Central Administrative Tribunal - Jabalpur
Shailendra Kumar Pandey vs Railway on 12 August, 2025
1 OA 200/160/2023 & other connected OAs
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/160/2023 & other connected
Original Applications
Jabalpur, this Tuesday, the 12th day of August, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. ORIGINAL APPLICATION NO.200/160/2023
Chandan Soni, aged about 30 years, S/o Chandrashekhar Soni, R/o
Asati Mohalla, Hatwara, Chattarpur (M.P.) - 471001.
-Applicant
(By Advocate - Shri Govind Patel)
Versus
1. Union of India through Secretary, Railway Board, Raisina Hills,
Rajpath Arera, New Delhi - 110001.
2. General Manager, W.C. Railway, Jabalpur, In front of Indra
Market, Jabalpur (M.P.) 482001.
3. Senior Divisional Personnel Officer, W.C. Railway, Jabalpur
(M.P.) 482001.
4. Senior Divisional Personnel Officer, W.C. Railway, Bhopal
Division, Bhopal (M.P.) 462024.
5. Principal Chief Personnel Officer, HQ W.C. Railway, Near Indra
Market, Jabalpur (M.P.) 482001.
- Respondents
(By Advocate -Shri N.K. Mishra)
2. ORIGINAL APPLICATION NO.200/505/2024
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1. Rajneesh Sharma S/o Rajendra Prasad Sharma Aged 40 yrs R/o
Ward No - 11, guraulihan tola, Bansa Distt. Rewa MP - 486550
Occupation - Unemployed Mob. No-6261447743 Email id -
[email protected].
2. Vineet Shukla S/o Ramesh Shukla, Aged 44 yrs R/o H. No - 501
Near Govt. Bansa School, Govindgarh, Bansa Distt. Rewa MP-
486550, Occupation - Unemployed, Mob. No-9424442377, Email
ID - NA.
3. Prakash Mani Tripathi S/o Heeralal Tripathi, Aged 46yrs R/o
Ward, Bhitri Churhat, Distt. Sidhi MP-486775 Occupation -
Unemployed Mob No-9589472991 Email Id - NA.
4. Vanmala Dwivedi D/o Shivesh Kumar Aged 39yrs R/o Ward No
1, tadaura, Gram Tadaura Post Dighwar, Tehsil Mauganj Dighwar
Distt. Rewa MP-486123 Occupation - Unemployed Mob. No-
7470492368
Email id - NA.
5. Priyanka Singh D/o Laxman Singh Aged 27 yrs R/o Gram Khori,
Post Amarpur, Distt. Sidhi MP-486661 Occupation Unemployed
Mob No-9644319438 Email Id - NA.
6. Vineeta Patel D/o Pushpendra Kumar Patel, Aged 27 yrs R/o H.No
- 40 Gram Kushpari, Churhat Distt. Sidhi MP-486771 Occupation -
Unemployed Mob. No-8349557670 Email id - NA.
7. Pooja Mishra D/o Shukramani Prasad Mishra Aged 30 yrs R/o
Gram Madhuri, Post Noudhya, Madhuri Kothar, Distt. Sidhi MP-
486661 Occupation - Unemployed Mob. No-9630555823 Email Id -
NA.
8. Rashmi Mishra D/o Vivek Kumar Mishra Aged 35 yrs R/o H.No -
13, Debha Road Near Pachpediya, Madhuri Kothar, Gopadbanas
Distt. Sidhi MP - 486661 Occupation - Unemployed Mob No-
7247289436 Email Id- NA.
9. Kavita Sharma D/o Muneendra Tripathi Aged 38 yrs R/o Gram
Madhuri Kothar, Post Noudhiya, Gopadbanas, Distt. Sidhi MP-
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486661 Occupation - Unemployed Mob No-9893960369 Email Id-
NA.
10. Aruna Singh D/o Lal Ji Singh Chauhan Aged 40 yrs R/o H no -
89, Village post Mawai, Distt Sidhi MP-486771 Occupation -
Unemployed Mob No-7974391381 Email Id - NA.
