S.Balasubramanian v. Union of India

ORDER The extent to which the extraordinary jurisdiction of this Court is misused is writ large in the case on hand. The petitioner herein has filed the writ petition for the following relief : " To issue a Writ of Declaration declaring that Para 652 (a) and para 652(d) of the Indian Railway Commercial Manual Vol-I, introduced through commercial Circular No.60/2017 dated 17.08.2017, are arbitrary, unconstitutional, discriminatory and violative of Articles 14 and 21 of the Constitution of India, and further direct the respondents to withdraw, amend, or suitably modify the impugned provisions to ensure that senior citizens, sick passengers, persons with disabilities, medically vulnerable individuals, and pregnant women are permitted to lie down on their reserved berths during daytime, and to frame a humane, medically reasonable and senior-citizen-friendly policy concerning use of reserved berths throughout the journey." Page3 of 5

¶2The petitioner is aggrieved by the fact that the Railways have imposed time schedule for sleeping accommodation for the passengers, inasmuch as a correction has been brought about in Correction Slip No.25 to the Indian Railway Commercial Manual Vol.I, wherein paragraph No.652(a) would read "Sleeping accommodation between 2200 hours and 0600 hours and sitting accommodation for the rest of the period is provided for the passengers in the reserved coaches having sleeping accommodation."

¶3The petitioner would submit that such a restriction would impede the senior citizens as well as invalid passengers, pregnant ladies, persons with disabilities etc., as they have to adhere to the time schedule despite their discomforts.

¶4A mere reading of Para 652(d) of the Indian Railway Commercial Manual Vol. I, would clearly indicate that the Railways have made the provisions as follows : "Passengers are, however, requested to co-operate with sick, persons with disability and pregnant ladies in case they want to sleep beyond permissible time limits."

¶5Therefore, the needs of senior citizens as well as invalid passengers, Page4 of 5 pregnant ladies, persons with disabilities etc., have been considered by the Railways. I see no reason to entertain this writ petition and accordingly, the writ petition is dismissed. No costs. 11-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:

¶1Union of India Rep. by its Secretary Ministry of Railways Railway Bhavan, New Delhi-110 001.

¶2The General Manager Southern Railway Chennai-600 003.

¶3The Senior Divisional Commercial Manager Southern Railway, Chennai-600 003. Page5 of 5

P.T.ASHA, J. DS 11-02-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Balasubramanian S/o.Swaminathan MIG2,9/1, TNHB Apartments Anna Main Road, K.K.Nagar, Chennai-78. ..Petitioner Vs 1. Union of India Rep. by its Secretary Ministry of Railways Railway Bhavan, New Delhi-110 001. 2. The General Manager Southern Railway Chennai-600 003. 3. The Senior Divisional Commercial Manager Southern Railway, Chennai-600 003. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that Para 652 (a) and para 652(d) of the Indian Railway Commercial Manual Vol-I, introduced through commercial Circular No.60/2017 dated 17.08.2017, are arbitrary, unconstitutional, discriminatory and violative of Articles 14 and 21 of the Constitution of India, and further direct the respondents to withdraw, amend, or suitably modify the impugned provisions to ensure that senior citizens, sick Page2 of 5 passengers, persons with disabilities, medically vulnerable individuals, and pregnant women are permitted to lie down on their reserved berths during daytime, and to frame a humane, medically reasonable and senior-citizen- friendly policy concerning use of reserved berths throughout the journey and pass orders. For Petitioner: Mr.T. Dharani For Respondents: Mr.K.Srinivasamurthy Senior Panel Counsel for Central Government R1 to R3