Central Administrative Tribunal - Kolkata
Pradip Kumar Das vs South Eastern Railway on 22 January, 2025
1 O.A./350/1982/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1982/2024
MA/1330/2024
Date of Order: 22.01.2025.
Coram: Hon'ble Mr. Justice B K Shrivastava, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
1. Pradip Kumar Das,
S/o Naru Gopal Das,
2. Naru Gopal Das,
Son of Late Khudiram Das, Both reside at Village -Dakshin
Purbachak, Post Office -Nazir Bazar, Police Station
Bhupatinagar, District-Purba Medinipur, Pin-721655.
.......Applicants
-Versus-
1. The Union of India, through the General Manager,
South Eastern Railway, Garden Reach, Kolkata -700043.
2. The Chairman, Railway Recruitment Cell, South Eastern
Railway, having his office at Bunglow No. 12A, Garden
Reach, 11, Garden Reach Road, Kolkata -700043.
3. The Assistant Personnel Officer, for Divisional Railway
Management (P), Southern Side, 2nd Avenue, South
Eastern Railway, Kharagpur, Post Office & Police Station
Kharagpur, District - Paschim Medinipur, Pin 721301.
4. The Senior Divisional Personnel Officer, South Eastern
Railway, Kharagpur, Kharagpur, P.O. District-Paschim
Medinipur, Pin Code No. 721301.
5. The Secretary, Ministry of Railway, Govt. of India, Rail
Bhawan, New Delhi-110001.
6. The Competent Authority, Deshapran Nandigram
Special Railway, Near Kanthi Railway Station, P.O.Contai,
District- Purba Medinipur, Pin Code No.721401.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.01.27 15:46:52+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1982/2024
7. Dy. Chief Engineer (Construction)/Land, Office of the
Chief Admn. Office (Con), 11, Garden Reach Road,
Southern Eastern Railway, Kolkata 700043.
..........Respondents
For the Applicant : Mr. B C Manna; Counsel
For the Respondents : None
O R D E R (O R A L)
Per: Hon'ble Mr. Suchitto Kumar Das (A):
1. Ld Counsel for the applicant is present.
2. Heard.
3. Ld Counsel for the applicant files affidavit of service which is taken on record.
4. 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 Deshapran 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 Deshapran 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."
5. MA/1330/2024 filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein. The applicants are accordingly allowed to pursue Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.27 15:46:52+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1982/2024 the remedy jointly. MA/1330/2024 accordingly stands allowed, subject to payment of individual Court fees.
6. Ld Counsel for the applicants submits that the land of the applicants was acquired by the Railways for Deshpran-Nandigram Special Railway Project. In this regard a land loser certificate was issued in favour of the applicants. Thereafter, as per Railway Board's Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicants had made an application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, they were not granted the same. Being aggrieved with the same the applicant no. 1 had made a representation dtd. 29.10.2024 before the respondents/ competent authority. However, the said representation has not been considered till date. Being aggrieved with the same the applicants have approached this Tribunal and have filed the present OA.
7. Ld Counsel for the applicant submits that it would suffice his purpose if an order is passed by this Tribunal directing the respondents to consider the pending representation of the applicants, 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 passed by this Tribunal in OA/350/1823/2016.
8. In view of the above, we direct the respondents/competent authority to consider the pending representation of the applicants dtd. 29.10.2024, treating this OA as a part of it and in light of the judgment dtd. 01.07.2021 Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.27 15:46:52+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1982/2024 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 order passed by this Tribunal in OA/350/1823/2016, by way of a reasoned, speaking order within a period of 06 weeks from the date of receipt of certified copy of this order and would communicate it to applicant.
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.
(Mr. Suchitto Kumar Das) (Mr. Justice B K Shrivastava)
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.27 15:46:52+05'30' Foxit PDF Reader Version: 2024.3.0