Central Administrative Tribunal - Kolkata
Tapas Kumar Panda vs South Eastern Railway on 23 December, 2022
# 1 0.a. 1831 of 22 & Ors. ieee nae aid cM TSE me CENTRAL ADMINISTRATIVE TRIBUNAL Wane eva KOLKATA BENCH BE os ae i | KOLKATA 2 nt ee Date of Order: 23.12.2022 Coram: Hon'bile Mr. Jayesh V. Bhairavia, Judicial Member Hon'ble Mr. Suchitto Kumar Das, Administrative Member 1. 0A/350/1831/2022 MA/350/730/2022 TAPAS KUMAR PANDA -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. B. Bhushan) (Advocate for Respondents: None) 2. OA/350/1098/2022 SANCHITA DAS (MAITY) -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. S. Sen) (Advocate for Respondents: Nore) - 3. OA/350/1084/2022 PAPIYA BISWAS MANDAL -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. S. Sen) (Advocate for Respondents: None) 4. OA/350/1489/2022 OMAR ALI KHAN -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. M. K. Das) (Advocate for Respondents: None) 2 o0.a. 1831 of 22 & Ors. 5, O0A/350/822/2022 AMRITA SAMANTA -yS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Ms. R. Halder Ms. J. D. Chakraborty} (Advocate for Respondents: Mr. D. Chowdhury) 6. OA/350/1490/2022 DEBABRATA DAS -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. M. K. Das) (Advocate for Respondents: None) 7, OA/350/1402/2022 MA/350/544/2022 SOURAV KUMAR DAS -VS- SOUTH EASTERN RAILWAY (Advocate for Applicant: Mr. B. Chatterjee) (Advocate for Respondents: None) ORDER(ORAL) Per; Jayesh V. Bhairavia Member (J):
Heard Id. Counsels.
2. As common question of facts and law govern these matters, these cases are being heard out analogously and to be disposed of by this common order.
2.1 For the sake of brevity, facts of OA. No. 350/1831/2022 is being delineated and discussed hereunder:
2.2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:-
"(a) To quash and/or set aside the impugned order no. SER/P-
HQ/Rectt./565/D.N.P/16 dated 16.11.2016 issued by the office of General Manager (P), South Eastern Railway thereby inability to proceed the employment assistant due to paucity of fund and other administrative constrains.
pn"
ceed 0.8 1831 of 22 & Ors.
(B} Mondatory direction upon the General Manager to grant the educational refaxation in favour of the applicant as the applicant is belaw matriculate as the seme relaxation has been conferred to other simifarly circumstance land losers. ib} Direction upon the respondents to consider the representation dated 28.03,2022 in light of the recent administrative decision pertaining to appointment of land loser appointments.
fe } Any other order or orders as this Hon'ble Tribunal may deems fit and proper. «
3. in the instant O.A, the land of the applicant was acquired by the Railway Department fer canstruction of raihway project, namely, Nandigram-Deshpran Special Railway Project. A circular dated 29.12.2014 in RBE No. 4166/2022 with reference to Railway Board's fetter Nos. (i) E(NG)11/2009/RR-1/10/Pt. dt 03.12.10 (Este. SH. No, 18/14), (ii) E(NG)11/2008/SR/SR/15 dt. 17.09.10 (Ett. Srl. No. 159/10) and (fi) E(NG}11/2010/RC-S/1 dt 16.07.10 (Estt. Sri, No. 139/10) was issued by the Railways for appointment of land losers affected by land acquisition for Railway Projects. in terms of such circular, the applicant has submitted representation on 28.03.2022 seeking employment assistance being a land loser for such railway
- project. The said representation is not considered till date. Hance, this O.A..
4. After arguing for some time, Ld. counsel for the applicant would submit that similarly clrcumstanced persons have been granted appointment in the light af the Railway Circular dated 29 12.2014 In RBE No, 166/2022 for appointment of land losers affected by land acquisition for Railway Project, and that he would be satisfied if appropriate direction is issued to the competent authority to consider his representation.
5. Considering the above submission, without expressing any opinion on the merit of the claim of the applicant, we deem it fit to dispase ofthis OA at this stage with a direction upon the respondents to consider the pending representation of a. o.a. 1834 of 22 & Ors.
the applicant, if not already considered, in the light of the Circular referred to herein above, along with the extant rules and policy in vogue as well as various orders passed by this Tribunal and the Hon'ble High Court with respect to identical claims. It is expected that the competent authority shall consider and decide the representation of the applicant expeditiously not later than 90 days from the date of receipt of a copy of this order and the decision thereon be intimated to the applicant forthwith.
6, in view of the above, all the above O. As and M.As stands disposed of.
(Suck (Mr. Jayesh V. Bhairavia) Mernber (A) Member ()}