11. Komal Mishra D/o Rajvardhan Mishra Aged 27 yrs R/o Ward No
- 8, Gram Madhuri Kothar, Noudhiya, Gopadbanas, Distt. Sidhi MP-
486661 Occupation - Unemployed Mob No-8602868640 Email ID -
NA.
12. Meenakshi Chaturvedi Dio Vidhyanidhan Chaturvedi Aged 27
yrs R/o H. No -24, Gram Bhagatkhas, Rampu Naikin, Distt. Sidhi
MP-486776 Occupation - Unemployed Mob No8305630470 Email
Id-NA.
13. Vikas Kumar Mishra S/o Rajendra Prasad Mishra Aged 27 yrs
R/o Gopadbanas, Distt. Sidhi MP Occupation - Unemployed Mob
No. - NA Email Id - NA.
14. Prakash Mishra S/o Ramji Mishra Aged 24 yrs R/o Mugwari
Madva Distt Sidhi MP-486661 Occupation - Unemployed Mob No-
9755456058 Email Id - NA.
15. Pooja Mishra D/o Ramji Mishra Aged 29 yrs R/o Makan No 23,
Ahirmara, Piprohar, Distt Sidhi MP-486661 Occupation -
Unemployed Mob No-8319441267 Email Id - NA.
16. Babulal Patel S/o Ramanuj Patel Aged 47 yrs R/o Jhalwar,
Rampur Naikin, Distt. Sidhi, MP-486771 Occupation - Unemployed
Mob No-9685579415 Email Id - NA.
17. Brijendra Bagri S/o Rajendra Prasad Aged 29 yrs R/oWard No -
8 Gram Kolad Barethiya Distt. Raghuraj Nagar, Satna MP - 485441
Occupation - Unemployed Mob No-7489400861 Email Id - NA.
18. Anil Kumar Tripathi S/o Ram Naresh Tripathi Aged 36 yrs R/o
00 Bikra Nagaud Distt, Satna MP-485446 Occupation - Unemployed
Mob No-7566034599 Email Id [email protected].
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19. Amit Kushwaha S/o Santosh Kushwaha Aged 26 yrs R/o Makan
No 120, Ward No 20, Gram Sadwa, Post dhaurahara Nagaud, Distt.
Satna MP-485446 Occupation - Unemployed Mob No-7580912157
Email Id - [email protected].
20. Mohit Singh Parihar S/o Mohan Pratap Singh Parihar Aged 35yrs
R/o Magha Tola, Gram Badhav, Post Gangawariya, Nagaud Distt.
Satna MP-485446 Occupation - Unemployed Mob No-9826677533
Email Id - NA.
21. Ranjeet Singh S/o Ravi Nath Singh Aged 44 yrs R/o Makan No
85, Baghwar School ke paas Post - Baghwar Distt. Sidhi MP-486776
Occupation - Unemployed Mob. No-8319420347 Email Id - NA.
22. Mangal Prasad Domar S/o Moti Lal Basor Aged 44 yrs R/o H No
238, Post Ama Nagaud Distt. Satna MP-485447 Occupation -
Unemployed Mob No-9179217468 Email Id - NA.
23. Ram Kishor Kushwaha S/o Sundar Lal Kushwaha Aged 43 yrs
R/o Gram Chapa Post Jaso Devendra Distt Satna MP-485551
Occupation - Unemployed Mob No-7000403123 Email Id - NA.
24. Raj Bhan Kushwaha S/o Ram Kumar Kushwaha Aged 32 yrs R/o
Ward No 14 Bamuri Road Devendra Nagar Distt Panna MP -
488333
Mob No-9589409821 Email Id - NA, Occupation - Unemployed.
25. Mukesh Kumar Kushwaha S/o Gulzarilal Kushwaha Aged 32 yrs
R/o 152, Village Semri Nagaud Distt. Satna MP-485446 Occupation
Unemployed Mob No-9589779267 Email Id -
[email protected].
26. Jeetendra Singh S/o Ramrasendra Singh Aged 35 yrs R/o Gram
Bikra Nagaud Distt Satna MP-485446 Occupation - Unemployed
Mob No-6264010935 Email Id - NA.
