Central Administrative Tribunal - Jabalpur
Rahul Jhaliya vs M/O Railways on 5 July, 2022
1 OA No.200/24/2020 & other connected OAs
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
1. Original Application No.200/24/2020
2. Original Application No.200/25/2020
3. Original Application No.200/27/2020
4. Original Application No.200/32/2020
5. Original Application No.200/37/2020
6. Original Application No.200/40/2020
7. Original Application No.200/41/2020
8. Original Application No.200/52/2020
9. Original Application No.200/53/2020
10. Original Application No.200/60/2020
11. Original Application No.200/61/2020
12. Original Application No.200/64/2020
13. Original Application No.200/70/2020
14. Original Application No.200/72/2020
15. Original Application No.200/73/2020
16. Original Application No.200/74/2020
17. Original Application No.200/75/2020
18. Original Application No.200/78/2020
19. Original Application No.200/79/2020
20. Original Application No.200/105/2020
21. Original Application No.200/106/2020
22. Original Application No.200/107/2020
23. Original Application No.200/150/2020
24. Original Application No.200/153/2020
25. Original Application No.200/154/2020
26. Original Application No.200/155/2020
Page 1 of 9
2 OA No.200/24/2020 & other connected OAs
27. Original Application No.200/156/2020
28. Original Application No.200/158/2020
29. Original Application No.200/159/2020
30. Original Application No.200/160/2020
31. Original Application No.200/164/2020
32. Original Application No.200/166/2020
Jabalpur, this Tuesday, the 05th day of July, 2022
HON'BLE MR. RAMESH SINGH THAKUR, JUDICIAL MEMBER
Lalit Kumar, S/o Brajendra Kumar Patel, Age - 33 years, Occu. Unemployed,
R/o Ward No.3, Mehra gaon, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/24/2020
Pankaj Sahu, S/o Shiv Ram Sahu, Age - 34 years, Occu. Unemployed, R/o Ward
No.2, Shivaji Nagar, Jamani Road, Teh. Itarsi, Distt. Hoshangabad (M.P.).
-Applicant in OA 200/25/2020
Akhilesh Chourey S/o Lal bahadur Choure, Age - 27 years, Occu. Unemployed,
R/o Mata Mohalla, Pathrauta Ward No.7, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/27/2020
Deepak Yadav, S/o Brajesh Kumar Yadav, Age - 19 years, Occu. Unemployed,
R/o Ward No.23, House No.87, near Govt. Gandhi Nagar School, Bajrang Nagar,
Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/32/2020
Ratnesh Kumar Patel, S/o Rahuvir Prasad Patel, Age - 29 years, Occu.
Unemployed, R/o L.I.G. 09, Ward No.- 14, Shikshak Nagar Itarsi, Teh - Itarsi
Distt. Hosangabad (M.P.).
-Applicant in OA 200/37/2020
Ku. Meenu Patel, D/o Late Anant Kumar Patel, Age - 21 years, Occu.
Unemployed, R/o Village Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/40/2020
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3 OA No.200/24/2020 & other connected OAs
Kailash Chourey, S/o Late Murari Lal Chourey, Age - 25 years, Occu.
Unemployed, R/o Village Ganuchi Taronda, Teh. Itarsi, Distt. Hoshangabad
(M.P.).
-Applicant in OA 200/41/2020
Aarti Patel, D/o Bhagirath Choudhary, W/o Dheerendra Patel, Age - 31 years,
Occu. Unemployed, R/o Ward No.1, Near Taj Showroom, Jai Prakash Nagar,
Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/52/2020
Sachin Patel, S/o Dal Chand Patel, Age - 20 years, Occu. Unemployed, R/o
Village Mothiya, Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/53/2020
Chetan Sonwane, S/o Ravi Sonwane, Age - 20 years, Occu. Unemployed, R/o
Sai Nagar Naya Yard, Gram Mehra Gaon, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/60/2020
Rohit Patel, S/o Janki @ Raju Patel, Age - 19 years, Occu. Unemployed, R/o
Village Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/61/2020
Devendra Chourasiya S/o Kishor, Age - 37 years, Occu. Unemployed, R/o Ward
No.16, Gali No.3, Indra Nagar Naya Yard, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/64/2020
Hari Om Choudhary, S/o Kamal Kishor, Age - 27 years, Occu. Unemployed, R/o
Village Saket, Teh. & Distt. Hosangabad (M.P.) 461111.
-Applicant in OA 200/70/2020
Raghvendra Jhaliya, S/o Late Bharat Pal Jhaliya, Age - 28 years, Occu.
