ALL INDIA SCHEDULED CASTE AND SCHEDULED TRIBES RAILWAY EMPLOYEES ASSOCIATION v. UNION OF INDIA
CW/12433/2025 · 2025-08-21
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27673 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27673 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:32915] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12433/2025 All India Scheduled Caste And Scheduled Tribes Railway Employees Association, Through Its Zonal President Vishambhar Singh Son Of Shri Babu Lal, Aged About 65 Years, Resident Of Shivaji Colony, Near Railway Station, Kota Junction, Kota, Rajasthan-324002. ----Petitioner Versus
1. Union Of India, Through General Manager, West Central Railway, Zonal Headquarter, Jabalpur, Madhya Pradesh.
2. Divisional Railway Manager, Kota Division, Kota, West Central Railway, Kota Junction- 324002.
3. Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan-302005.
4. District Collector, Kota.
5. Superintendent Of Police, Kota City, Kota.
6. Incharge Police Station, Police Thana Railway Colony, Kota City, Kota, Rajasthan. ----Respondents For Petitioner(s) : Mr. Satish Pachori For Respondent(s) : Ms. Manjeet Kaur Mr. S. P. Singh Rajawat for Mr. G. S. Gill, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 21/08/2025 It is contended by learned counsel for the petitioner that petitioner is an Association which represents committee of Scheduled Caste and Scheduled Tribe, Kota. It is further submitted that there is a railway quarter numbering 241/E, New Railway Colony, Kota Junction, Police Station Railway Colony, Kota City,
[2025:RJ-JP:32915] (2 of 3) [CW-12433/2025] which is covered by a fencing and where a statue of Dr. Bhimrao Ambedkar is installed by the Association a decade back, which was disturbed by handful of persons, who are creating nuisance therein. It is also apprised that the said group of persons made unauthorized entry and tried to install idol of late Shri Bisra Munda at a platform which was specifically built for the statue of Dr. Bhimrao Ambedkar.
In this regard, an FIR bearing No. 257/2024 was registered at police station Railway Colony but on account of political intervention and influence, same was turned down for which appropriate remedy is taken by the petitioner. It is also apprised that the petitioners in this regard have approached Government of India, Ministry of Law and Justice, Department of legal affairs which vide Annexure-6 dated 11.11.2024 has directed the Chief Secretary, Government of Raj. as under:-
"I am directed to forward herewith the following representations along with their enclosures (in-original) received from various individuals/Ministries/Departments for necessary action. S. No. Name, Address of Petitioner Petition Date Subject
1. Shir Vishambhar Singh, All India
SC/ST
Railway Employees
Association, Jabalpur, R/o: H. No. 11, Near Shiva School, Shivaji Colony, Kota Jn. RAj- 324002 07.10.202 4 Regarding
the statue of freedom fighter
Birsa Munda
Ji
in Railway Colony It is submitted that inspite of a lapse of approximately one year, no consideration is given to the matter at hand moreover, the directions are not obeyed by the office of Chief Secretary under the influence. In pursuance to the said, learned counsel has place reliance upon the judgment of Pawan Meena vs. State of
[2025:RJ-JP:32915] (3 of 3) [CW-12433/2025] Rajasthan & Ors. (SBCWP No. 1665/2024) as well as Circular issued by the Chief Secretary for the State of Rajasthan, dated 19.02.2024 (No. i- 10¼1½ izlq-@vuqq-&1@2012), wherein for the reasons stated therein any representation filed by any citizen aggrieved party has to be considered by the competent authority.
Learned counsel for the respondents are not able to refute the dictum of Pawan Meena (supra) as well as Circular of the Chief Secretary. In the facts and circumstances, in light of Annexure-6 and the directions given therein, which are never challenged by the respondents, this Court directs that cause/grievances of Association-petitioner be presented before the competent authority, within a period of 7 days by way of a written representation. Learned Chief Secretary to give audience to the Association/office bearers/advocates authorized therein on 04.09.2025 at 11.00 AM or other intimated date prior to the same and dispose of the representation filed by the petitioner, in accordance with law and as per facts, within an upper limit of thirty days thereafter. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed.
(SAMEER JAIN),J Pooja /10