Kumar Singh & Ors. reported in 2015 (3) PLJR 594 has held the similar view and that judgment has not been set aside by the Hon'ble Apex Court so far.

It is a futile effort on the part of the Railways, therefore, to tilt the windmill against the constitutional sanction and the declaration of law.

Patna High Court CWJC No.1299 of 2018 dt.23-01-2018 3/3 The writ application, therefore, is fit to be dismissed. No interference is warranted with the impugned order.

Writ is dismissed.

                                              (Ajay Kumar Tripathi, J)



                                                    (Nilu Agrawal, J)
Devendra/Arjun


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Uploading Date 25.01.2018
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