Rajasthan High Court - Jaipur
Ganni Khan & Anr. vs . Union Of India & Anr. on 16 April, 2014
Author: Ajay Rastogi
Bench: Ajay Rastogi
In The High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R D.B. Civil Writ Petition No.2279/2014 Ganni Khan & Anr. Vs. Union of India & Anr. & D.B. Civil Writ Petition No.2452/2014 Union of India & Anr. Vs. Ganni Khan & Anr. Date : 16.04.2014 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr.Justice J.K. Ranka Mr.Ram Rakh Sharma Adv.,for petitioners (Ganni Khan & Suleman) Mr. Aslam Khan, for respondent (Union of India).
These cross petitions by both the parties have been filed being aggrieved by order of the Tribunal impugned in the instant proceedings dt.24.09.2013.
It reveals from the record that the original application no.654/2013 was filed by the petitioner applicant Ganni & another seeking preferential employment under the scheme introduced by the respondent Railways in replacement of employee who took voluntary retirement for his personal reasons and the learned Tribunal after hearing counsel for petitioners-applicant took note of scheme of preferential employment introduced by the Railways and had not confined to the rights of the petitioner applicant as to whether it is valid & justified and he is entitled to claim preferential employment under the scheme introduced but the tribunal has exceeded in its jurisdiction in examining validity of the scheme and finally held that the scheme is invalid & unconstitutional in law.
Counsel submits that it was never prayed and his grievance was to seek preferential employment under the scheme and not beyond it. According to him rejection of OA on the ground which was never prayed for and that too without affording notice to the respondent was not valid in the eye of law and requires interference by this Court.
Apart from the petition filed by the petitioners-applicant, there is another petition filed by Union of India also being aggrieved by the order of the tribunal & rightly so since without affording opportunity of hearing and calling upon respondent Union of India for the object for which the scheme was introduced and the reason behind it to provide such preferential employment the tribunal interfered in the same and held to be unconstitutional certainly Union of India was required to be heard and the finding which has been recorded regarding preferential employment introduced by the Union of India by the Tribunal certainly cannot be upheld by this Court.
We have heard counsel for the parties. As both the parties are aggrieved by the order of the tribunal, in our considered view the procedure followed by the tribunal in recording the finding in respect of the preferential scheme introduced by the Railways seeking employment without affording reasonable opportunity to the UOI cannot be approved by this Court and that is also not in conformity with the basic tenets of law where the parties to be afforded with the reasonable opportunity of hearing before any adverse order being passed, indisputably in the instant case the finding which has been recorded by the tribunal certainly adversely affects rights of Union of India to whom opportunity was not afforded to comply with basic requirement of law.
Before parting with the order we may clarify that what has been observed by us is only for disposal of the writ petitions and the Tribunal may not be influenced/inhibited by the observations made and decide the O.A. afresh in accordance with law.
The order of the tribunal impugned in the petitions dt.24.09.2013 is not legally sustainable and accordingly quashed & set aside. The Original Application stands restored and the parties are directed to appear before the tribunal on 12.05.2014 and it is expected from the tribunal to decide the OA after the reply being filed expeditiously in accordance with law.
Both the petitions stands disposed of. No costs.
(J.K. Ranka),J. (Ajay Rastogi),J. VS Shekhawat/-PA/p.3 2279cw14Apr16FnlDsps(S86).sxw Certificate - All corrections have been incorporated in the judgment/order being emailed/Vijay Singh Shekhawat/PAJW