Madhya Pradesh High Court
Arpit Jain vs Union Of India on 4 January, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
The High Court of Madhya Pradesh
WRIT PETITION NO. 4270/2021
(ARPIT JAIN Vs UNION OF INDIA)
Jabalpur; Dated : 04.1.2022
Shri Sanjay Kumar Verma, learned counsel for the petitioner.
Shri Govind Patel, learned Standing Counsel for the respondent nos. 1 to 4.
Petitioner has filed this writ petition challenging order dated 28.9.2020, contained in Annexure P/1. By the said order, application of petitioner for grant of employment in lieu of acquisition of his land was rejected on the ground that policy for grant of appointment in lieu of acquisition of land has come to an end on 11.11.2019. Application of petitioner was received on 28.9.2020. Since no policy is in existence, therefore, application of petitioner was dismissed. Counsel for the petitioner submitted that as per the clarification issued by President, Railway Recruitment Board, Western Railway, Jabalpur dated 5.3.2021, benefit of employment for acquisition of land is to be given in all such cases where acquisition of land is made prior to 11.11.2019. It is submitted by him that his case falls under this circular and therefore, respondents may be directed to reconsider his application for considering the entitlement of petitioner for grant of appointment. Learned Standing Counsel for the respondent nos. 1 to 4 submitted that respondents will reconsider fresh application filed by the petitioner in accordance with the circular dated 5.3.2021 and pass a reasonable and speaking order.
Considering the aforesaid submissions made by counsel for the parties, writ petition filed by the petitioner is disposed off with direction that if petitioner files fresh application before the Competent Authority i.e. respondent nos. 3 and 4 then they will consider the application filed by the petitioner for his entitlement for grant of appointment in lieu of acquisition of land. Said application filed by the petitioner shall be considered and decided within a period of 60 days from the date of receipt of certified copy of the order passed today.
Writ Petition is disposed off.
(VISHAL DHAGAT) JUDGE DUBEY/-
Digitally signed by ARVIND KUMAR DUBEY Date: 2022.01.06 11:47:23 +05'30'