Upendra Singh Vs. Union of India and ors

Upendra Singh vs Union of India and ors

Type Court Judgment Court Jharkhand Decided Jul 29, 2013

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https://sooperkanoon.com/case/1008083

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Citation: sooperkanoon.com/1008083
Court: Jharkhand High Court
Decided On: Jul 29, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Upendra Singh

Respondent

Union of India and ors

Excerpt

.....lease contract in case of expiry of contract period and non-finalization of new contract due to administrative delays whereunder temporary extension can be permitted by the chief commercial manager only once, for a period of 3 months. according to the petitioner no decision has been taken on that although he has made an application before senior divisional commercial manager, south eastern railway, chakradharpur vide annexure-2. learned counsel for the respondent-railway, however has taken stand that the respondents are inclined to allot the work through fresh tender. however, as a matter of fact no such new tender has yet been floated. learned counsel for the railway also submitted that after expiry of the contract the work is being carried out by the agency of the railway itself. in such circumstance, if the petitioner has made an application before the chief commercial manager of the concerned zone i.e. south eastern railway, his grievance be considered in accordance with law as well as under the terms of the lease contract executed with the petitioner. however, if such application has not been made, it would be open for the petitioner to approach the chief commercial manager, south eastern railway, kolkata with such application within a period of 1 week. on such application being made, the chief commercial manager would consider the same in accordance with law as also the terms of the lease agreement and / or any policy of the railway in vogue within a period of 3 weeks, thereafter. -2- the writ petition is disposed of in the aforesaid terms. i.a. no. 5039 also stands disposed of. (aparesh kumar singh, j.) a. mohanty

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.C. No.3708 of 2013 Upendra Singh .... Petitioner Versus Union of India & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Ananda Sen For the Respondents : Mahesh Tewari 03/29.07.2013 Heard learned counsel for the parties. Under the provision of clause 18.1. of the Agreement No. Comm 1.1/SLR Leasing/58103-FSFC/11/04 dated 20.7.2012 which was subsisting till 20.7.2013 and has expired by now, a provision was made for extension of lease contract in case of expiry of contract period and non-finalization of new contract due to administrative delays whereunder temporary extension can be permitted by the Chief Commercial Manager only once, for a period of 3 months. According to the petitioner no decision has been taken on that although he has made an application before Senior Divisional Commercial Manager, South Eastern Railway, Chakradharpur vide Annexure-2. Learned counsel for the respondent-Railway, however has taken stand that the respondents are inclined to allot the work through fresh tender. However, as a matter of fact no such new tender has yet been floated. Learned counsel for the Railway also submitted that after expiry of the contract the work is being carried out by the agency of the Railway itself. In such circumstance, if the petitioner has made an application before the Chief Commercial Manager of the concerned zone i.e. South Eastern Railway, his grievance be considered in accordance with law as well as under the terms of the lease contract executed with the petitioner. However, if such application has not been made, it would be open for the petitioner to approach the Chief Commercial Manager, South Eastern Railway, Kolkata with such application within a period of 1 week. On such application being made, the Chief Commercial Manager would consider the same in accordance with law as also the terms of the lease agreement and / or any policy of the Railway in vogue within a period of 3 weeks, thereafter. -2- The writ petition is disposed of in the aforesaid terms. I.A. No. 5039 also stands disposed of. (Aparesh Kumar Singh, J.) A. Mohanty

Same Court & Year Jharkhand · 2013 Same Parties Upendra Singh vs Union of India and ors Same Subject Education