Allahabad High Court
Salman Khan And 99 Others vs The Union Of India And 5 Others on 8 February, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:22735 Court No. - 35 Case :- WRIT - A No. - 1877 of 2024 Petitioner :- Salman Khan And 99 Others Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Prashant Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Prakash Padia,J.
1. The petitioners have preferred the present petition with the following prayers:-
"(a) Issue a writ order or direction, in the nature of Mandamus directing the Respondent Authorities to consider the grievance of the petitioner for changing their cadre from Ancillary Staff to Constable (lexecutive) in RPE/RPSF, in pursuance of the existing Directives at the time entering in their services.
(b) Issue a writ order or direction. in the nature of Mandamus, directing the Respondent Authorities, to consider the representation of the petitioners and to pass appropriate order with regard, to changing their cadre from Ancillary Staff to constable (Executive) in RPF/RPSF. in pursuance of the existing Directive at the time of entering in their services.
(c) Issue a writ order or direction, in the nature of Mandamus. directing the Respondent Authorities to form a uniform Policy/Directive for changing of cadre from Ancillary Staff to Constable (IExecutive) in RPF/RPSF."
2. Learned counsel for the petitioners placed reliance upon the judgement and order dated 22.09.2023 passed by this Court in the case of Hareom and Others Vs. Union of India and Others (Writ A No.15962 of 2023). The aforesaid order is reproduced hereinbelow:-
"1. Heard learned counsel for the parties.
2. Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
3. Petitioners before this Court who are 138 in number wants that their claim for transfer as Constable (Executive). RPF/RPSF be accorded due consideration. All the petitioners were appointed as a Constables (Water Carrier) and Constable (Sweeper) respectively came to be styled as Follower, ancillary staff by the RPF/RPSF and all claim to be matriculate as per averments made in paragraph no.4 to the supplementary affidavit or may possessed of requisite eligibility and also claim to be medically fit for B-1 category as per circular letter 15.06.1996, Directive No.14 issued by the Government of India, Ministry of Railways dated 15.06.1996 that runs as under:
DIRECTIVE No.14 Sub:-Change of Cadre of following to the rank of Constable (executive).
With a view to provide promotional prospects to those ancillary staff who are matriculate and are willing to serve as constable in the Executive Branch of RPF, if has been decided that the followed may be allowed to change the cadre upto 10% of the vacancies of constables on any Railway. The guidelines in this regard are as under:
1. Upto 105 of the vacancies of constables in grade Rs.825-1200/- should be filled by transfer of eligible ancillary staff who have put in 5 year service, and are not more than 35 years old, who would like to come to the Executive Branch and are found medically fit for B-1 category.
2. They should also confirm to the physical standards and educational qualifications prescribed for constables in the RPF Rules.
3. Their service records for this purpose may be screened by a committee of one commandant/DSC and two Asstt. Commandants/ASCs and the panel/recommendations will be approved by the DG on the recommendation/CSC/IG/RPSF.
4. The ancillary staff thus selected should undergo the initial training course before their posting in the Executive Branch.
The directive will come into force with immediate effect."
4. In the considered view of the Court even though petitioners have moved a common application before the competent authority namely, respondent no.2, it is hereby provided that if each individual petitioner moves a separate individual application for consideration of his claim for being transferred and posted as Constable (Executive Branch) of the Railway Protection Force/Railway Protection Security Force, within a period of thirty days from today annexing therewith all the requisite documents to show their eligibility as per Directive No.14 quoted herein above, his application shall be individually examined by the competent authority and shall be disposed of strictly in accordance with law within the next three months' time.
5. It is made clear that each application made by the individual shall be disposed of by separate order which will be well informed and reasoned one.
6. With the aforesaid observations and directions, this petition stands disposed of."
3. It is argued by learned counsel for the petitioners that the controversy involved in the present petition is squarely covered with the aforequoted judgement and prays that the petitioners are also entitled for the same relief.
4. Sri Purnendu Kumar, learned counsel appearing on behalf of the respondents/Union of India also admitted the said fact.
5. Since the controversy has already been decided by this Court, the present petition is disposed of in terms of the aforequoted order dated 22.09.2023.
Order Date :- 8.2.2024 saqlain