Patna High Court
Girija Shankar Yadav and OrsversusThe Union of India and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- NANI TAGIA
Holding
The writ petition is dismissed as there is no reason to interfere with the advertisement for recruitment of additional licensed porters.
Summary
The petitioners, three licensed porters employed at Ara Railway Station, filed a writ petition challenging a Railway advertisement dated 31‑10‑2018 that sought to recruit eleven additional licensed porters. They argued that the recruitment would reduce the volume of work at the station and prejudice their employment. The respondents, representing the Union of India and the Eastern Railway, submitted that the advertisement was issued after an expert committee’s assessment of porter strength requirements, considering passenger footfall, train movements, and other relevant factors, and that the committee recommended the additional hires. The Court examined whether the advertisement was arbitrary or violative of any statutory provision and considered the petitioners’ claim of prejudice. Finding that the recruitment was based on a reasoned expert assessment and that there was no legal ground to interfere, the Court dismissed the writ petition. Consequently, the advertisement and the recruitment process were left undisturbed.
Issues considered
- Whether the advertisement for recruitment of additional licensed porters at Ara Railway Station is arbitrary or violative of any law, justifying interference under Article 226 of the Constitution.
- Whether the petitioners’ claim of prejudice due to reduced work constitutes a valid ground for quashing the recruitment advertisement.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- licensed porters
- recruitment
- Railway administration
- Article 226
- writ petition
- administrative discretion
- prejudice
- employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2917 of 2019
======================================================
1. Girija Shankar Yadav and Ors Late Dharmdev Yadav R/o Village- Kaithi,
P.S.- Bagen Gola District- Baxur (Bihar)
2. Vikrama Singh Late Kamla Singh R/o Village- Bhagwanpur, P.S.- Dokari,
District- Balliya (U.P.)
3. Rangila Yadav Late Kedar Yadav R/o Village- Sowan, P.S.- Krishna Brahm
District- Buxar
... ... Petitioner/s
Versus
1. The Union of India and Ors through Senior Divisional Commercia Manager,
Eastern Railway, Danapur Division, Patna
2. The General Manager, Eastern Central Railway, Patna, Hajipur
3. The Divisional Rail Manager, Eastern Railway, Danapur, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate
Mr. Savitesh Kumar, Advocate
For the Respondent/s : Mr. Anil Kumar Sinha, Advocate
Mr. Kumar Ravish, Advcate
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
3 17-02-2026 Heard learned counsel for the parties.
2. The petitioners, three in numbers, who are working
as ‘licensed porters’ at Ara Railway Station, have filed this writ
petition challenging the advertisement dated 31.10.2018 issued
by the Railway Administration, whereby 11 more licensed
porters are sought to be engaged at the Ara Railway Station. The
grounds of challenge to the aforesaid advertisement, seeking
engagement of 11 more licensed porters, is that if 11 more
porters are engaged, the volume of work at the Ara Railway
Station will decrease and accordingly, the petitioners would be
at prejudice.
Patna High Court CWJC No.2917 of 2019(3) dt.17-02-2026
2/3
3. Respondent Nos. 1 to 3 have filed a counter
affidavit wherein it has been stated that the aforesaid
advertisement, seeking to engage 11 more licensed porters, was
issued after an assessment made by the expert committee, which
undertook an analysis of the strength and requirement of
licensed porters over the Danapur Division of which Ara
Railway Station is a part. The committee, in its detailed
discussion, took into account factors such as: (i) footfall of
passengers at Railway Station (Reserved, Non-reserved, Higher
Class passengers), (ii) Number of trains
terminated/originated/pass through (iii) probable number of
passengers using licensed porter facility (iv) passengers carrying
trolley bag/suitcase and light weight goods, etc. Upon a detailed
discussion and after taking into account the factors mentioned
above, the committee came to finding that 11 more licensed
porters are required as per the CTI’s (Chief Ticket Inspector)
report.
4. In view of the above finding of the Committee
constituted for analysis of strength and requirement of licensed
porters over the Danapur Division pursuant to which the
impugned advertisement dated 30.10.2018 has been issued by
the Railway Administration to engage 11 more licensed porters
Patna High Court CWJC No.2917 of 2019(3) dt.17-02-2026
3/3
at Ara Railway Station, which findings of the Committee is
stated to have been recorded, after taking into consideration the
relevant factors, namely, footfall of passengers at station,
number of trains terminated, originated or passing through, etc.,
I am of the considered view that there is absolutely no reason to
interfere with the impugned advertisement in exercise of powers
under Article 226 of the Constitution of India.
5. Accordingly the writ petition fails and the same
stands dismissed.
(Nani Tagia, J)
Siddharth
Sagar/-
U
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