Central Administrative Tribunal - Kolkata
Mangal Pal vs South Eastern Railway on 5 June, 2025
1 o.a. 613 of 25 with m.a.399 of 25
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/613/2025 Date: 05.06.2025
M.A. 350/399/2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
1. Mangal Pal, son of Subal Chandra Pal, Village and Post
Office- Gholepukuria, Police Station- Nandigram, District-
Purba Medinipur, Pin- 721650.
2. Subal Chandra Pal, son of Surendra Pal, residing at
Village and Post Office- Gholepukuria, Police Station-
Nandigram, District- Purba Medinipur, Pin- 721650 .
.........Applicants
-Versus-
1. Union of India service through the General Manager,
South Eastern Railway, 11, Garden Reach Road, Kolkata -
700043.
2. The Divisional Railway Manager (T), South Eastern
Railway, Kharagpur Division, D.R.M. Building, Post Office-
Kharagpur, District- Paschim Medinipur, West Bengal-
721301.
3. The Land Acquisition Officer-cum-Competent Authority,
Deshpran-Nandigram, B. G. Line, Post Office- Contai,
District- Purba Medinipur, Pin -721430.
........Respondents
For the Applicant : Sk. R. Alam, Counsel
For the Respondents : Mr. B. K. Banerjee, Standing Counsel
Digitally signed by Pampa Nandi
Debnath
DN: C=IN, O=Personal, T=1575,
OID.2.5.4.65=
133596280922834876S4dj74l44OOh8c,
Pampa Phone=
feef9776669c46fe6184e820dd910dd7d0
1593942dd0b54986bb0e3896815227,
Nandi PostalCode=700131, S=West Bengal,
SERIALNUMBER=
965e50cc3fa0709cded2168635dee2247
Debnath 261f62bbbc47678dd5cb72a133ee6b9,
CN=Pampa Nandi Debnath
Reason: I am the author of this
document
Location:
Date: 2025.06.10 14:09:43-07'00'
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2 o.a. 613 of 25 with m.a.399 of 25
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.
2. Heard both sides.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"I) Issue a direction upon the concerned respondents, each one of them their men, agents subordinates to forthwith provide employment in favour of the applicant in suitable posts according to the Notification of Railway authority for acquisition of land regarding constructions of Railway Line Deshpran to Nandigram Special Project after considering representation of the petitioners.
II) Issue an order directing the respondents, each one them, their men, agents, subordinates to certify and transmit to this Hon'ble Tribunal relevant documents pertaining to the present case so that conscionable justice may be administered by directing them to forthwith provide employment in favour of the applicant no. 1 in suitable posts in the pay scale according to the notification of Railway regarding construction of Railway Line Deshpran to Nandigram Special Project.
III) Costs of and/or incidental to this application to borne by the respondents.
IV) Such further and/or other order or orders be passed and/or direction or directions be given, as to this Hon'ble Tribunal may deem fit and proper."
4. MA/399/2025 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.
5. Ld Counsel for the applicants submits that the land of the applicants 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 applicants had made 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 Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44OOh8c, Pampa Phone= feef9776669c46fe6184e820dd910dd7d0 1593942dd0b54986bb0e3896815227, Nandi PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2247 Debnath 261f62bbbc47678dd5cb72a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.06.10 14:09:43-07'00' Foxit PDF Reader Version: 2024.4.0 3 o.a. 613 of 25 with m.a.399 of 25 same the applicant no. 1 had made a representation dtd.
31.08.2024(Annexure A/6) 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.
6. Ld Counsel for the applicants 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.
7. In view of the above, we direct the respondents/competent authority to consider the pending representation of the applicantsdtd.dtd. 31.08.2024, 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 three months from the date of receipt of certified copy of this order
8. 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 Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65=
133596280922834876S4dj74l44OOh8c, Pampa Phone= feef9776669c46fe6184e820dd910dd7d0 1593942dd0b54986bb0e3896815227, Nandi PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2247 Debnath 261f62bbbc47678dd5cb72a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.06.10 14:09:43-07'00' Foxit PDF Reader Version: 2024.4.0 4 o.a. 613 of 25 with m.a.399 of 25
9. Accordingly, the OA is disposed of at admission stage. MA/399/2025 is also disposed of accordingly. 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= 133596280922834876S4dj74l44OOh8c, Pampa Phone= feef9776669c46fe6184e820dd910dd7d0 1593942dd0b54986bb0e3896815227, Nandi PostalCode=700131, S=West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee2247 Debnath 261f62bbbc47678dd5cb72a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.06.10 14:09:43-07'00' Foxit PDF Reader Version: 2024.4.0