Kerala High Court
Railway First Class Season Ticket ... vs Union Of India
Author: T.R. Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934
WP(C).No. 5711 of 2012 (L)
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PETITIONERS :
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1. RAILWAY FIRST CLASS SEASON TICKET PASSENGERS
ASSOCIATION, KOZHIKODE,
REPRESENTED BY ITS SECRETARY DR.SEEMA PRADEEP,
AGED 46 YEARS, W/O.DR.PRADEEP, G.G.DENTAL CLINIC,
OPP.OLD BUS STAND, VATAKARA,
CALICUT-673 101, RESIDING AT "THILAK", POST CHEVAYUR,
CALICUT-673 017.
2. I.ARUNJITH, AGED 46 YEARS,
S/O.GOPALAN, ITTUVEETTIL HOUSE, ATHANIKKAL,
WEST HILL P.O., CALCIUT-673 005.
3. DR.SREELATHA, AGED 46 YEARS,
W/O.DR.RAJEEV, KUNIYEDATHU, POST MARIKUNNU,
CALICUT-673 012.
4. DR.ANU AUGUSTINE, AGED 38 YEARS,
W/O.RAJEEV, ASSISTANT PROFESSOR,
DEPARTMENT OF BIO-TECHNOLOGY & MICRO-BIOLOGY,
KANNUR UNIVERSITY, PALAD, THALASSERY,
RESIDING AT NO.1-E (SKY LINE),
MARINE GATE NEAR CORPORATION OFFICE, BEACH ROAD,
CALICUT-673 032.
BY ADVS.SRI.T.C.GOVINDA SWAMY
SRI.G.SHYAM RAJ
SMT.KALA T.GOPI
RESPONDENTS :
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF RAILWAYS, (RAILWAY BOARD), RAIL BHAVAN,
NEW DELHI-110 001.
2. THE GENERAL MANAGER,
SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN.P.O.,
CHENNAI-600 003.
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WP(C).No. 5711 of 2012 (L)
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3. THE CHIEF COMMERCIAL MANAGER,
SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN.P.O.,
CHENNAI-600 003.
4. THE DIVISIONAL COMMERCIAL MANAGER,
SOUTHERN RAILWAY, PALAKKAD DIVISION,
PALAKKAD-678 002.
5. THE DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, PALAKKAD DIVISION,
PALAKKAD-678 002.
6. THE STATION MANAGER,
CALICUT RAILWAY STATION, SOUTHERN RAILWAY,
CALCIUT-673 001.
R1 TO R6 BY ADV. SRI.C.S.DIAS, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKM
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WP(C).No. 5711 of 2012 (L)
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APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P1 : COPY OF THE ORDER BEARING NO.J/C.565/UTS/P/VOL.I
DATED 17/10/2011 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 : COPY OF FIRST CLASS SEASON TICKET ISSUED
IN FAVOURT OF 1ST PETITIONER FOR THE PERIOD FROM
17/11/2011 TO 16/2/2012 ISSUED FROM VADAKARA TO
CALICUT.
EXHIBIT P3 : COPY OF FIRST CLASS SEASON TICKET ISSUED
IN FAVOURT OF THE PETITIONER AND SOME OTHERS.
EXHIBIT.P4 : PHOTOGRAPHS SHOWING THE DIFFERENT BAYS OF THE
FIRST CLASS COMPARTMENT OF TRAIN NO.12601
CHENNAI TO MANGLORE MAIL ON 27/2/2012.
EXHIBIT P5 : COPY OF THE RREPRESENTATION DATED 12/12/2011 BY
THE FIRST PETITIONER ASSOCIATION TO THE RAILWAY
MINISTER.
EXHIBIT P6 : COPY OF THE REPRESENTATION DATED 11/1/2012 BY
THE 1ST PETITIONER ASSOCIATION TO THE
DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAYS,
PALAKKAD.
EXHIBIT P7 : COPY OF THE COMMUNICATION SENT BY THE
HONOURABLE MEMBER OF PARLIAMENT,
SHRI.M.K.RAGHAVAN DATED 28/10/2011 ADDRESSED TO
THE GENERAL MANAGER, SOUTHERN RAILWAY.
EXHIBIT P8 : COPY OF THE COMMMUNICATION SENT BY THE
HONOURABLE MEMBER OF PARLIAMENT,
SHRI.M.K.RAGHAVAN DATED 28/10/2011 ADDRESSED TO
THE CHAIRMAN, RAILWAY BOARD.
EXHIBIT P9 : PHOTO COPY OF THE RELAVANT EXTRACT OF
MADHYAMAM DAILY DATED 28/9/2011.