Unemployed, R/o Village Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/72/2020
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4 OA No.200/24/2020 & other connected OAs
Sandeep Patel, S/o Late Ashok Kumar Patel, Age - 29 years, Occu. Unemployed,
R/o Village Saket, Teh. & Distt. Hosangabad (M.P.) 461111.
-Applicant in OA 200/73/2020
Abhishek Jhinjhore, S/o Late Ganesh Prasad Jhinjhore, Age - 22 years, Occu.
Unemployed, R/o Vaishali Nagar, New Yard, Teh. Itarsi, Distt. Hosangabad
(M.P.).
-Applicant in OA 200/74/2020
Harish Solanki, S/o Dwarika Solanki, Age - 25 years, Occu. Unemployed, R/o
Village Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/75/2020
Rahul Jhaliya, S/o Vinay Kumar Jhaliya, Age - 28 years, Occu. Unemployed,
R/o Vill - Saket, Teh. Hoshangabad, Distt. Hosangabad (M.P.).
-Applicant in OA 200/78/2020
Murarilal S/o Manmohan Choudhary, Age - 30 years, Occu. Unemployed, R/o
Village Saket, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/79/2020
Surendra Kumar, S/o Bhagwandas Mehra, Age - 29 years, Occu. Unemployed,
R/o Ward No.13, Village Raisalpur, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/105/2020
Devendra Choure, S/o Radheshyam Choure, Age 34 years, Occu. Unemployed,
R/o Raisalpur, Ward No.19, Itarsi, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/106/2020
Vandana Malaiyya D/o Anil Malaiyya, Age - 20 years, Occu. Unemployed, R/o
Village Saket, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/107/2020
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5 OA No.200/24/2020 & other connected OAs
Satish Dhoke, S/o Radheshyam Dhoke, Age - 26 years, Occu. Unemployed, R/o
Vaishali Nagar, Naya Yard, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/150/2020
Ajay Patel, S/o Jagdeesh Prasad Chourey, Age - 28 years, Occu. Unemployed,
R/o Ward No.2, Mehra Gaon, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/153/2020
Akash Nikam, S/o Sunil Nikam, Age - 23 years, Occu. Unemployed, R/o Indra
Nagar Ward No.12, New Yard, Teh. Itarsi, Distt. Hosangabad (M.P.) 461111.
-Applicant in OA 200/154/2020
Deepesh Patel S/o Rambharos Patel, Age 38 years, Occu. Unemployed, R/o
Raisalpur, Ward No.19, Itarsi, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/155/2020
Sunil Patel, S/o Lakhanlal Patel, Age 39 years, Occu. Unemployed, R/o Bhagat
Singh Nagar, near Harijan Boarding Nala Mohalla, Itarsi, Teh. Itarsi, Distt.
Hosangabad (M.P.) 461111.
-Applicant in OA 200/156/2020
Ranjeet Chourey, S/o Late Chhotelal Chourey, Age - 28 years, Occu.
Unemployed, R/o Ward No.1, Darji Mohalla, Mehragaon Teh. Itarsi, Distt.
Hosangabad (M.P.) 461111.
-Applicant in OA 200/158/2020
Satyam Kumar Chourey, S/o Prakash Chourey, Age - 20 years, Occu.
Unemployed, R/o Ward No. - 1, Darji Mohalla, Village - Mehragaon Teh. Itarsi,
Distt. Hosangabad (M.P.).
-Applicant in OA 200/159/2020
Sanjeev Kumar, S/o Shri Prithviraj, Age - 34 years, Occu. Unemployed, R/o
Village Dehri, Teh. Itarsi, Distt. Hosangabad (M.P.).
-Applicant in OA 200/160/2020
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6 OA No.200/24/2020 & other connected OAs
Manoj Soni, S/o Gopal Prasad Soni, Age - 29 years, Occu. Unemployed, R/o
Village Bor Talai, Teh. Itarsi, Distt. Hosangabad (M.P.) 461111.
-Applicant in OA 200/164/2020
Shailendra Patel, S/o Fadali Lal Patel, Age - 38 years, Occu. Unemployed, R/o
Ward No.26, Rewaganj, Teh. & Distt. Hosangabad (M.P.).
-Applicant in OA 200/166/2020
(By Advocate - Shri Ratnesh Patel)
Versus
1. Union of India through Secretary, Ministry of Railways, Rail Bhavan, New
Delhi 110001.
2. General Manager, Western Central Railway, WCR Headquarters, 35, South
Civil Line, Jabalpur (M.P.) 482001.