27. Sunil Singh S/o Bharat Singh Aged 35 yrs R/o H No-33 Devipur
Ramasthan Raghurajnagar Distt Satna MP-485112 Occupation -
Unemployed Mob No-8839956463 Email id - NA.
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28. Ramanuj Das Pandey S/o Shri Shiv Shankar Pandey Aged 39 yrs
R/o H.No 245, Hanuman Tola, Dureha Nagaud Distt Satna MP-
485551 Occupation - Unemployed Mob No-9752404143 Email Id -
NA.
29. Brijlal Sen S/o Natthu Lal Sen Aged 45 yrs R/o Ghar No 84,
Rajaram Patil Chawl Gram Badhora, Devendra nagar, Chandni
Chowk, Distt. Panna, M.P.-488333 Occupation - Unemployed Mob
No-7218521447 Email Id - NA.
30. Amit Kumar Shukla S/o Nan d Kumar Shukla Aged 47 yrs R/o
House no. 242, Ward no 13, Amawa, Amba, Distt. Rewa (M.P)
486446 Occupation - Unemployed Mob No.-9009400826 Email id -
NA.
-Applicants
(By Advocate - Mrs. Smita Singh)
Versus
1. Union of India through Secretary, Ministry of Railway, 256-A
Raisina Road, Rajpath Area, Central Secretariate, New Delhi -
110001.
2. Ministry of Railway through Chairman, Railway Board 21, Rail
Bhawan, Rafi Marg, New Delhi - 110001.
3. Divisional Railway Manager (P), West Central Railway (WCR),
Jabalpur (M.P.) - 482001.
4. State of M.P. through Chief Secretary/Mantralaya, Vallabh
Bhawan, Bhopal (M.P.) - 462004.
5. S.D.O. (Revenue/Land Acquisition Officer), District Satna (M.P.)
485001.
6. The General Manager, West Central Railway, Jabalpur, M.P. -
482001.
- Respondents
(By Advocate -Shri Satyendra Kumar Patel)
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3. ORIGINAL APPLICATION NO.200/221/2023
Shri Santosh Singh Bundela, aged about 34 years, S/o Shri Pran
Singh Bundela, Residence of C/o Behind Hemant Soni, Sarita Steel
Godam, Vishwnath Colony, Nav Gaon Road, Chattarpur (M.P.) 0
471001.
-Applicant
(By Advocate - Shri Govind Patel)
Versus
1. Union of India through General Manager, W.C. Railway, Jabalpur,
In front of Indra Market, Jabalpur (M.P.) 482001.
2. Senior Divisional Personnel Officer, D.R.M. Office, W.C.
Railway, Jabalpur (M.P.) 482001.
3. Principal Chief Personal Officer, H.Q. Jabalpur, Zone - Jabalpur
(M.P.) - 482001
- Respondents
(By Advocate -Shri Satyendra Kumar Patel)
4. ORIGINAL APPLICATION NO.200/540/2024
1. Rambhajan Soni S/o Rohini Prasad Soni Aged 46 yrs R/o H No-
77, Ward 3 Angan Badi Gadhiya Tola Raghurajnagar Distt. Satna
MP-485001. Occupation - Unemployed Mob No-9589033945 Email
Id - [email protected].
2. Maneesha Kushwaha D/o Raja bhaiya Kushwaha Aged 22 yrs R/o
Gram Sadwa Distt Satna MP-485446 Occupation - Unemployed
Mob No-7580802523 Email Id - NA.
3. Naresh Kumar Verma S/o Lala Prasad Verma Aged 38 yrs R/o
Ward 4, Gram Matehana Raghurajnagar Distt. Satna MP 485001
Occupation Unemployed Mob No-9755218280 Email Id - NA.
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4. Jeetendra Kumar Kushwaha S/o Ramswarup Kushwaha, Aged 34
yrs R/o Ward No 12 Devendranagar Distt. Panna MP-488333
Occupation - Unemployed Mob No-7691910094 Email Id -
[email protected].
