JOHN JOSEPH Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) - The respondent has put in its appearance through learned Counsel Mr. Anis Ahmed and filed a counter affidavit. The explanation given by the respondents in the counter affidavit for not providing a pantry car to the Super Fast Train - Mangala Express, which has a total running time of 53 hours between the two termini, namely, Nizamuddin Railway Station and Mangalore Central, does not appear to us as valid or satisfactory. It is absolutely manifest that the passengers who are put to the necessity of making this long journey lasting for 53 hours without any facility of a pantry car or even the drinking water must be put to a lot of suffering and hardship especially, since it is a Super Fast Train and it will not be possible for them to get down from their compartments on to the platform of any intermediate station for collecting either items of food or even drinking water without incurring the serious risk of being left behind by the train, which may depart at any moment. This is where a clear discrimination is writ large in the differential treatment meted out to the passengers travelling by this Super Fast Train who are paying the same fare as other passengers travelling in other similar Super Fast long distance trains which are all provided with pantry cars and other facilities. We, therefore, allow a period of the weeks' time from today to the Railway Board and to the General Manager, Northern Railway to see that a pantry car is attached to the Mangala Express operating between Nizamuddin Railway Station and Mangalore Central. The Registry will furnish copies of the order today itself to Mr. John Joseph and also to Mr. Anis Ahmed the learned Advocate appearing on behalf of the Railway Administration. Order accordingly