Central Administrative Tribunal - Kolkata
Kartik Bera vs South Eastern Railway on 25 August, 2025
1 o.a. 933 pf 25
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/933/2025 Date: 25.08.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Kartik Bera, S/o Late Dilip Bera, Village- Krishnagar, Post
Office- Gar Krishnagar, P.S.- Nandigram, District- Purba
Medinipur, Pin- 721650.
.........Applicant
-Versus-
1. Union of India service through the General Manager,
South Eastern Railway, Garden Reach, Kolkata - 700043.
2. The Senior Divisional Personnel Officer, South Eastern
Railway, Kharagpur, P.O. Kharagpur, District- Paschim
Medinipur, Pin code- 721301.
4. The Competent Authority, Deshpran Nandigram Special
Railway, near Kanthi Railway Station, P.O. Contai, District-
Purba Medinipur, Pin Code- 721401.
........Respondents
For the Applicant : Mr. B. C.Manna, Counsel
For the Respondents : Mr. B. K. Banerjee, Standing Counsel
O R D E R (ORAL)
Per: Urmita Datta (Sen), Judicial Member Ld Counsel for the applicant files affidavit of service which is taken on record.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44 OOh8c, Phone= feef9776669c46fe6184e820dd91 Pampa 0dd7d01593942dd0b54986bb0e3 896815227, PostalCode=700131, S=West Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72 Debnath a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location: Date: 2025.09.01 11:28:12-07'00' Foxit PDF Reader Version: 2024.4.0 2 o.a. 933 pf 25 2. Heard both sides.
3. Learned counsel for the respondents submits that respondent no. 3 may be deleted from the array of the respondents as the respondent no. 3 is not the necessary party.
4. Applicant is directed to delete the name of Respondent No. 3 from the array of the respondents. Let necessary correction be carried out in course of the day.
5. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) To pass an order directing the respondent authorities to forthwith grant appointment to the applicant as per rehabilitation Scheme in the post of Group- D and/or Group - C or Trackman or any other suitable post as per qualification of the candidate in connection with land loser category in terms of the scheme annexed herewith by the respondent authority in connection with the land loser for Deshpran-Nandigram Special Railway Project.
b) To forthwith return the land of the applicant acquisitioned for the purpose of Deshpran Nandigram Special Railway Project after having the same de-requisitioned in accordance with law and to put the applicant in the khas possession thereof, if in fact the railway administration is not in a position to run the Deshpran- Nandigram Special Railway Project due to paucity of fund and other administrative constraints.
c) To pass any other appropriate order or orders as to this Hon'ble Tribunal may deem fit and proper.
d) To pass any other consequential relief as entitled by the applicant."
6. Ld Counsel for the applicant submits that the land of father of the applicant was acquired by the Railways for Deshpran-Nandigram Special Railway Project. Thereafter, as per Railway Board's Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicant had made application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, she was not granted the same. Being aggrieved with the same the applicant had made a representation dtd. 28.08.2024(Annexure A/10) before the respondents/ competent authority.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44 OOh8c, Phone= feef9776669c46fe6184e820dd91 Pampa 0dd7d01593942dd0b54986bb0e3 896815227, PostalCode=700131, S=West Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72 Debnath a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location: Date: 2025.09.01 11:28:12-07'00' Foxit PDF Reader Version: 2024.4.0 3 o.a. 933 pf 25
However, the said representation has not been considered till date. Being aggrieved with the same the applicant has approached this Tribunal and has filed the present OA.
7. Ld. Counsel for the applicant submits that it would suffice his purpose if an order be passed by this Tribunal directing the respondents to consider the pending representation of the applicant, treating this OA as a part of it and in light of the judgment dtd. 01.07.2021 passed by the Hon'ble High Court at Calcutta in WPCT 28 of 2021 in the case of Union of India &Ors. Vs. Jahangir Chowdhury &Ors. with WPCT 75 of 2020 in the case of Union of India &Ors. Vs. Chandi Das Khan &Ors. and also in light of the order dtd. 23.12.2022 passed by this Tribunal in OA/350/319/2021.
8. In view of the above, we direct the respondents/competent authority to consider the pending representation of the applicant dtd.dtd. 28.08.2024, treating this OA as a part of it, in light of the judgment dtd. 01.07.2021 passed by the Hon'ble High Court at Calcutta in WPCT 28 of 2021 (supra) with WPCT 75 of 2020 (supra) and also in light of the order dtd. 23.12.2022 passed by this Tribunal in OA/350/319/2021 and to communicate the decision to the applicants by way of a reasoned, speaking order within a period of four months from the date of receipt of certified copy of this order
9. Further, we make it clear that we have not gone into the merit of the case. All points are kept open for consideration by the respondents.
10. Accordingly, the OA is disposed of at admission stage. No costs.
(Anindo Majumdar) (Urmita Datta (Sen)) Administrative Member Judicial Member pd Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44 OOh8c, Phone= feef9776669c46fe6184e820dd91 Pampa 0dd7d01593942dd0b54986bb0e3 896815227, PostalCode=700131, S=West Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72 Debnath a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location: Date: 2025.09.01 11:28:12-07'00' Foxit PDF Reader Version: 2024.4.0 4 o.a. 933 pf 25