5. Sanjeev Kumar Prajapati S/o Buddhi Prakash Prajapati aged 32
yrs
R/o Ward No 2 Saleha Road, Devendranagar Distt. Panna MP-
488333
Occupation - Unemployed Mob No-7772026599 Email id -
[email protected].
6. Hemant Kushwaha S/o Rakesh Kushwaha Aged 23 yrs R/o Ward
No 1 Gram Post Birwahi, Devendranagar Distt Panna MP-488333
Occupation - Unemployed Mob No-8964944533 Email id - NA.
7. Shribhan Kushwaha S/o Ram Kumar Kushwaha Aged 42 yrs R/o
Devendranagar Distt Panna MP Occupation - Unemployed Mob No-
8962710224 Email Id - NA.
8. Kamlesh Kushwaha S/o Ganeshi Kushwaha Aged 23 yrs R/o H
No-123, Ward No-02, Kadari Basari Distt. Chattarpur MP 471105
Occupation - Unemployed Mob No-8717926586 Email Id - NA.
9. Rameshwar Prasad Gautam S/o Rajmani Gautam Aged 36 yrs R/o
Near School Dihiya, Distt. Rewa MP-486550 Occupation -
Unemployed Mob No-6261722358 Email Id - NA.
10. Anushree Bilthriya D/o Santosh Kumar Bilthriya Aged 36 yrs
R/o Gram Nunahi, Post Jigdaha, Panna MP-488333 Occupation -
Unemployed Mob No-9617917574 Email Id - NA.
-Applicants
(By Advocate - Mrs. Smita Singh)
Versus
1. Union of India through Secretary, Ministry of Railway, 256-A
Raisina Road, Rajpath Area, Central Secretariate New Delhi -
110001.
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2. Ministry of Railway, Railway Board, 21, Railway Bhawan, Rafi
Marg, New Delhi - 110001.
3. Divisional Railway Manager (P), West Central Railway (WCR),
Jabalpur (M.P.) - 482001.
4. State of M.P. through Chief Secretary/Mantralaya, Vallabh
Bhawan, Bhopal (M.P.) - 462004.
5. S.D.O. (Revenue/Land Acquisition Officer), District - Panna
(M.P.) 488001.
6. The General Manager, West Central Railway, Jabalpur M.P. -
482001.
- Respondents
(By Advocate -Shri Surendra Pratap Singh)
5. ORIGINAL APPLICATION NO.200/1103/2023
1. Dushyant Kushwaha, S/o Shri Nathulal Kushwaha, aged 27 years,
R/o Village Purushottampur, Post Janakpur, District Panna,
Occupation Unemployed (M.P.) - 488001.
2. Shubham Raikwar, S/o Shri Bhagwat Prasad Raikwar, aged 26
years, R/o Ward No.1, Village Tikuriya Mohalla, Panna District
Panna (M.P.) Occupation : Unemployed - 488001.
3. Rajeev Kumar Dey, S/o Shri Ravindra Nath Dey, aged 25 years,
R/o - Village and Post Office Jamunhai Post Office Panna, District
Panna (M.P.) Occupation : Unemployed - 488001.
4. Soumil Singh, S/o Shri Beer Singh, aged 24 years, R/o - Gram
Alha, Post Panna (M.P.) - 488001, Occupation : Unemployed
488001.
5. Brij Kishore Mishra, S/o Shri Keshav Prasad Mishra, aged 33
years, R/o - Village Pishtha, Panchayat Pishtha, Tehsil Ajaygarh,
District Panna (M.P.) Occupation : Unemployed 488001.
-Applicants
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9 OA 200/160/2023 & other connected OAs
(By Advocate - Shri Abhigya Verma)
Versus
1. Union of India through Secretary, Ministry of Railway, R/o Rail
Bhavan, Raisina Marg, District New Delhi (Delhi) - 110004.
2. General Manager, West Central Railway, R/o 35, South Civil
Lines, District Panna (M.P.) - 488001.
3. Senior Divisional Personnel Officer, Divisional Railway Manager
Office, D.R.M. Road, R/o Bengali Colony, N-2, Habibganj Bhopal
(M.P.) - 462024.
