Central Administrative Tribunal - Allahabad
Raj Kumar vs Dfccil on 5 August, 2024
O.A./421/2022
(Open Court)
Central Administrative Tribunal, Allahabad
***
Original Application No.421 of 2022
th
This the 5 Day of August, 2024.
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
1. Raj Kumar a/a 57 years Son of Late Pardeshi.
2. Shivajag Son of Late Pardeshi
3. Jira Devi Wife of Late Pardeshi
4. Lalmani Son of Munni Lal
5. Vidya Sagar Son of Mewa Lal
6. Nandlal Son of Bodav
7. Ram Narayan Son of Kanhai
8. Shiv Narayan Son of Kanhai
9. Rambali Son of Mishri Lal
10. Raj Narayan Son of Kanhaiyalal.
All Resident of Village Pahadi Bhojpur, Post Pahada,
Tehsil-Sadar, District Mirzapur.
...........Applicants
By Advocate: Shri Sanjay Kumar Singh
Shri S.K. Pandey
Versus
1. The Union of India through Secretary Ministry of Railways, Rail
Bhawan, New Delhi.
2. General Manager, N.C.R. Allahabad.
3. CPIO/ Deputy General Manager, (Admin), Dedicated Freight
Corridor Corporation of India Ltd. 5th Floor, Pragati Maidan
Metro Station Building Complex, New Delhi 110001.
4. SLO/Land Acquisition Officer, Mirzapur.
...Respondents
By Advocate: Shri K.P. Singh
Shri Manoj Kumar Sharma
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O.A./421/2022
ORDER
By Hon'ble Mr. Justice Om Praksh VII, Member (J) Shri S.K Pandey, learned counsel for the applicants and Shri Manoj Kumar Sharma, learned counsel for respondent nos. 1 and 2 as well as Shri K.P. Singh, learned counsel for the respondent nos. 3 and 4, are present.
2. The instant original application has been filed seeking the following relief:
"(I) Issue an order or direction to the respondents to decide the claim of the applicants which is pending before the respondent no.2 (Dedicated Freight Corridor Corporation of India Ltd. (A.P.S.U.) Under Ministry of Railways) for appointment A.S.P.U. under the Ministry of Railways in lieu of land looser on the basis of notification dated 10.01.2011 pursuant to this representation dated 21.01.2022 is pending before the respondent no.2 (Dedicated Freight Corridor Corporation of India Ltd.
(A.P.S.U.) Under Ministry of Railways).
(II) Issue any other suitable order or direction which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case.
(III) Award the costs of the Application in favour of the applicants."
3. Heard learned counsel appearing for both the parties on the point of maintainability.
4. Submission of learned counsel for the applicants is that land belonging to the applicants was acquired under a special rail project by the Dedicated Freight Corridor Corporation of India Ltd. There is a provision for giving employment to one competent member of the family in the Railway Department in lieu of the acquired land as per the Land Acquisition Act. The applicants made several representations but no heed was paid for giving Page 2 of 4 MADHU KUMARI O.A./421/2022 appointments to the applicants. Referring to Annexure No.4, learned counsel for the applicants further argued that there is a specific provision under the Railway Act, 1989 as amended in the year 2004 to give appointment in such cases as that of the present applicants. It is further argued that since the acquisition was made by the Railways Department, thus, present O.A. is maintainable within the territorial jurisdiction of this Tribunal. To substantiate his argument, learned counsel for the applicants referred to the facts disclosed in the O.A. and further requested that the O.A. be admitted and the respondents be directed to file a counter reply.
5. Learned counsel for the respondents states that this O.A. is not maintainable before this Tribunal as Dedicated Freight Corridor Corporation of India Ltd. has not been notified by the Central Government to be dealt with by this Tribunal and it is not included in the Schedule appended with the Administrative Tribunals Act. It is, thus, argued that the O.A. is not maintainable before this Tribunal and if the applicants are aggrieved with the decision of the competent authority, they may approach the appropriate forum for the redressal of their grievances.
6. We have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
7. Before analyzing the submissions raised across the bar, it will be relevant to quote the notification dated 24.04.2014 by the Additional General Manager/ HR, Dedicated Freight Corridor Corporation of India Ltd which is as under:
" References are frequently received from PAPs for providing appointment to one of the family members in terms of Railway Board letter no. E(NG)II/2010/RC-5/1 dated 16.07.2010.
2. In this connection Railway Board vide letter no.2014/Infra/17/5 dated 05.03.2014 has already clarified to North Western Railway that policy of providing appointment to land losers circulated vide Railway Board letter no.E(NG)II/2010/RC-5/1 dated 16.07.2010 is applicable to Railway and Production Units and not to Railway Public Sector Undertakings and hence not applicable to DFCCIL (copy enclosed).Page 3 of 4
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3. References from PAPs on the aforesaid issue may therefore be dealt accordingly without referring the matter to Corporate Office. To maintain uniformity among different project units, if required, the reply may be given on the following lines:-
"Railway Board policy circulated vide letter no. E (NG)II/2010/RC-5/1 dated 16.07.2010 regarding appointment of land losers affected by land acquisition for railway projects is applicable only to Railway/Production Units and not to Railways Public Sector Undertakings (PSUs) and other Units. As such, this policy is not applicable to Dedicated Freight Corridor Corporation of India Limited (DFCCIL) as it is Public Sector Undertaking (PSU)"."
8. The last paragraph of the above quoted notification dated 24.04.2014 itself makes it clear that "As such, this policy is not applicable to Dedicated Freight Corridor Corporation of India Limited (DFCCIL) as it is Public Sector Undertaking (PSU)"." Since DFCCIL has not been notified by the Central Government as required under Administrative Tribunals Act and as the notification dated 24.04.2014 specifically makes it clear that DFCCIL is a Public Sector Undertaking, thus, the submission raised on behalf of the applicant regarding maintainability of the present O.A. before this Tribunal is not acceptable. Accordingly, the present Original Application is dismissed as not maintainable before this Tribunal.
9. All associated MAs also stand disposed of. No costs.
(Mohan Pyare) ( Justice Om Prakash VII)
Member (A) Member (J)
Madhu
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