Central Administrative Tribunal - Kolkata
Arnab Kumar Bar vs South Eastern Railway on 25 June, 2025
1 o.a. 706 of 25
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/706/2025 Date: 25.06.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Arnab Kumar Bar, son of Bhim Charan Bar, residing at
Village- Banasrigouri, P.O. Akandabari, P.S. Nandigram,
District- Purba Medinipur, Pin- 721650.
.........Applicants
-Versus-
1. Union of India service through the General Manager,
South Eastern Railway, Garden Reach Road, Kolkata -
700043.
2. The Senior Divisional Personnel Officer, South Eastern
Railway, Kharagpur P.O. Kharagpur, District- Paschim
Medinipur, West Bengal-721301.
3. The Secretary, Ministry of Railway, Govt. of India, Rail
Bhawan, New Delhi- 110001.
3. The Competent Authority, Deshpran-Nandigram Special
Railway, Near Kanthi Railway Station, P.O. Contai, District-
Purba Medinipur, Pin -721401.
........Respondents
For the Applicant : Mr. B. C. Manna, Counsel
Ms. M. Seth, Counsel
For the Respondents : Mr. S. Banerjee, Counsel
Digitally signed by Pampa Nandi
Debnath
DN: C=IN, O=Personal, T=1575,
OID.2.5.4.65=
133596280922834876S4dj74l44OO
h8c, Phone=
Pampa feef9776669c46fe6184e820dd910d
d7d01593942dd0b54986bb0e3896
815227, PostalCode=700131, S=
Nandi West Bengal, SERIALNUMBER=
965e50cc3fa0709cded2168635dee
2247261f62bbbc47678dd5cb72a13
Debnath 3ee6b9, CN=Pampa Nandi Debnath
Reason: I am the author of this
document
Location:
Date: 2025.07.07 15:44:25-07'00'
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2 o.a. 706 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):-
"(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.
(b) To forthwith return the land of the applicant acquisitioned for the purpose of Deshpran-Nandigram Special Railway Project after having the same de-requisitioned in accordance with law and to put the applicant in the khas possession thereof in respect of the said land until employment the applicant as a land loser candidate.
(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 applicant submits that the land of the applicant 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 applicant had made 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 had made a representation dtd. 18.12.2024 (Annexure A/7) before the respondents/ competent authority. However, the said representation has not been considered till date. Being aggrieved with the same the applicant has approached this Tribunal and has filed the present OA.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44OO h8c, Phone= Pampa feef9776669c46fe6184e820dd910d d7d01593942dd0b54986bb0e3896 815227, PostalCode=700131, S= Nandi West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee 2247261f62bbbc47678dd5cb72a13 Debnath 3ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.07.07 15:44:25-07'00' Foxit PDF Reader Version:
2024.4.0 3 o.a. 706 of 25
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. In view of the above, we direct the respondents/competent authority to consider the pending representation of the applicant dtd. 18.12.2024, 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 three months from the date of receipt of certified copy of this order
7. 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.
8. Accordingly, the OA is disposed of at admission stage.
(Suchitto Kumar Das) (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= 133596280922834876S4dj74l44OO h8c, Phone= Pampa feef9776669c46fe6184e820dd910d d7d01593942dd0b54986bb0e3896 815227, PostalCode=700131, S= Nandi West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635dee 2247261f62bbbc47678dd5cb72a13 Debnath 3ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location: Date: 2025.07.07 15:44:25-07'00' Foxit PDF Reader Version: 2024.4.0 4 o.a. 706 of 25