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Rajasthan High Court - Jodhpur

Dharm Prakash Meena vs Union Of India on 24 April, 2019

Author: Arun Bhansali

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Civil Writ Petition No. 5699/2019

1.     Dharm Prakash Meena S/o Sh. Babulal Meena, Aged
       About 29 Years, B/c Meena, At Present Working As
       Executive / Electrical, In Dfccil, At Marwar Junction, Pali.
2.     Aayush Varsnaye S/o Sh. Ramraj Ji,, Aged About 28
       Years, B/c Varsnaye, In Dfccil At Present Working As
       Executive/electrical,       At     Bangurgram            Beawar,   District
       Ajmer.
                                                                  ----Petitioners
                                   Versus
1.     Union Of India, Through The Secretary, Ministry Of
       Railways, Rail Bhawan, New Delhi.
2.     Dedicated Freight Corridor Corporation Of India Ltd., A
       Govt. Of India (Ministry Of Railways) Enterprise, Through
       Managing Director 5Th Floor, Pragati Maidan Metro
       Station Building Complex, Nw Delhi 110001
3.     General Manager (Hr), Dedicated Freight Corridor
       Corporation Of India Ltd. A Govt. Of India (Ministry Of
       Railways) Enterprise, 5Th Floor, Pragati Maidan Metro
       Station Building Complex, New Delhi 110001
4.     Dedicated Freight Corridor Corporation Of India Ltd., A
       Govt. Of India (Ministry Of Railways) Enterprise, Through
       Cgm, Ajmer A-1, Circular Road, Near Sp Grp, Dfccil,
       Ajmer.
5.     Airports Authority Of India, Through The General
       Manager, Corporate Head Quarters, Rajiv Gandhi Bhawan,
       Safdarjung Airport, New Delhi- 110003
                                                                ----Respondents


For Petitioner(s)         :    Mr. Anil Vays
For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

Order 24/04/2019 It is submitted by learned counsel for the petitioners that even as per the service agreement cum bond executed by the petitioners, as the petitioners have completed three years of (Downloaded on 28/06/2019 at 12:31:00 AM) (2 of 2) [CW-5699/2019] service, the action of the respondents in not issuing NOC and/or forwarding of the applications to the Airports Authority of India, is not justified.

Reliance has been placed on judgment in Vijay Kumar Anugandula v. Dedicated Freight Corridor Corporation of India Ltd. : W.P. (C) No. 6597/2017, decided on 14.11.2018 by Delhi High Court.

In view of the submissions made, issue notice. Issue notice of stay application as well. Both the notices are made returnable within a period of four weeks.

Notices when issued be given 'dasti' to counsel for the petitioners.

In the meanwhile and until further orders, the respondent Nos. 2 and 3 are directed to issue requisite NOC to the petitioners for appearing before Airports Authority of India pursuant to the call letters issued to them by 26.04.2019. However, the issuance of such NOC shall remain subject to the final outcome of the present writ petition.

(ARUN BHANSALI),J 188-AK Chouhan/-

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