EXHIBIT P10 : PHOTO COPY OF THE RELAVANT EXTRACT OF HINDU
DAILY DATED 22/2/2012.
EXHIBIT P11 : PHOTO COPY OF THE RELAVANT EXTRACT OF
MATHRUBHUMI DAILY DATED 23/2/2012.
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EXHIBIT P12 : PHOTO COPY OF THE RELAVANT EXTRACT OF
MADHYAMAM DAILY DATED 25/2/2012.
EXHIBIT P13 : PHOTO COPY OF THE RELAVANT EXTRACT OF
MATHRUBHUMI DAILY DATED 26/2/2012.
EXHIBIT P14 : COPY OF LETTER NO.J/C.50/RTI/2012/9 DATED
31/1/2012 SENT BY 4TH RESPONDENT.
EXHIBIT P15 : COPY OF CIRCULAR NO.3/2006 DATED 12/1/2006
ISSUED BY THE 1ST RESPONDENT MINISTRY OF
RAILWAY.
EXHIBIT P16 : COPY OF THE RELEVANT EXTRACTS OF PARAS 265 TO
267 CONTAINED IN INDIAN RAILWAY COMMERCIAL
MANUAL.
EXHIBIT P17 : THE RELEVANT PROVISIONS CONTAINED IN RULES
242.1 TO 242.3 OF THE INDIAN RAILWAY CONFERENCE
ASSOCIATION COACHING TARIFF PART-I, VOL.1.
EXHIBIT P18 : COPY OF THE APPLICATION DATED NIL ADDRESSED TO
THE PUBLIC INFORMATION OFFICER O/O. THE
DIVISIONAL RAILWAY MANAGER, PALAKKAD DIVISION.
EXHIBIT P19 : COPY OF THE LETTER BEARING NO. C415/ RTIA/273/
04/11-12 DATED 24.02.2012 ADDRESSED TO THE
PUBLIC INFORMATION OFFICER, HEAD QUARTERS
OFFICE, COMMERCIAL BRANCH, CHENNAI ALONG WITH
ITS ANNEXURES.
EXHIBIT P20 : COPY OF THE LETTER NO.J/C.50/RTI/2012/4 DATED
01.03.2012 ISSUED BY APPELLATE AUTHORITY AND
ADDITIONAL DIVISIONAL RAILWAY MANAGER.
EXHIBIT P21 : COPY OF THE REPRESENTATION DATED 07.05.2012
ADDRESSED TO THE CHAIRMAN, RAILWAY BOARD,
NEW DELHI
EXHIBIT P22 : COPY OF THE LETTER BEARING NO. C415/ RTIA/ 348/
04/11-12 DATED 17.04.2012 ADDRESSED TO THE PUBLIC
INFORMATION OFFICER, HEAD QUARTERS OFFICE,
COMMERCIAL BRANCH, CHENNAI ALONG WITH ITS
ANNEXURES.
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EXHIBIT P23 : COPY OF LETTER NO.C.625/PRS/53/12/RTI/VOL.XIX
DATED 09.04.2012 ISSUED BY CHIEF COMMERCIAL
MANAGER (PM).
EXHIBIT P24 : COPY OF RELEVANT RAILWAY RULE DOWN LOADED FROM
THE WEB SITE AND LETTER TO DIVISIONAL RAILWAY
MANAGER DATED 4TH MARCH, 2012.
EXHIBIT P25 : COPY OF LETTER DATED 06.03.2012 ADDRESSED TO THE
PUBLIC INFORMATION OFFICER, HEAD QUARTERS,
CHENNAI ALONG WITH ITS ANNEXURES.
EXHIBIT P26 : COPY OF LETTER BEARING NO.C415/RTIA/273/04/11-12
DATED 04.02.2012 ADDRESSED TO THE PUBLIC
INFORMATION OFFICER, HEAD QUARTERS OFFICE,
COMMERCIAL BRANCH, CHENNAI.
EXHIBIT P27 : COPY OF PLAT FORM TICKET BEARING NO.207642277
DATED 27.03.2012 TAKEN AT 21 HOURS 23 MINUTES
FROM ERNAKULAM JUNCTION.
RESPONDENTS' EXHIBITS :
EXHIBIT R3-1 : COPY OF A SPECIMEN OF SEASON TICKET
NO00000867 ISSUED BY THE RESPONDENTS.
EXHIBIT R3-2 : COPY OF LETTER NO.C.539/P/VOL.XIX (PART) ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT R3-3 : COPY OF ORDER NO.TCII/2001/96/ST/POLICY ISSUED
BY THE DIRECTOR, RAILWAY BOARD, NEW DELHI
EXHIBIT R3-4 : COPY OF LETTER NO.C.539/P/VOL.XIX (PART) ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT R3-5 : COPY OF LETTER NO.C.539/P/VOL.XVIII ISSUED BY THE
2ND RESPONDENT.
