11.11.2025

Ct. no.10

Sl. Nos. 04 & 05

b.r.

WPA 24510 of 2025

With

W PA 2 4932 o f 2025

Mohd. Abdul Wadood

Vs.

The Union of India & Ors.

Mr. Saptarshi Roy

Ms. Kakali Das Chakraborty

…. For the petitioner

in both the writ petitions.

Ms. Manju Agarwal, Sr. Adv.

Ms. Ranjana Chatterjee

…. For the Union of India.

1. Heard the parties through their learned

counsels.

2. The petitioner in the instant case is a long

standing lease-holder of parcel vans under the South Eastern Railway. The petitioner challenges, inter alia, the arbitrary and unreasoned speaking order dated 28.10.2025 issued by the Assistant Senior Divisional Commercial Manager, Kharagpur Division. The petitioner submits that already on earlier occasions, i.e. 10.10.2025 and 17.10.2025 respectively two representations were made before the respondent no.4 but the Senior Divisional Commercial Manager passed the

order on 28.10.2025, wherein there is no whisper with regard to consideration of those two representations made before the authority concerned.

3. The main challenge thrown by the petitioner is with regard to the operational constraints prevailing for loading and unloading of LVPHS Shalimar Station.

4. Learned counsel appearing for the respondents submits that the petitioners were already communicated by a letter dated 12.08.2025 issued by the Deputy Chief Operations Manager (Chg.) with regard to NI work in connection with Yard remodeling of SHM station of Kharagpur Division by observing certain stipulations, which are reproduced below:-

“i) Passenger must be duly notified and informed in advance to ensure their convenience with awareness.

ii) Cancellation of trans, if necessary, should be done keeping in view operational fluidity and punctuality of trains.

iii) ICMS & NTES shall be updated accordingly.

iv) Wide publicity through print electric and social media must be given for the convenience of passengers.”

5. Learned counsel for the respondents also submits an internal correspondence dated 27.10.2025 with regard to the restriction of handling of train service LVPH’s/VP’s/VVN due to NI work at SHM, which is quoted below:;

“In continuation to the earlier notifications regarding Pre-NI and NI working at Shalimar (SHM) in connection with Yard Remodeling Work scheduled from 23.10.2025 to

24.11.2025, it is submitted that:

1. Due to ongoing infrastructure modification at SHM, loading/unloading of LVPH/VPH/Train Service VPs/VVNs is operationally not feasible either at Platforms or in sidings.

2. However, it has been observed that a few incoming services from other Zones/Divisions have been arriving with VPs/LVPHs without prior feasibility confirmation from this Division.

3. Such occurrences are resulting in operational constraints, detention of coaching rakes, and avoidable congestion during the critical NI period.

In view of the above, it is requested that suitable instructions may please be issued to all Zones & Divisions that:

Handling of all inward and outward Train Service VPs, LVPHs, VPHs & VVNs (including Leased/Demand/Indented) by/for trains originating or terminating at SHM. HWH & SRC shall remain suspended at SHM during the notified period of NI work from 23.10.2025-

24.11.2025.

Prior clearance from KGP Division must be obtained for any exceptional requirement during this period.

This will help in smooth conduct of NI activities, ensure safely, avoid operational detentions and maintain better punctuality during the restricted layout conditions.”

6. Learned counsel for the respondents further submits that Shalimar Division is only having three platforms and technically not in a position to allow the loading and unloading of LVPHs at platforms since they are in process of remodeling of Shalimar Division.

7. Respondents further submits that already by a letter dated 28.08.2025, the Assistant Commercial Manager has already intimated to all lease holders and the parcel customers regarding NI work in connection with yard remodeling of Kharagpur Division, for which train shall be cancelled, diverted during