3. Divisional Railway Manager, Paschim Madhya Railway, Karmik Shakha,
Bhopal 462026.
-Common Respondents
(By Advocate - Shri Vijay Tripathi in all OAs except OA No.200/153/2020 &
OA No.200/154/2020, Shri A.P. Khare in OA No.200/153/2020 & Shri Sunil
Rao, proxy counsel of Shri Swapnil Ganguly in OA No.200/154/2020)
COMMONORDER
These bunch of Original Applications are taken up together, with the consent of the parties, as the issue involved in all these Original Applications is identical. Hence, these Original Applications are being adjudicated upon by way of a common order.
2. The applicants are aggrieved that their case of appointment in lieu of the land acquired by the respondents for their Railway project, has been rejected on Page 6 of 9 7 OA No.200/24/2020 & other connected OAs the ground that employment assistance cannot be provided as per the policy dated 11.11.2019.
3. The applicants submit that their land was acquired prior to issuance of RBE No.193/2019 dated 11.11.2019 (Annexure A-20). Para 5 of the said RBE itself provides that the policy shall be effective from the date of its issuance. Therefore, the effect and operation of RBE No.193/2019 cannot be applied retrospectively as the land of the applicants was acquired much prior to issuance of said RBE and as per the policy applicable at the relevant point of time, the applicants are entitled to be appointed being displaced due to acquisition of land.
4. Learned counsel for the applicants submits that the issue involved in these Original Applications has already been considered and decided by this Tribunal in number of Original Applications. He has placed on record copy of one such order passed in Original Application No.200/275/2021 decided on 23.03.2022 (Ashok Kumar Patel vs. Union of India & others), wherein this Tribunal has held that the policy dated 11.11.2019 is applicable to only those land losers whose land was acquired after issuance of RBE No.193/2019.
5. A common reply in all the Original Applications has been filed by the respondents. It has been stated by the respondents that the earlier policy dated 28.09.2010 (Annexure R-1), which provides for employment assistance apart from compensation, has now been revised vide RBE No.193/2019 dated Page 7 of 9 8 OA No.200/24/2020 & other connected OAs 11.11.2019 and only compensation is to be paid to the affected land losers. Therefore, the applicants are not entitled for employment assistance in view of the revised policy issued by the Railway Board.
6. Heard learned counsel for the parties and perused the pleadings and the documents available on record.
7. Undoubtedly, the grant of appointment to persons displaced as a result of acquisition is a matter within the purview of the policy discretion. However, when a policy has been laid down by the Railways, the terms of the policy are to be enforced and the cases falling under the policy cannot be rejected for extraneous reasons and based on irrelevant considerations. In the instant cases, it is clear from the record that the land of the applicants was acquired prior to issuance of RBE No.193/2019 dated 11.11.2019 and, therefore, the applicants are entitled for consideration of their cases for employment assistance as per the earlier policy of the Railways.
8. Moreover, the issue involved in these Original Applications is no longer res integra as the same has already been considered and decided by this Tribunal in Original Application No.200/275/2021. The relevant portion of the order dated 23.03.2022 reads as under:
"6. It is undisputed fact that the land of the applicants' was acquired prior to issuance of RBE No.193/2019 dated 11.11.2019, which is clear as per the award passed by the Sub-Divisional Officer dated 02.08.2019 Page 8 of 9 9 OA No.200/24/2020 & other connected OAs (Annexure A-1). Para 5 of the RBE No.193/2019 clearly states that the policy shall be effective from the date of its issuance, meaning thereby, the persons whose land was acquired after issuance of RBE No.193/2019, shall be governed by the said policy. However, in the instant case, the land of the applicants was acquired much prior to issuance of RBE No.193/2019 and as such, case of the applicants ought to have been considered as per the earlier policy of the respondent department, which provides for employment assistance apart from compensation. Moreover, this Tribunal in number of Original Applications has already adjudicated upon this issue and has held that the policy dated 11.11.2019 is applicable to only those land losers whose land was acquired after issuance of RBE No.193/2019 and the applications for appointment, whether received before 11.11.2019 or after 11.11.2019, are to be dealt with taking into consideration the date of acquisition of the land."
9. In view of the above, all these Original Applications are disposed of with a direction to the respondents to reconsider the case of the applicants for employment assistance, within a period of three months from the date of receipt of a copy of this order. No order as to costs.
10. A copy of this order shall also be placed in other connected Original Applications.
(Ramesh Singh Thakur) Judicial Member am/-
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