ORISSA HIGH COURT : CUTTACK W.P.(C) No.853 of 2023 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Samir Ranjan Pradhan Aged about 28 years Son of Sri Prasanna Pradhan At: Nanapada P.O./P.S.: Nirakarpur, District: Khordha … Petitioner -VERSUS-

1. Union of India Represented through Senior Divisional Commercial Manager East Coast Railway, Khurda Road Division District: Khordha.

2. Station Superintendent Nirakarpur, East Coast Railway Nirakarpur, At/P.O.: Nirakarpur District: Khordha.

3. Miss Jalli Mohanty Daughter of Natabar Mohanty At: Icchapur, P.O.: Baulabandha P.S.: Banapur District: Khordha. … Opposite parties.

Counsel appeared for the parties:

For the Petitioner : Mr. Sarat Chandra Mekap, Advocate For the Opposite party : Mr. Bhabani Shankar Rayaguru, Nos.1 & 2 Central Government Counsel P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 09.01.2025 :: Date of Order : 09.01.2025

ORDER

Challenge is laid against the selection/award vide Order No.6150/SDCM/KUR/STBA/NSG-6 Category Station/NKP, dated 16.12.2022 issued by the Senior Divisional Commercial Manager of East Coast Railway, Khurda Road Division-opposite party No.1 (Annexure- 5), wherein and whereby the opposite party No.3 was awarded as “Station Ticket Booking Agent” at Nirakarpur Station for a period of three years by way of draw of lots.

1.1. The petitioner, claiming to have experience as Station Ticket Booking Agent from 01.11.2019 to 31.10.2022, being not successful in the process of “draw of lots”, questions the decision making process of the opposite parties vis-à-vis selection of participant-opposite party No.3 by draw of lots.

1.2. He has, therefore, approached this Court by way of this writ petition invoking extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India with the following prayer(s):

―It is therefore, humbly prayed that this Hon‘ble Court may be graciously pleased to admit this case after hearing both the sides may be pleased to issue Writ of Mandamus/Certiorari or any other Writ or direction which will be deem fit and proper to this case by directing Senior Divisional Commercial Manager, Khurda Road East Coast Railway, Khorda Road Division, Khordha allow/select by extending for the post of present petitioner as Station Ticket Booking Agent (STBA) at Nirakarpur Railway Station taking into account the experience in service since 24.09.2019 (Annexure-1) till date;

And, further pleased this Hon‘ble Court may kindly be quash the selection of opposite party No.3 as STBA at Nirakarpur Station vide Letter dated 16.12.2022 (Annexure-5) for end of justice and equity;

And pass any other order(s), direction(s) as would deem fit and proper;

And for which act of kindness, the petitioners as in duty bound shall ever pray.‖

Facts as narrated in the writ petition:

2. The petitioner, awarded/selected as Station Ticket Booking Agent (“STBA”, for brevity) at Nirakarpur Railway Station in the year 2019 by the Senior Divisional Commercial Manager, Khurda Road- opposite party No.1 vide Letter No.7272/SDCM/KUR/

STBA/E Category Station/NKP, dated 24.09.2019 and continued till 23.10.2022, responded to Tender Notice No.SDCM/KUR/STBA/Notification/Phase-XVII, dated 27.09.2022, i.e., “NOTIFICATION FOR THE APPOINTMENT OF STATION TICKET BOOK AGENTS (STBA) AT NSG-6 CATEGORY STATIONS (17) OVER KHURDA ROAD DIVISION” of East Coast Railway for issuing Unreserved Tickets through Computerized Unreserved Ticketing System (Annexure-2).

2.1. Three candidates, viz., Ms. Jalli Mohanty (opposite party No.3), Ms. Manisa Mausumi Jena and Sri Samir Ranjan Pradhan (petitioner) were found to have quoted zero per cent commission on monthly sales turnover of under the third slab. In order to select one amongst the three and award appointment as STBA at Nirakarpur Station, by Letter No.SDCM/KUR/STBA/ Selection/NKP, dated 09.12.2022 (Annexure-3), the Divisional Commercial Manager intimated all these participants to atte