UNION OF INDIA Vs. SHARMA COAL CO

JUDGEMENT

(1.) Leave granted.

(2.) Though the respondents have been served, none appears either in person or through the counsel. We have heard counsel for the appellants.

(3.) 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. ] 153 of 1989 and batch passed on 30/7/1990. The Railway administration had prepared a preferential traffic scheme (PTS). by genera! order No. 71 categorising the priority articles for carriage by Railways and allotted different priorities which are made in alphabetical 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 1/3/1989 the Railways modified its earlier scheme and issued general PTS Order No. 77 with effect from 1/4/1989 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 Article 19 (1 (g) of the Constitution, 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 remain 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.