4. Senior Divisional Personnel Officer Bhopal, Divisional Railway
Manager Office, Civil Lines, Jabalpur, Madhya Pradesh - 482001.
- Respondents
(By Advocate -Shri D.S. Baghel)
6. ORIGINAL APPLICATION NO.200/612/2024
1. Surendra Kumar Soni S/o Kalu Ram Soni Aged 48 yrs R/o, Ward
1 Infront of New Kotwali Nagod Distt. Satna MP-485446
Occupation - Unemployed Mob No-9425834748 Email - Soni.
[email protected].
2. Praveen Kumar Soni S/o Jugul Kishore Soni Aged 46 yrs R/o- N
02, Nagod Distt. Satna MP-485446 Occupation Unemployed Mob
No9826935329 Email- [email protected].
3. Deepika Soni W/o Neeraj Soni, Aged 41yrs R/o Ward 02, Lal
Bahadur Shastri Ward Paharua Galla Mandi Katni Murwara Distt.
Katni MP-483501 Occupation Unemployed Mob No-7697650555
Email-Id [email protected].
4. Manoj Tiwari S/o Blister Tiwari Aged 48 yrs R/o Badkhara 739
Churhat Distt. Sidhi MP-486771 Occupation - Unemployed Mob
No-7354940032 Email id- ΝΑ.
-Applicants
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10 OA 200/160/2023 & other connected OAs
(By Advocate - Mrs. Smita Singh)
Versus
1. Union of India through Secretary, Ministry of Railway, 256-A,
Rail Bhawan, Raisina Road, Rajpath Area Central Secretariate, New
Delhi - 110001.
2. Ministry of Railway through Chairman, Railway Board 21, Rail
Bhawan, Ministry of Railways, Rafi Marg, New Delhi - 110001.
3. Divisional Railway Manager (P), West Central Railway (WCR),
Jabalpur (M.P.) - 482001.
4. The General Manager, West Central Railway, Jabalpur (M.P.) -
482001.
(By Advocate - Shri P.K. Chaurasia)
7. ORIGINAL APPLICATION NO.200/693/2024
1. Shailendra Kumar Pandey, S/o Rajendra Kumar Pandey, aged 29
years, R/o Village Amirti 20 Post Tamra Bansi, Huzur Rewa MP -
486006, Occupation - Unemployed, Mob No.9039667489, Email -
NA.
2. Dharmendra Kumar Pandey, S/o Rohani Prasad Pandey, aged 43
years, R/o Village Amirti 20 Post tamra bansi, Huzur Rewa MP -
486006, Occupation - Unemployed, Mob No. - 97558352425.
3. Ibran Khan, S/o Daud Ahamad Khan, aged 32 years, R/o - House
464, 20, Premnagar, Madwa - 493, Rewa, M.P. - 486550,
Occupation - Unemployed, Mob No. - 9039667489, Email - NA.
-Applicants
(By Advocate - Mrs. Smita Singh)
Versus
1. Union of India through Secretary, Ministry of Railway, 256-A,
Rail Bhawan, Raisina Road, Rajpath Area Central Secretariate, New
Delhi - 110001.
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2. Ministry of Railway through Chairman Railway Board, 21, Rail
Bhawan, Ministry of Railways, Rafi Marg, New Delhi - 110001.
3. Divisional Railway Manager (P), West Central Railway (WCR),
Jabalpur (M.P.) - 482001.
4. The General Manager, West Central Railway, Jabalpur M.P. -
482001.
- Respondents
(By Advocate -Shri D.S. Baghel)
8. ORIGINAL APPLICATION NO.200/694/2024
1. Rohit Bilthariya, S/o Narendra Kumar Bilthariya, aged 29 years,
R/o Gram Badarwar, Tehsil Devendranagar, Distt. Panna, MP -
488333.
2. Kundan Singha Bagri, S/o Lallan Prasad Bagri aged 39 years, R/o
- Gram Nunahi Tehsil Devendranagar, Distt. Panna, MP - 488333.
3. Sunil Kumar Bilthariya, S/o Arun Bilthariya, aged 29 years, R/o
Gram Nunahi Tehsil Devendranagar, Distt. Panna, MP - 488333,
Occupation - Unemployed, Mob. No. - 7828737396, Email - NA.
