USHA SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) By virtue of an agreement dated 05.09.1977, the petitioner was appointed by the Northern Railway as an Out Agent for Katra (a town 40 Kms away from Jammu) in respect of ticketing for outbound trains from Jammu. Initially, the agency was in respect of only unreserved tickets. Subsequently, the petitioner was also alloted a quota for reserved tickets. This petition has been filed by the petitioner being aggrieved by the withdrawal of the quota as also the cancellation of the petitioner's Out Agency. The order which is primarily impugned in the present petition is the order dated 17.05.2002 passed by the Chief Commercial Manager, Northern Railway, Baroda House, New Delhi whereby it was decided to terminate the Out Agency allotted to the petitioner at Katra with immediate effect.

(2.) The petitioner has also prayed for the quashing of a letter dated 14.12.2001 as well as the orders dated 18.09.2001 and 21.12.2001. It has also been prayed that an order in the nature of mandamus be issued to the respondents to restore status quo ante as on 18.09.2001 by restoring the entire reservation quota of seats allotted to the petitioner. Although these directions have been sought, the main grievance of the petitioner is clearly with regard to the order dated 17.05.2002 whereby the petitioner's Out Agency was terminated. Unless that order is set aside, the question of restoration of the reservation quota would not arise. The said letter dated 14.12.2001 which is also impugned by the petitioner is nothing but a show cause notice with regard to the termination of the agency. The order dated 18.09.2001, referred to above, is with regard to the reduction of quota in respect of the Katra Out Agency. By virtue of the said order, the reservation quota, which was earlier granted to the petitioner, was reduced in respect of different trains. The order dated 21.12.2001, which is also impugned by the petitioner, is an order whereby the entire reservation quota allotted to the petitioner's Out Agency at Katra was withdrawn with immediate effect. It is pertinent to note that being aggrieved by the reduction in quota and subsequent withdrawal of the quota, the petitioner had filed a writ petition before this court being CW 378/2002. However, during the pendency of that writ petition, the show cause notice dated 14.12.2001 which pertains to termination of the Out Agency had been replied to by the petitioner on 26.12.2001. A personal hearing was also granted to the petitioner on 10.05.2002 and the impugned order dated 17.05.2002 whereby the petitioner's Out Agency was terminated came to be passed. Because of these events, the petitioner sought withdrawal of the writ petition (CW 378/2002) so as to challenge the main order dated 17.05.2002, whereby the petitioner's Out Agency itself had been terminated. By an order dated 02.08.2002, this court permitted the petitioner to withdraw the writ petition (CW 378/2002) with liberty to the petitioner to file a fresh writ petition so as to also include a challenge to the order dated 17.05.2002. It is in these circumstances that the present writ petition has been filed.

(3.) From the above facts, it is obvious that unless and until the order dated 17.05.2002 is set aside, the petitioner cannot get any relief with respect to the withdrawal of the reservation quota. The reservation quota is dependent upon the existence of the petitioner's out agency. Therefore, the main challenge in this petition is to the order dated 17.05.2002.