Full Judgment Text
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PETITIONER:
UNION OF INDIA & ORS,
Vs.
RESPONDENT:
M/S SHARMA COAL CO
DATE OF JUDGMENT: 10/05/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (5)199
ACT:
HEADNOTE:
JUDGMENT:
THE 10TH DAY OF MAY, 1996
Present:
Hon’ble Mr.Justice K.Ramaswamy
Hon’ble Mr.Justice G.B.Pattanaik
C.B.Babu, B Krishna Prasad and P.Parmeshwaran, Advs. for
the appellants.
O R D E R
The following Order of the Court was delivered:
Union of India & Ors.
V.
M/s. Sharma Coal Co.
O R D E R
Leave granted.
Though the respondents have been served, none appears
either in person or through the counsel. We have heard
counsel for the appellant.
This appeal arises from the order of the Division Bench
of the Guwahati High Court in a batch of writ petitions
being Civil Rule No.1153/83 and batch passed on dated July
30, 1990. The Railway administration had prepared a
preferential traffic scheme (PTS), by general order No.71
categorizing the priority articles for carriage by railways
and allotted different priorities which are made in
alphabetic orders A to E. Sponsored coal movement was
mentioned in Category C priority and priority E would
include non-sponsored coal. Subsequently by proceedings
dated March 1, 1989 the Railways modified its earlier scheme
and issued general PTS Order No.77 with effect from April 1,
1989 under which priorities were redetermined. It would
appear that subsequently non-priorities coal item E was
deleted from the priority scheme. When the respondents and
others challenged its validity on the anvil of Art.19 ( g)
of the Constitutions the Division Bench of the High Court
without disturbing the validity of the order had given
direction observing that after all the priorities enumerated
in the scheme are exhausted and if the wagons remains
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unutilised, the unutilised wagons may be kept at the
disposal of non-priority articles for carriage. Thus this
appeal came to be filed by special leave.
It is seen that in order No.75 priorities A to E were
made which included sponsored coal within the meaning of the
order and non-sponsored coal within the meaning of the order
and non-sponsored coal provided in priority E for allotment
of wagon. With regard to non-Priority item E, it
subsequently deleted as mentioned in paragraph E of the
special leave petition which reads as the Order No.77
relates to PTS for allotment of wagons which came into force
from 16.7.86. but non sponsored coat referred to in priority
E of PTS No.75 was removed". It would thus be seen that non-
priority coal came to be removed from the priorities
mentioned in Items A to E. Therefore, the High Court
obviously was of the intention to direct that if after the
wagons allotted for movement to priority articles remained
available, the same may be allotted for non-priority
articles for carriage. We do not think that there is any
impediment in the way of administration to give such
allotment, instead of keeping them idle. It would be in
commercial interest of the Railway administration.
The appeal is accordingly disposed of. No costs.