-Applicants
(By Advocate - Mrs. Smita Singh)
Versus
1. Union of India through Secretary, Ministry of Railway, 256-A,
Rail Bhawan, Raisina Road, Rajpath Area, Central Secretariate, New
Delhi - 110001.
2. Ministry of Railway through Chairman, Railway Board 21, Rail
Bhawan, Ministry of Railways, Rafi Marg, New Delhi - 110001.
3. Divisional Railway Manager (P), West Central Railway (WCR),
Jabalpur (M.P.) - 482001.
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4. The General Manager, West Central Railway, Jabalpur, M.P. -
482001.
- Respondents
(By Advocate -Shri P.K. Chaurasia)
9. ORIGINAL APPLICATION NO.200/222/2023
Shailendra Singh Rathiya, aged 31 years, S/o Shri Bhagirath Singh
Rathiya, R/o New Basti, Toriya Mohalla, Chhatarpur, Distt -
Chattarpur, M.P. - 471001.
-Applicant
(By Advocate - Shri Govind Patel)
Versus
1. Union of India through General Manager, W.C. Railway, Jabalpur
(M.P.) 482001.
2. Sr. Divisional Personal Officer, (DRM Office), W.C. Railway,
Jabalpur (M.P.) 482001.
3. Principal Chief Personal Officer, H.Q. Jabalpur Zone - Jabalpur
(M.P.) - 482001
- Respondents
(By Advocate -Shri D.S. Baghel)
10. ORIGINAL APPLICATION NO.200/137/2021
Bhanu Pratap Singh, S/o Santosh Singh Rajput, Age - 21 years, R/o
Ward No.4, Mata Mohalla, Shankar Lal Gali, Mungaoli, Distt.
Ashok Nagar (M.P.) - 473443.
-Applicant
(By Advocate - Shri Ratnesh Patel)
Versus
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1. Union of India through General Manager, Western Central
Railway, Indira Market, Jabalpur (M.P.) - 482001.
2. The Chairman of Indian Railway Board, Rail Bhawan, Raisena
Marg, New Delhi - 110001.
3. Divisional Railway Manager, Paschim Madhya Railway, Karmik
Shakha, Bhopal 462026.
- Respondents
(By Advocate -Shri A.P. Khare)
(Date of reserving order : 24.06.2025)
ORDER
By Akhil Kumar Srivastava, JM;
The applicants in these bunch of Original Applications are aggrieved that they have not been offered appointment in lieu of the land acquired by the respondents.
2. The issue involved in all these OAs are common in nature and, therefore all these OA are decided by way of a common order. While the case of rest of the applicants has been rejected on the ground that the policy dated 11.11.2019 does not provide for employment assistance, the case of applicant in OA No.221/2023 has been rejected on the ground of overage; case of applicant No.4 in OA No.1103/2023 being minor; applicants Nos.1 & 2 in OA No.612/2024 are overage whereas applicant No.4 has not submitted any application for employment assistance; applicants Nos.1 & 2 Page 13 of 18 ANUPAM2025.08.18 10:57:20 MISHRA +05'30' 14 OA 200/160/2023 & other connected OAs have passed 10th class from unrecognized Board and the applicant No.3 is 7th pass only.
3. The brief facts of these cases are that the Railway Board has issued a Policy dated 16.07.2010 providing that the employment assistance shall be provided to the land losers whose lands are acquired by the Railways for their project. The land of the applicants was acquired by the respondents after issuance of the said instructions dated 16.07.2010. Therefore, as per the policy dated 16.07.2010, the applicants are entitled for employment assistance upon acquisition of their land. However, subsequently, the Railway Board formulated a new policy dated 11.11.2019 providing that no job shall be granted to the land loser but only compensation shall be granted. But, Para 5 of the Policy itself provides that the said policy shall be effective from the date of issue of the letter and since the land was acquired prior to issuance of the said policy decision, the same shall not be applicable.
