Central Administrative Tribunal - Allahabad
Chinta Mani Aadiwsi vs Union Of India on 2 September, 2025
OA No. 682 of 2013
(Reserved on 27.08.2025)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad, this the 2nd day of September, 2025.
Original Application No.682 of 2013
Hon'ble Mr. Mohan Pyare, Member (Administrative)
Hon'ble Mr. Rajnish Kumar Rai, Member (Judicial)
Chintamani Aadiwasi, Son of Raj Kumar Aadiwasi, Resident of Village-
Harduwa, Pargana-Arail, Tehsil-Karchhna, District-Allahabad.
.......Applicant.
By Advocate : Shri Dinesh Pathak
Shri B.K. Mishra
VERSUS
1. Union of India through the Chairman, Railway Board, Government
of India, New Delhi.
2. Zonal Manager, North Central Railway, Allahabad Zone, Allahabad.
3. Competent Authority/Special Land Acquisition Officer, Dedicated
Freight Corridor Corporation of India, Allahabad.
....Respondents
By Advocate: Shri M.K. Sharma
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Shri Dinesh Pathak, learned counsel for the applicant and Shri M.K. Sharma, learned counsel for the respondents are present.
2. By means of this OA, the applicant is seeking a direction to respondents to take final decision and provide suitable job to the applicant.
3. The applicant has sought the following reliefs :
"(i) That this Hon'ble Tribunal may kindly be pleased to commanding to the respondents to give appointment to the applicant in pursuance of the Circular dated 16.7.2010 issued by the Ministry of Railway, Government of India through Railway Board.
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(ii) That this Hon'ble Tribunal may also be pleased to commanding to the respondents to consider and decide the representation of the petitioner within specific period granted by this Hon'ble Tribunal.
(iii) That Hon'ble Tribunal may also be pleased to pass such other orders, which are found just fit and proper under the circumstances of the case.
(iv) That this Hon'ble Tribunal may also be pleased to allow the original application with cost."
4. The brief facts of the case as narrated by the applicant are that the Railway has started Dedicated Freight Corridor Corporation of India Limited for which land of the applicant was acquired. The Railway has published its policy in RBE No.99 of 2010 for providing job to land owners whose land is being acquired for the purposes of Railway. The Railway has issued various newspapers publications also in this regard. Till date Railway has not provided the job to the applicant, hence this OA.
5. Heard the rival submissions.
6. Learned counsel for the applicant submitted that as respondents have acquired the land of the applicant for Dedicated Freight Corridor Corporation of India Limited (DFCCIL), Railway has published their policy through RBE No.99 of 2010, the land of the applicant has been acquired for the said purpose, the Railway Authority have issued several notifications in newspaper during the year 2010-12 itself, the applicant has requisite qualification for Group 'D' job in accordance with the policy of the Railways, after acquisition of land the work of Railway was completed. It is submitted that the grand-father of the applicant filed an affidavit on 12.07.2010 before the officer in which mentioned that he was not concealed any fact about the detail of his land and his legal heirs also will claim in future against the aforesaid land. The applicant preferred an application on 01.11.2012 to respondent No.1 to provide the appointment to the applicant against the acquisition of the land in pursuance of the Circular dated 16.07.2010 but the RAJEEV KUMAR MISHRA Page 2 of 6 OA No. 682 of 2013 respondents has not given appointment. It is submitted that the respondents are deliberately harassing the applicant and not implementing their own policy and on the basis of above submission have submitted to allow this OA and issue suitable direction to the respondents.
7. The respondents have strongly refuted the contention of the applicant by filing a detailed counter affidavit and submitted that the circular dated 16.07.2010 issued by the Railway Board is not addressed to DFCCIL or competent authority (under Railway Act), the Dedicated Freight Corridor Corporation of India Limited was incorporated as a company under the Companies Act on 30.10.2006. The Railway Board has issued the circular dated 16.07.2010 for appointment of land looser affected by Land Acquisition for Railway Project, which is excluding for deposit work and Special Railway Project. The Special Railway Project has been defined under Section 2 (37A) of Railway Act, which is below "
"Special Railway Project" means a project, notified as such by the Central Government from time to time for providing national infrastructure for a public purpose in a specified time frame, covering one of more states or the union territories."
The deposit work which has been excluded from the purview of the above circular dated 16.107.2010 has been defined in paragraph 1843 of Railway Engineering Manual as below :-
"The term 'Deposit work' is applied to works of construction or repair, the cost of which is met, not out of railway funds, but out of funds from non-railway sources. Work executed by a railway for other Government, department, municipalities and other local bodies, and private firms and individuals fall under this category."
8. The circular clearly shows that Railways may call and consider the applications for employment from land looser but in the present case the Railway has not invited any application nor any notification in this regard has been issued. The Dedicated Freight Corridor Corporation of India Limited is not notified under Section 14 of the A.T Act and as such the OA is not at all maintainable before this Tribunal. On the basis of above submission, the RAJEEV KUMAR MISHRA Page 3 of 6 OA No. 682 of 2013 respondents have submitted to dismiss the OA for want of jurisdiction as well as on merit.
