Central Administrative Tribunal - Kolkata
Subal Chandra Mandal vs South Eastern Railway on 10 November, 2025
1 O.A./350/1261/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1261/2025
Date of Order: 10.11.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Subal Chandra Mandal, son of late Nirmal Kr. Mandal, residing at Village
and Post Office Tiorkhali, P.S. Bhupatinagar, District Purba Medinipur,
Pin - 721655
.............Applicant.
Vs.
1. The Union of India, 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
No.721301.
3. The Secretary, Ministry of Railway, Govt. of India, Rail Bhawan, New
Delhi-110001.
4. The Competent Authority, Deshapran Nandigram Special Railway,
Near Kanthi Railway Station, P.O.Contai, District-Purba Medinipur, Pin
Code No.721401.
........Respondents.
For the Applicant : Mr. B C Manna; Counsel
For the Respondents : Mr. B K Banerjee; Counsel
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S=
Subhrajit KoleyWest Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.11.13 17:38:34+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1261/2025
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicant is present. He files his affidavit of service which is taken on record.
2. Ld Standing Counsel Mr. B K Banerjee appears for the respondents.
3. 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 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 in
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."
4. Ld Counsel for the applicants submits that the land of the applicant was acquired by the Railways for the purpose of Deshpran-Nandigram Special Railway Project. In this regard, land loser certificate had also been issued in favour of the applicant. Thereafter, as per Railway Board's Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicant had made an application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, he was not granted the same. Being aggrieved with the same the applicant has made a representation dtd. 20.12.2024 before the respondents/ competent authority. However, the said representation has not been considered till date. Being aggrieved with Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S= Subhrajit KoleyWest Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:38:34+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1261/2025 the same the applicant has approached this Tribunal and have filed the present OA.
5. 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.
6. Ld Counsel for the respondents submits that Respondent No. 3 has nothing to do with this case. Therefore, his name may be deleted from the OA.
7. Heard Ld Counsel for both the parties.
8. Name of Respondent No. 3 is deleted from the instant case.
9. Since the Ld Counsel for the applicant has made an innocuous prayer of consideration of representation, we direct the respondents/competent authority to consider the pending representation of the applicant dtd. 20.12.2024, 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 applicant by way of a reasoned, speaking order within a period of 04 months from the date of receipt of certified copy of this order
10. 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. Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode=712139, S= Subhrajit KoleyWest Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:38:34+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1261/2025
11. Accordingly, both OA and MA are disposed of. No costs.
(Mr. Suchitto Kumar Das) (Smt. Urmita Datta (Sen))
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, PostalCode=712139, S= Subhrajit Koley West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:38:34+05'30' Foxit PDF Reader Version: 2024.3.0