4. The respondents have stated in their reply that as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act' for brevity), there is no provision to grant Page 14 of 18 ANUPAM2025.08.18 10:57:20 MISHRA +05'30' 15 OA 200/160/2023 & other connected OAs employment. The provisions of 2013 Act related to the determination of compensation in accordance with the First, Second and Third Schedules of the 2013 have become applicable to all cases of land acquisition under the Railways Act 1989 also, which means that irrespective of whether land acquisition for Railway projects is done through Railways Act 1989 after declaring it as a Special Railway Project or through 2013 Act through State Governments, determination of compensation shall be in accordance with the First, Second and Third Schedules of the 2013 Act. The modalities for the implementation of serial No.4 of the 2 nd schedule of the 2013 Act were examined by the Ministry of Railways and it has been decided that earlier policy of offering appointment in Railways to affected land losers is withdrawn and circular issued in this regard stands superseded vide RBE No.193/2019 dated 11.11.2019. In these cases, the acquisition of portion of the land is made under the 2013 Act.
5. We have heard learned counsel for the parties and perused the pleadings and the documents placed on record.
6. The first issue involved in these Original Applications regarding applicability of Railway Board's instructions dated Page 15 of 18 ANUPAM2025.08.18 10:57:20 MISHRA +05'30' 16 OA 200/160/2023 & other connected OAs 11.11.2019 has already been considered and decided by this Tribunal in Original Application No.200/275/2021 on 23.03.2022. The operative paragraph of the order 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 (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.
7. In view of the above, this Original Application is allowed and the impugned communications (Annexure A-6 collectively) are quashed and set aside. The respondents are directed 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."
7. A similar view was also taken by this Tribunal in Original Application No.200/843/2021 decided on 08.04.2022 and the order of this Tribunal was also affirmed by the Hon'ble High Court of Chhattisgarh, Bilaspur in WPS No.5804 of 2022 decided on 23.09.2022 observing as under:
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ANUPAM2025.08.18 10:57:20 MISHRA +05'30' 17 OA 200/160/2023 & other connected OAs "11. A perusal of the said policy would go to show that irrespective of whether the land acquisition for railway projects was done through the Railways Act, 1989 after declaring it as Special Railway Project or through State Governments, determination of compensation shall be made in accordance with the First, Second and Third Schedules of the Act of 2013 and accordingly, the policy of offering appointment in Railways to affected land losers was withdrawn and circulars issued in that regard were superseded.
12. Clause 5 of the policy, however, makes it amply clear that the new policy shall be effective from the date of the issue of the letter.
Therefore, there is no manner of doubt that the earlier policy which was withdrawn continued to remain in force till issuance of the notification dated 11.11.2019"
8. Therefore, so far as the case of those applicants rejected on the ground of issuance of Railway Board's instructions dated 11.11.2019, this issue has already been decided by this Tribunal, which has also been affirmed by the Hon'ble High Court of Chhattisgarh, Bilaspur in WPS No.5804 of 2022 (supra). Even if the Hon'ble High Court of Madras in W.P. Nos.28805 to 28808 of 2017 had taken contrary view in this matter but we have no other option but to concur with the decision of our jurisdictional High Court. Therefore, we direct the respondents to reconsider the case of such applicants for employment assistance in view of the observations made hereinabove and if they are otherwise eligible issue necessary orders in this regard within a period of three months from the date of receipt of a copy of this order.Page 17 of 18
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9. As stated in Para 2 of this order, those applicants who do not meet the requisite eligibility criteria (either minor or overage at the time of consideration of their cases or not even 10th pass) shall not be entitled for employment assistance irrespective of the fact that their land was acquired prior to issuance of policy dated 11.11.2019. Similarly, applicant No.4 in OA No.612/2024 is also not entitled who has not even applied for employment assistance before the Railways. Moreover, as per his age mentioned in the OA, he also appears to be overage. The respondents are also directed to reconsider the case of applicant No.3 in OA No.612/2024, whose case has not been rejected any of the grounds mentioned above and if she is otherwise eligible, pass necessary order within 90 days from the date of receipt of a copy of this order.
10. With these observations, all these Original Applications are disposed of. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am
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