Patna High Court - Orders
Gyan Prakash vs The Union Of India on 1 April, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3695 of 2024
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Gyan Prakash
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
: Mr. Maurya Vijay Chandra
: Ms. Ankita Kumari, Advocate
: Mr. Vikas Kumar, Advocate
For the Respondent/s : Mr.Additional Solicitor General
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
4 01-04-2024Perusal of the counter affidavit on behalf of the respondent/railways reasons for displacing the petitioners while accommodating the contesting Respondent nos. 10 to 17 after their promotion to the post of Loco Pilot (Passengers) from the post of Loco Pilot (Goods) and that too against supernumerary post is not forthcoming. It is to be noted that why the regular holder of the post of Loco Pilot (Passengers) is to be disturbed in the guise of promoting Respondent nos. 10 to 17 who are promoted against supernumerary posts. The concerned railway authorities have permitted to file additional counter affidavit, if any, before the next date of hearing with the material information.
Patna High Court CWJC No.3695 of 2024(4) dt.01-04-2024 2/2
2. The official respondents are hereby directed to release / disburse the arrears of salary of the petitioners which are due to them, subject to outcome of the present petition.
3. In para 13 of the counter affidavit, Railway authorities have taken the contention that transfer of the petitioners was in the administrative reason. It is a conclusive and not supported by reasons. On the other hand, prima facie, it is evident that contesting Respondent Nos. 10 to 17 who were promoted to the post of Loco Pilot (Passengers) against supernumerary posts have displaced the regular holder of the post of Loco Pilot (Passengers) like petitioners.
4. Interim order to continue until further order.
5. Re-list this matter on 29.04.2024.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/-
U