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2012 DIGILAW 1099 (KER)

Railway First Class Season Ticket Passengers Association v. Union of India

2012-12-19

T.R.RAMACHANDRAN NAIR

body2012
JUDGMENT : T.R. Ramachandran Nair, J. The petitioners are seeking to quash Ext. P1 and seeks for issuance of a writ of mandamus commanding respondents to continue to issue first class super fast tickets to the petitioners as provided in Exts. P16 and P17. 2. The first petitioner is an association and petitioners 2, 3 and 4 are stated to be regular passengers in various trains to different locations. It is submitted that Ext. P1 is issued as a disposal of a representation, refusing to issue first class season tickets for Super Fast trains in particular and informing that the same will be issued only in those sections where first class unreserved coaches are running. 3. Heard learned counsel for the petitioners Shri T.C. Govindaswamy and learned Standing Counsel Shri C.S. Dias. Shri Govindaswamy, while advancing the argument, submitted that there cannot be any refusal to issue first class season tickets in any sector. Many of the passengers have been travelling after availing the said facility. It is submitted that the denial of the facility has been highlighted by Exts. P5 and P6 representations as well as the communications sent by the Member of Parliament Shri M.K. Raghavan by Exts. P7 and P8 and newspaper quotes produced as Exts. P9 to P13. It is submitted that Section 50 of the Railway Act, 1989 provides for supply of tickets on payment of fare to a person desirous of travelling on railway. The issuance of season tickets are covered by paras. 265 to 267 of the Indian Railways Commercial Manual Vol. I produced as Ext. P16 and the learned counsel invited my attention to clause 265 which provides under sub-clause (a) that the rules and conditions under which season tickets are issued, as well as the names of stations at which issued, and the fares to be charged, are notified by the railway administrations in their local tariffs and guides. Clause 266 provides that season tickets available for a period of one month or three months, as the case may be, will be issued from any date in a calendar month. Further provisions are also there under the said clause. In Ext. P17, namely, the relevant portion of the Indian Railway Conference Association Coaching Tariff No. 26 Part-I (Vol. I), para. 242.1 (i) refers to "Season Tickets". Further provisions are also there under the said clause. In Ext. P17, namely, the relevant portion of the Indian Railway Conference Association Coaching Tariff No. 26 Part-I (Vol. I), para. 242.1 (i) refers to "Season Tickets". Therein it is mentioned that season tickets are issued for first and second classes only and these tickets are valid in the class for which they are issued. The restriction therein is that first class season ticket holders are not allowed to travel in AC coaches. Sub-para (iv) deals with "Validity" wherein it is mentioned that season tickets are not valid for travel in reserved coaches and trains. 4. Learned counsel for the petitioners also referred to the averments in para. 15 of the counter affidavit filed by respondents 2 to 6 and submitted that at any rate the petitioners are entitled to be issued first class season tickets and it will not depend upon the availability of facility of trains etc. No restrictions can therefore be made in the matter. Section 50 confers power to make rules on the Government alone. 5. Learned counsel for the petitioners, therefore, submitted that as far as the system of issuance of season tickets is prevalent, the prescription in Ext. P1 cannot be justified. Therein, the decision is to the effect that first class season tickets will be issued only in those sections where first class unreserved coaches are there and the same is unsupportable. It is in that context, Section 50 of the Railway Act, 1989 is relied upon. The stand taken by the respondents in the counter affidavit and as argued by the learned Standing Counsel Shri Dias is that the petitioners are under a misapprehension. Ext.R3(1) is the reverse side of Ext. P2 wherein it is specifically mentioned that a season ticket holder is not permitted to travel in reserved coaches. Ext.R3(1) is a specimen season ticket wherein condition No. 6 reads thus: "Not permitted to travel in Reserved Coaches". Learned counsel also relied upon Sub-para (iv) of para. 242.1 of Ext. P17 wherein it has been specifically laid down that season tickets are not valid for travel in reserved coaches and trains. In the case of Mail/Express/Super fast trains, they are valid for travel by only those Mail/Express/Super fast trains where it has specifically been permitted by Railway Administration. It is submitted that no superfast trains are having unreserved coaches. P17 wherein it has been specifically laid down that season tickets are not valid for travel in reserved coaches and trains. In the case of Mail/Express/Super fast trains, they are valid for travel by only those Mail/Express/Super fast trains where it has specifically been permitted by Railway Administration. It is submitted that no superfast trains are having unreserved coaches. Some of the trains mentioned by the petitioners in the writ petition are superfast trains. The learned counsel therefore submitted that the proceedings issued as per Ext. P1 is perfectly valid and there is due authorisation and delegation for it. It is also submitted that Ext. P17 is not under challenge. 