Common courtesies cannot be inculcated in habit of citizens: HC

Source: The Hitavada      Date: 30 Sep 2018 10:16:25


Legal Correspondent,

The division bench of the Madhya Pradesh High Court comprising the Chief Justice Hemant Gupta and Justice V K Shukla held that by virtue of the directions of the court, the common courtesies cannot be inculcated in the habit of the citizens. The observation came in the light of a situation when a young man who was allotted a lower berth in First Class Railway bogie refused to exchange it with a pregnant woman, who was allotted an upper berth. The PIL was filed by one Dr T C Kriplani claiming the relief that women, especially pregnant women, handicapped persons and old persons (senior citizens) should be allotted lower berths in 1A class.

Advocate Navtej Ruprah supported the reply of the Railways that there are limited seats in AC First Class and that, seats are not allotted at the time of booking in AC First Class so as to accommodate the high officials who travel in train as they have to be given priority as per their entitlement.Upon the aforesaid stand of the Railways, the court observed that courtesies cannot be inculcated by the courts. Railway booking has facility of giving information as to the passenger is a physically handicapped or a woman passenger. However, there appears to be no separate provision for pregnant ladies. Therefore, the Railways would be well-advised to make a provision for pregnant women in their online booking website for the convenience of such category of such passengers. Advocate Anshuman Swamy appeared on behalf of the petitioner.

HC asks respondent to issue relieving order to petitioner
A single bench of the Madhya Pradesh High Court comprising Justice, Vandana Kasrekar has directed respondent authorities to take appropriate action in respect of issuing the order of relieving in favour of the petitioner. The final decision be taken within a period of thirty days from the date of submission of certified copy of this order. The single bench of the MPHC has heard the petition filed by Aksari Begum. As per the petitioner, vide order dated on July 1, 2015, she has been absorbed in the Government Primary School, Sampagadh Baroda, Sankul Kendra Government High School Baroda (Rahali), Block Sagar, District Sagar (MP), but no relieving order is being issued in favour of the petitioner.

Counsel for the petitioner submits that the posting order has also been issued on July 1, 2015, but the petitioner is not being relieved. He further submits that in the similar circumstances, this court passed an order dated on July 25, 2018 in another writ petition directing the authority to issue appropriate order of relieving in favour of the employee, who has already been absorbed.

It is submitted that due to instructions issued by the Commissioner, Tribal Welfare Department, saying that in Tribal Department, there is paucity of teachers and accordingly, relieving orders are not being issued, but as per the information obtained by the petitioner through RTI, there are number of teachers who are being transferred to Tribal Department comparatively to the teachers working in the Tribal Department sending to other departments, are less. Accordingly, the aforesaid order issued by the authority, is based on a wrong premise.