EXHIBIT R3-6 : COPY OF LETTER NO.C.539/P/VOL.XIX (PART) ISSUED
BY THE 3RD RESPONDENT.
EXHIBIT R3-7 : COPY OF EXTRACT OF RELEVANT PAGE OF COMMERCIAL
MANUAL (VOLUME I) OF THE INDIAN RAILWAY.
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EXHIBIT R3-8 : COPY OF THE ORDER IN W.P.(C) NO.3515 OF 2007 OF
THIS HONOURABLE COURT.
EXHIBIT R3-9 : COPY OF OCCUPANCY CHART OF 1ST CLASS PASSENGERS
ON TRAIN NOS.12601/12602 - MANGALORE - CHENNAI -
MANGALORE MAIL FOR THE LAST 5 MONTHS FROM
OCTOBER 2011 TO FEBRUARY 2012.
EXHIBIT R3-10 : COPY OF CLAUSE 102 OF THE COMMERCIAL MANUAL
(PART I) (VOLUME I) OF THE INDIAN RAILWAY.
TRUE COPY
PA TO JUDGE
RKM
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.5711/2012
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Dated this the 19th day of December, 2012
J U D G M E N T
The petitioners are seeking to quash Ext.P1 and seeks for issuance of a writ of mandamus commanding respondents to continue to issue first class super fast tickets to the petitioners as provided in Exts.P16 and P17.
2. The first petitioner is an association and petitioners 2, 3 and 4 are stated to be regular passengers in various trains to different locations. It is submitted that Ext.P1 is issued as a disposal of a representation, refusing to issue first class season tickets for Super Fast trains in particular and informing that the same will be issued only in those sections where first class unreserved coaches are running.
3. Heard learned counsel for the petitioners Shri T.C.Govindaswamy and learned Standing Counsel Shri C.S.Dias. Shri Govindaswamy, while advancing the argument, submitted that there cannot be any refusal to issue first class season tickets in any sector. Many of the passengers have been travelling after availing the said facility. It is submitted that the denial of the facility has been highlighted by Exts.P5 and P6 representations as well as the communications sent by the Member of Parliament Shri M.K.Raghavan by Exts.P7 and P8 and newspaper quotes produced as Exts.P9 to P13. It is submitted that Section 50 of the Railway Act, 1989 provides for supply of tickets on payment of fare to a person W.P.(C). No.5711/2012 -:2:- desirous of travelling on railway. The issuance of season tickets are covered by paras.265 to 267 of the Indian Railways Commercial Manual Vol.I produced as Ext.P16 and the learned counsel invited my attention to clause 265 which provides under sub-clause (a) that the rules and conditions under which season tickets are issued, as well as the names of stations at which issued, and the fares to be charged, are notified by the railway administrations in their local tariffs and guides. Clause 266 provides that season tickets available for a period of one month or three months, as the case may be, will be issued from any date in a calendar month. Further provisions are also there under the said clause. In Ext.P17, namely, the relevant portion of the Indian Railway Conference Association Coaching Tariff No.26 Part-I (Vol.I), para.242.1 (i) refers to "Season Tickets". Therein it is mentioned that season tickets are issued for first and second classes only and these tickets are valid in the class for which they are issued. The restriction therein is that first class season ticket holders are not allowed to travel in AC coaches. Sub-para (iv) deals with "Validity" wherein it is mentioned that season tickets are not valid for travel in reserved coaches and trains.
4. Learned counsel for the petitioners also referred to the averments in para.15 of the counter affidavit filed by respondents 2 to 6 and submitted that at any rate the petitioners are entitled to be issued first W.P.(C). No.5711/2012 -:3:- class season tickets and it will not depend upon the availability of facility of trains etc.. No restrictions can therefore be made in the matter. Section 50 confers power to make rules on the Government alone.