6. With regard to the reason for imposing the restrictions in travelling in reserved coaches, it is explained in para. 11 of the counter affidavit that it is only because of the umpteen numbers of complaints that were received by the Railway Administration regarding the problems, disturbances caused by season ticket holders to the reserved passengers while the norms were not in vogue. It is after evaluating and taking into consideration the overall interest and convenience of all its passengers, the Railway Administration enacted sub clause (iv) of clause 242.1 of Ext. P17, imposing restrictions on season ticket holders travelling in reserved compartments. In para. 12 of the counter affidavit it is explained that the petitioners can very well travel in Trivandrum-Mangalore-Trivandrum (Parasuram Express) in which first class unreserved coach facility is available. The petitioners, if they are in dire need to travel by Train No. 12601, they can use the general compartment by availing the second class season ticket facility. The Railway Administration as per clause 305 of Chapter III of the Indian Railway Commercial Manual (Vol. I) is bound and responsible to see that upper and lower class passengers who have reserved their berths/seats in advance in compartments/carriages are properly accommodated. The same is produced as Ext. R3(7). Various other factors have also been pointed out in the counter affidavit. 7. In the counter affidavit, the respondents are relying upon a Judgment of this Court produced as Ext.R3(8) in W.P.(C).Nos. 3515 & 4068 of 2007 wherein a similar question was considered and the writ petition was dismissed accepting the pleas of the Railways. In para. 6 after referring to clause 242.1 of Ext. P17, the learned Single Judge held as follows: "...... 3515 & 4068 of 2007 wherein a similar question was considered and the writ petition was dismissed accepting the pleas of the Railways. In para. 6 after referring to clause 242.1 of Ext. P17, the learned Single Judge held as follows: "...... The result of the aforesaid discussion is that in view of Clause 242.1 of the Tariff, season ticket holders, whether they are first class ticket holders or second class ticket holders, would not be entitled to travel in reserved coaches attached to trains while the first class season ticket holders would be entitled to travel in unreserved coaches only during day time. This is plainly what emanates Clause 242.1 of the Tariff. 8. Even though, learned counsel for the petitioners vehemently argued that the petitioners are entitled for issuance of such tickets to travel in any sectors and in any trains, the issue has been found against by various Judgments of this Court. In O.P.No. 1337/2002 a similar grievance was raised. It was held in para. 2 by a Division Bench as follows: "...... The season ticket does not guarantee that the petitioners would be able to travel on any particular train, at a particular time. It only permits to travel by first class on any train that runs on the line for which the season ticket is issued. 9. In W.A. No. 3133/2001 also the Division Bench considered the very same issue. Their Lordships considered the necessity to provide and ensure seats with the persons who have reserved their berths. In para. 4 it has been held as follows: "These are days when train travel is clearly regulated by advance reservation. The reservation is effected even one month before the journey is undertaken. In that situation, reserved compartments and the reservation coaches are normally available only to those who have reserved their berths or seats. There is no reservation of seats or berths for first class season ticket holders or for that matter, the second class season ticket holders. Therefore, when Railways takes the stand that season ticket holders are not entitled to travel in reserved coaches and trains as provided in Rule 242 of the Rules above referred to, it could not be said to be an untenable submission and the restriction imposed cannot be said to be an unreasonable restriction. Therefore, when Railways takes the stand that season ticket holders are not entitled to travel in reserved coaches and trains as provided in Rule 242 of the Rules above referred to, it could not be said to be an untenable submission and the restriction imposed cannot be said to be an unreasonable restriction. In that situation, we do not see our way to interfere with the decision of the learned single Judge or to hold that the first class season ticket holders have a right to travel in air conditioned second class or sleeper coaches as of right and without having a reservation either in advance or Tatkal...." 10. Already this Court, therefore, has held in similar cases that the pleas raised by the persons like the petitioners cannot be accepted. There is no illegality in the prescriptions of Ext. P1. The prescription that they can travel only in those sections where first class unreserved coaches are running is not at all arbitrary or illegal or ultra vires. The persons who have reserved tickets will have to be protected and their problems also will have to be addressed by the Railways. For all these reasons, the writ petition is dismissed. No costs.