9. In rejoinder affidavit, the applicant has reiterated the similar facts as given in the OA and added that the land of the applicant was acquired for Special Railway Project. It is submitted that the applicant's case is squarely covered in pursuance of Circular dated 16.07.2010 and similar situated persons have been given appointment but the same treatment has not been given to the applicant. It is further submitted that circular dated 16.07.2010 clearly mentioned for appointment to the dependent of land losers for Special Railway Project so the applicant is entitled for appointment under this circular.
10. We have considered the rival submissions and verified the documents available on record.
11. Here it is relevant to mention one judgment passed by Hon'ble High Court of Allahabad in Writ -A No.15732 of 2013 in the case of Mannan Ahmad & ors. Vs. Union of India & ors decided on 19.03.2013, in which they have come to the following finding :-
"Learned counsel for the petitioners placed before us an order dated 1st of November, 2012 passed by the Central Administrative Tribunal Allahabad Bench, Allahabad in Original Application No. 1518 of 2012 (Bachai and others vs. Union of India and others). By that order, the Tribunal upheld the preliminary objection on behalf of respondents of that case that original application could not be maintained against Dedicated Freight Corridor Corporation of India, a public sector undertaking because the same was not notified under Section 14 (1) of the Administrative Tribunals Act, 1985."
12. Finally, the Hon'ble High Court of Allahabad has dismissed the above writ petition after hearing preliminary objection raised by the respondents Railway and have observed that petitioner will be at liberty to approach the RAJEEV KUMAR MISHRA Page 4 of 6 OA No. 682 of 2013 Central Administrative Tribunal for relief noted against the Railway in accordance with law.
13. For the sake of clarity, the RBE No.99 of 2010 dated 16.07.2010 is reproduced as below :-
भारत सरकार Government of India रे ऱ मंत्राऱय Ministry of Railways (रे ऱवे बोर्ड Railway Board) RBE. No. 99/2010 No. E (NG)II/2010/RC·5/1. New Delhi, Dated:16.07.2010. The General Manager (P), All Zonal Railways/Production Units (As per standard mailing list) Sub: Appointment of land losers affected by land acquisition for railway projects.
In supersession of all previous instructions on the subject, it has been decided that Railways may call and consider applications for employment to PB~1Pay Band of Rs 5,200-20,200 with grade pay of Rs 1,800/- only, from land losers on account of acquisition of land for the projects on the Railways (excluding those for Deposit works). Applications shall be invited, by Personnel Branch of Zonal Railways, from the land losers fulfilling the screening criteria as enumerated' in para 2 below.
1. Screening Criteria:
(i) The applicant shall be a person (sale owner of land or son/daughter/ husband/wife of the sale owner) whose land or a portion thereof has been acquired for the project. In case the land is owned by more than one person, the Competent Authority, as defined in the Railway (Amendment) Act 2008 / Land Acquisition Officer, will decide who shall be considered as applicant.
Only one job shall be offered to an applicant from the land loser family.
(ii) It must be ensured that the displaced person has not received any land from the State Government in lieu of his/her land acquired/ being acquired for the project.
3. Railway administration should request the concerned Competent Authority/ Land Acquisition Officer to issue certificate/s to those persons whose land has been acquired to facilitate proper verification of the claims.
4. An applicant claiming appointment shall be required to submit the application with his/her signatures and photos duly certified by local MP,MLA or any Gazetted Officer. Candidates shall also submit affidavits fulfilling eligibility criteria stipulated in para 2 above, duly certified by the Competent Authority/ Land Acquisition Officer. This shall· be co-ordinated by respective Divisional Railway Managers.
5. The applicant should normally fulfil the eligibility and other conditions prescribed for the post against direct recruitment quota from open market. In special cases, General Manager of the Railway can relax these conditions, and in respect of educational qualifications, applicant with read/write only capability shall also be considered.
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6. General Manager of the Railway in whose jurisdiction the land acquisition is to be undertaken, shall be responsible for ensuring a fair and transparent selection of candidates.
7. Once and offer of appointment has been made, no further application claiming appointment on ground of acquisition of the same piece of land shall be entertained.
8. These instructions normally will not be applicable in those cases where land' acquisition process has been concluded by way of possession of land by Railway.
Please acknowledge receipt."
14. It is undisputed that land of the applicant was acquired for Dedicated Freight Corridor Corporation of India Limited and the applicant has sent his representation for providing job to him.
15. Dedicated Freight Corridor Corporation of India Limited till date has not been notified under Section 14 of A.T. Act. and the Railway Board circular dated 16.07.2010 clearly mentioned that Railways may call and consider the applications for employment from the land looser on account of acquisition of land for the projects on the Railway (excluding those for deposit works). Here, the land in question was acquired for Dedicated Freight Corridor Corporation of India Limited and we have not come across any letter that RBE No.99 of 2010 shall be applicable to Dedicated Freight Corridor Corporation of India Limited also.
16. Under these circumstances and on the basis of above discussions, the OA of the applicant is devoid of merit and liable to be dismissed. Accordingly, the OA is dismissed. No order as to costs.
17. All MAs pending in this O.A. also stand disposed off.
(Rajnish Kumar Rai) (Mohan Pyare)
Member(Judicial) Member(Administrative)
RKM/
RAJEEV KUMAR MISHRA
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