Gujarat High Court
Ghanchi Sharifbhai Mangalbhai vs Senior Dcm on 1 August, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
GHANCHI SHARIFBHAI MANGALBHAI....Petitioner(s)V/SSENIOR DCM....Respondent(s) C/SCA/8821/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 8821 of 2013 ================================================================ GHANCHI SHARIFBHAI MANGALBHAI....Petitioner(s) Versus SENIOR DCM....Respondent(s) ================================================================ Appearance: MR ATIT D THAKORE, ADVOCATE for the Petitioner(s) No. 1 MR SIRAJ R GORI, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 01/08/2013 ORAL ORDER
Heard learned Counsel appearing for the respective parties.
This petition under Article 226 of the Constitution of India is filed with the following prayers :-
(A) Be pleased to issue appropriate writ, order or direction by quashing and setting aside the impugned communication dated 7.3.2013 issued by the respondent authority and further be pleased to direct the respondent authority to transfer the license bearing buckle No.1787 in favour of the petitioner herein.
(B) Pass such other and further orders as the Hon'ble Court deems fit and proper in the interest of justice.
It is the case of the petitioner that his father Mangalbhai Ghanchi was working as a Porter at the Railway Station, Ahmedabad having license bearing Buckle No.1787 and was performing his duties diligently. Upon the sad demise of his father on 15.08.2005, the petitioner had requested the respondent Railway Authority to transfer the above License namely Buckle No.1787 in the name of the petitioner and has presented all relevant documents including his fitness to carry 37 Kgs. Of luggage etc. According to petitioner, his case can be considered in light of the circulars and other such decisions permitting the first degree heir to be eligible for transfer of the above license / buckle no.1787.
Upon issuance of Notice, learned Counsel Mr. Siraj Ghori appears for the Railway Authority and has placed reliance on the affidavit-in-reply filed on behalf of the Senior Divisional Commercial Manager, Western Railway, Ahmedabad. Learned Counsel Mr. Ghori further submits that an enquiry was made with regard to the claim of the petitioner but a final decision will be taken upon consideration of all relevant documents in accordance with law.
Considering overall facts and circumstances and the fact that the petitioner is son of Mangalbhai Ghanchi, who expired on 15.08.2005 it prima-facie appears that the petitioner is eligible to get the Buckle No.1787 transferred in his name and the Railway Authority is directed to take a decision in accordance with law, after considering the facts and circumstances of the case sympathetically.
With the aforesaid observation and direction, this petition stands disposed of. Direct Service is permitted.
Sd/-
(ANANT S.DAVE, J.) CAROLINE Page 3 of 3