5. Learned counsel for the petitioners, therefore, submitted that as far as the system of issuance of season tickets is prevalent, the prescription in Ext.P1 cannot be justified. Therein, the decision is to the effect that first class season tickets will be issued only in those sections where first class unreserved coaches are there and the same is unsupportable. It is in that context, Section 50 of the Railway Act, 1989 is relied upon. The stand taken by the respondents in the counter affidavit and as argued by the learned Standing Counsel Shri Dias is that the petitioners are under a misapprehension. Ext.R3(1) is the reverse side of Ext.P2 wherein it is specifically mentioned that a season ticket holder is not permitted to travel in reserved coaches. Ext.R3(1) is a specimen season ticket wherein condition No.6 reads thus: "Not permitted to travel in Reserved Coaches". Learned counsel also relied upon Sub-para (iv) of para.242.1 of Ext.P17 wherein it has been specifically laid down that season tickets are not valid for travel in reserved coaches and trains. In the case of Mail/Express/Superfast trains, they are valid for travel by only those Mail/Express/Superfast trains where it has specifically been permitted by Railway Administration. It is submitted that no superfast trains W.P.(C). No.5711/2012 -:4:- are having unreserved coaches. Some of the trains mentioned by the petitioners in the writ petition are superfast trains. The learned counsel therefore submitted that the proceedings issued as per Ext.P1 is perfectly valid and there is due authorisation and delegation for it. It is also submitted that Ext.P17 is not under challenge.
6. With regard to the reason for imposing the restrictions in travelling in reserved coaches, it is explained in para.11 of the counter affidavit that it is only because of the umpteen numbers of complaints that were received by the Railway Administration regarding the problems, disturbances caused by season ticket holders to the reserved passengers while the norms were not in vogue. It is after evaluating and taking into consideration the overall interest and convenience of all its passengers, the Railway Administration enacted sub clause (iv) of clause 242.1 of Ext.P17, imposing restrictions on season ticket holders travelling in reserved compartments. In para.12 of the counter affidavit it is explained that the petitioners can very well travel in Trivandrum-Mangalore-Trivandrum (Parasuram Express) in which first class unreserved coach facility is available. The petitioners, if they are in dire need to travel by Train No.12601, they can use the general compartment by availing the second class season ticket facility. The Railway Administration as per clause 305 of Chapter III of the Indian Railway Commercial Manual (Vol.I) is bound W.P.(C). No.5711/2012 -:5:- and responsible to see that upper and lower class passengers who have reserved their berths/seats in advance in compartments/carriages are properly accommodated. The same is produced as Ext.R3(7). Various other factors have also been pointed out in the counter affidavit.
7. In the counter affidavit, the respondents are relying upon a Judgment of this Court produced as Ext.R3(8) in W.P.(C).Nos.3515 & 4068 of 2007 wherein a similar question was considered and the writ petition was dismissed accepting the pleas of the Railways. In para.6 after referring to clause 242.1 of Ext.P17, the learned Single Judge held as follows:
"................ The result of the aforesaid discussion is that in view of Clause 242.1 of the Tariff, season ticket holders, whether they are first class ticket holders or second class ticket holders, would not be entitled to travel in reserved coaches attached to trains while the first class season ticket holders would be entitled to travel in unreserved coaches only during day time. This is plainly what emanates Clause 242.1 of the Tariff."
8. Even though, learned counsel for the petitioners vehemently argued that the petitioners are entitled for issuance of such tickets to travel in any sectors and in any trains, the issue has been found against by W.P.(C). No.5711/2012 -:6:- various Judgments of this Court. In O.P.No.1337/2002 a similar grievance was raised. It was held in para.2 by a Division Bench as follows:
"........... The season ticket does not guarantee that the petitioners would be able to travel on any particular train, at a particular time. It only permits to travel by first class on any train that runs on the line for which the season ticket is issued."
9. In W.A.No.3133/2001 also the Division Bench considered the very same issue. Their Lordships considered the necessity to provide and ensure seats with the persons who have reserved their berths. In para.4 it has been held as follows:
"These are days when train travel is clearly regulated by advance reservation. The reservation is effected even one month before the journey is undertaken. In that situation, reserved compartments and the reservation coaches are normally available only to those who have reserved their berths or seats. There is no reservation of seats or berths for first class season ticket holders or for that matter, the second class season ticket holders. Therefore, when Railways takes the stand that season ticket holders are not entitled to travel in reserved coaches and trains as provided in Rule 242 of the W.P.(C). No.5711/2012 -:7:- Rules above referred to, it could not be said to be an untenable submission and the restriction imposed cannot be said to be an unreasonable restriction. In that situation, we do not see our way to interfere with the decision of the learned single Judge or to hold that the first class season ticket holders have a right to travel in air conditioned second class or sleeper coaches as of right and without having a reservation either in advance or Talkal. ......."
10. Already this Court, therefore, has held in similar cases that the pleas raised by the persons like the petitioners cannot be accepted. There is no illegality in the prescriptions of Ext.P1. The prescription that they can travel only in those sections where first class unreserved coaches are running is not at all arbitrary or illegal or ultra vires. The persons who have reserved tickets will have to be protected and their problems also will have to be addressed by the Railways. For all these reasons, the writ petition is dismissed. No costs.
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(T.R. Ramachandran Nair, Judge.) ms