Dismissed

Ashok v. Union of India and 4 Others

Allahabad HC4 Jul 2024WRIC/16993/2024

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging orders denying the petitioner the right to operate a shop on a railway platform. The court held that a valid FSSAI certificate is mandatory and the petitioner failed to produce one. The court permitted the petitioner to apply afresh upon obtaining a valid certificate.

What did the court decide?

Writ petitions dismissed. Petitioner allowed to apply afresh upon obtaining valid FSSAI certificate.

Ashok vs Union of India and 4 Others — Service and Employment | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:108504-DB

¶2

Court No. - 40

¶3

Case :- WRIT - C No. - 16993 of 2024

¶4

Petitioner :- Ashok Respondent :- Union Of India And 4 Others Counsel for Petitioner :- A.K.Srivastava,Gopal Srivastava Counsel for Respondent :- A.S.G.I.

¶5

with

¶6

Case :- WRIT - C No. - 42028 of 2023

¶7

Petitioner :- Ashok Respondent :- Union Of India And 3 Others Counsel for Petitioner :- A.K.Srivastava,Gopal Srivastava Counsel for Respondent :- A.S.G.I.,Krishna Agarawal

¶8

Hon'ble Shekhar B. Saraf,J. Hon'ble Manjive Shukla,J.

¶9

These are the writ petitions under Article 226 of the Constitution of India wherein the petitioner is aggrieved by the order dated April 24, 2024 passed by the Divisional Railway Manager, Lucknow and the subsequent impugned order dated April 27, 2024 passed by the Chief Catering Inspector, Gorakhpur.

¶10

The case made out by the petitioner is that he has been carrying out the work as Commission Vendor since the year 1985. In earlier round of litigation, a co-ordinate Bench of this Court by order dated December 6, 2023 permitted the petitioner to continue with his retail snacks and tea shop on the Railway Platform provided he deposits the requisite commission as indicated in his licence.

¶11

It is to be noted that during that period the petitioner was having appropriate certificate issued by the Food Safety and Standards Authority of India (FSSAI) which was valid till April 6, 2024. Upon expiry of the period of the said certificate, the impugned orders were passed by the respondents authorities wherein the petitioner was denied the right to continue with his retail snacks and tea shop on the Railway Platform. The reason provided in the impugned orders is dual in nature - firstly, it was stated that petitioner did not have the proper FSSAI certificate and secondly, it was stated that petitioner had attained the age of 60 years and

¶12

therefore, could not continue as a Commission Vendor.

¶13

Learned counsel appearing for the petitioner has submitted that the ground taken in the impugned orders with regard to the age of the petitioner is completely arbitrary and is required to be rejected outright as the petitioner is not a Government employee and no age restriction applies to him. However, learned counsel appearing for the petitioner could not explain the reason for not having a valid FSSAI certificate. Neither the petitioner has made application in any manner before the FSSAI for issuance of certificate.

¶14

In our view, without having a valid FSSAI certificate the petitioner cannot claim any right for carrying out the work as a Commission Vendor on the Railway Platform.

¶15

Accordingly, the impugned orders cannot be interfered with and both the writ petitions are dismissed.

¶16

However, we make it clear that in the event the FSSAI certificate is obtained by the petitioner from the authority concerned, he may apply to the Railways for allowing him to continue with his retail snacks and tea shop on the Railway Platform. The decision shall be taken by the Railways with regard to issue whether such a licence should be granted to the petitioner.

¶17

Order Date :- 4.7.2024 Salim

¶18

(Manjive Shukla, J.) (Shekhar B. Saraf, J.)

¶19

Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad

Ashok v. Union of India and 4 Others

Case brief

What is this about?

What did the court decide?

Ashok v. Union of India and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Mrr Consultants Pvt. Ltd. vs State of Up and 7 Others

Smt Manju Singh and 30 Others vs State of Up and 3 Others

Nisha Kureel vs State of Up and 3 Others

Raj Karan and 10 Others vs State of Up and 5 Others

M/S Chandra Metals Limited vs Union of India and 4 Others

Shubham Sharma vs State of Up and 5 Others