CHENNAI: The Madras High Court has refused to quash a clause in the Railway manual which restricts sleep hours on reserved coaches having berth facilities.
The matter pertains to an appeal filed by S Balasubramanian, of KK Nagar in Chennai, challenging a single judge’s order passed on February 11. His counsel submitted that he is a frequent traveller and had once taken his sick wife on a train but she was not permitted to sleep on the berth beyond the restricted period of 10 pm to 6 am.
He sought the court to strike down the restriction provided under Para 652(a) of the Indian Railway Commercial Manual Volume-I, introduced through a 2017 circular.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan, recently, disposed of the appeal stating that even though Para 652(a) restricts the sleep hours, para 652(d) provides for relaxation to sick persons, pregnant women and the disabled persons.
It said the restrictions under Para 652 is to ensure convenience for all passengers. A solitary instance, where co-passengers declined to extend sleeping hours for the appellant’s unwell wife, does not justify invalidating a rule designed to serve the broader public interest.
If the appellant had any grievance despite Para 652(d) providing concessions for persons with disabilities and pregnant women, he could have brought the matter to the attention of the onboard railway staff, the Railway Protection Force or officials at the next station, the bench said.
