Calcutta High Court (Appellete Side)
Shravan Kumar vs Union Of India & Ors on 28 September, 2022
Author: Suvra Ghosh
Bench: Suvra Ghosh
September 28, 2022
ARDR
WPA 21990 of 2022
Shravan Kumar
Vs.
Union of India & Ors.
Mr. Saptarshi Roy
Ms. K. Das Chakraborty,
...for the petitioner.
Mr. Ajoy Krishna Chatterjee, Sr. Adv.,
Mr. Rivu Dutta,
...for the respondent railway.
Affidavit of service filed by the petitioner is taken on record.
The petitioner being a company engaged in the business of transportation of goods of various nature, both perishable and non-perishable throughout the country by the railways, has prayed for modification of the circular issued by the Eastern Railway on 24 th/27th June, 2013 and 1st July, 2013 to the extent that the petitioner may be allowed to load and unload perishable goods to the extent of 5 tonnes from the platform of Howrah Station instead of the goodsyard.
Similar issue was raised before a Co-ordinate Bench of this Court and by an order passed on 6 th July, 2022 in WPA 12872, it has been observed by the Co-ordinate Bench that the notification impugned dated July 1, 2013 is required to be relaxed for the purpose of VP loaders and unloaders to stack, load and unload perishable commodities on the platform at least for the limited period 2 which is required for the train to arrive at the station and to leave the station.
It has been recorded in the said order in no uncertain terms of discrimination drawn between the VPs and SLRs at least in respect of perishable goods is unreasonable and cannot be justified.
This Court, too, has passed similar order in matter pertaining to a similar issue on 23 rd September, 2022 in WPA 21852 of 2022.
In view of the decision taken in WPA 12872 of 2022 by the Co-ordinate Bench as well as in WPA 21852 of 2022 by this Court modifying the notification dated July 1, 2013 to the extent that in respect of Eastern Railway trains and South Eastern Railway trains of which the originating station is Howrah, the petitioner in the said writ petition shall be permitted to use Howrah railway platform immediately prior to the departure of the concerned trains for the limited purpose of loading and unloading perishable goods only up to a maximum of 5 tonnes, this Court is of the view that the present petitioner, similarly circumstanced with the petitioner in the earlier writ petition, is also entitled to the same relaxations.
In view of above, the writ petition is disposed of by relaxing/modifying the notices dated 24th/27th June, 2013 and 1st July, 2013 to the extent that the petitioner shall be permitted to load and unload perishable goods to the extent of 5 tonnes from the railway station at Howrah 3 during the time allotted by the railway authority subject to an undertaking given by the petitioner in this regard to the authority on the platform.
Accordingly, this writ petition being WPA 21990 of 2022 is disposed of. There shall however, be no order as to costs.
Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)