Petitioners challenged a Tribunal order dismissing their application for appointment as Railway Gangmen due to delay. The HC held that since the recruitment process ended in 2008 and the Tribunal application was filed in 2016, the claim is barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9379 of 2016
=========================================================== 1. Bharat Bhushan Sharma, aged about - 42 years, Son of Sri Bhuneshwar Sharma, resident of Village- Baro Gachhi Tola, P.O- Baro, P.S Fulwaria, District - Begusarai, presently working as Collie License No. 2 , Railway Station - Pasraha, Sonepur Division, E.C, Railway, Hazipur.
.... .... Petitioner/s
Versus
Patna High Court CWJC No.9379 of 2016 dt.26-10-2016
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Railway, Hajipur.
.... .... Respondent/s
===========================================================
Appearance :
For the Petitioners : Mr. Ajoy Kumar Chakraborty, Advocate For Respondent Nos. 3,4,5 & 6 : Mr. Ashok Kumar Keshri, Sr. Advocate Mrs. Seema Kumari, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 26-10-2016
Heard learned counsel for the parties.
Patna High Court CWJC No.9379 of 2016 dt.26-10-2016
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petitioners were one of the candidates who applied but were not selected. However, the petitioners invoked the jurisdiction of the Tribunal only in the year 2016. The learned Tribunal found that the Original Application filed by the applicants is delayed as the recruitment process was closed way back in the year 2008 and that the Original Application is totally barred by limitation.
Patna High Court CWJC No.9379 of 2016 dt.26-10-2016
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However, the petitioners have taken more than seven years to invoke the jurisdiction of the Tribunal which has rightly found the Original Application to be barred by limitation.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P.
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 29.10.2016 Transmission Date
3 issues framed by the court
Whether the writ can be entertained to grant appointment as Gangman when the National Recruitment Agency has already selected candidates under the Railways' 2008 scheme.
Whether the Original Application filed by the petitioners with the Tribunal is barred by limitation due to a delay of more than seven years.
Whether the claim for appointment ought to be entertained despite the recruitment process being completed in 2008.
Bharat Bhushan Sharma and others
Union of India and others
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
