Central Administrative Tribunal - Jabalpur
Sharad Yadav vs South East Central Railway on 12 August, 2025
1 OA 200/786/2023 & other connected OAs
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/786/2023 & 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.200/786/2023
Praveen Kumar Pandey, S/o Anirudh Kumar Pandey, aged about 29
years, Occupation - Agriculturist, R/o - Village Badha Gaon Tehsil
Devendranagar, District - Panna - 488001.
-Applicant
(By Advocate - Shri Vijay K Pandey)
Versus
1. Union of India through the General Manager, Ministry of Railway,
West Central Railway, Indra Market, Jabalpur (M.P.) - 482001.
2. The Senior Divisional Personnel Officer, West Central Railway,
Jabalpur, District - Jabalpur (M.P.) - 482001.
- Respondents
(By Advocate -Shri D.S. Baghel)
2. ORIGINAL APPLICATION NO.200/316/2024
Ramratan Gwalwanshi, S/o Late Danjiram Gwalwanshi, aged about
48 years, Occupation Unemployed, R/o Village Pipardahi, Post
Pipardahi, P.S. Lakhanwada, Tehsil Seoni and District Seoni (MP) -
480661.
-Applicant
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(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
3. ORIGINAL APPLICATION NO.200/1146/2024
Arti Singh, aged about 27 years, W/o Shri Dalveer Singh,
Occupation - Unemployed, Resident of Village & Post Teekat Kala,
Tahsil - Churhat, District - Sidhi, Madhya Pradesh (486661)
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
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3. Collector, Sidhi, District Sidhi, M.P. - 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District Sidhi, M.P. - 486661.
(By Advocate -Shri P.K. Chaurasia for respondents Nos.1 & 2)
4. ORIGINAL APPLICATION NO.200/325/2024
Shashank Wadiva, S/o Shri Shrawan Kumar Vadiva, aged about
Adult, Occupation Unemployed, R/o Village Barelipar Mall, Distt.
Seoni and District Seoni (MP) - 480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
5. ORIGINAL APPLICATION NO.200/322/2024
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Durgesh Sahu, S/o Shri Rajkumar Sahu, aged about 32 years,
Occupation : Unemployed, R/o Village Miragpur, Tehsil Khairlanji
and District Balaghat (MP) - 481001.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
6. ORIGINAL APPLICATION NO.200/1170/2024
Dalpati Singh, aged about 35 years, S/o Shri Akhilesh Pratap Singh,
Occupation - Unemployed, Resident of Village & Post Teekat Kala,
Tahsil - Churhat, District - Sidhi, M.P. - 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
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1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. - 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
(By Advocate - Shri D.S. Baghel)
7. ORIGINAL APPLICATION NO.200/320/2024
Ajay Yadav, S/o Late Ghudanlal Yadav, aged about 36 years,
Occupation Unemployed, R/o Ambedkar Ward, Near Tube Well,
Mohalla Lalmatiya, District Seoni (MP) - 480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
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- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
8. ORIGINAL APPLICATION NO.200/1151/2024
Sapna Singh, aged about 28 years, D/o Shri Anant Pratap Singh,
Occupation - Unemployed, Resident of Village & Post Teekat Kala,
Tahsil - Churhat, District - Sidhi, M.P. 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
- Respondents
(By Advocate -Shri N.K. Mishra)
9. ORIGINAL APPLICATION NO.200/1148/2024
Lal Bahadur Singh, aged about 27 years, S/o Shri Vimal Kumar
Singh, Occupation - Unemployed, Resident of Village & Post
Teekat Kala, Tahsil - Churhat, District - Sidhi, M.P. - 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
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1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
- Respondents
(By Advocate -Shri Satyendra Kumar Patel)
10. ORIGINAL APPLICATION NO.200/1086/2022
Amit Kumar Singh Patel, aged about 24 years, S/o Shri Hariom
Patel, Occupation Agriculturist, Resident of Village Tekuaa, Thana
Chorhata, Tehsil Huzur, District Rewa, M.P.
-Applicant
(By Advocate - Shri Arun Kumar Singh)
Versus
1. Union of India through the General Manager, West Central
Railway, GM's Office, Personal Department, Jabalpur, Madhya
Pradesh - 482001.
2. The Sr. Divisional Personal Officer, West Central Railway,
Personal Department, Divisional Manager Office, Jabalpur, M.P. -
482001.
3. The Principal Chief Personal Officer, West Central Railway,
Jabalpur, M.P. - 482001.
4. The Assistant Personal Officer (Recruitment), Office of Principal
Chief Personal Officer, West Central Railway, Jabalpur, M.P. -
482001.
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5. The Sub-Divisional Officer (Revenue)/Land Acquisition Officer,
Tehsil - Huzur, District - Rewa, M.P. - 486001.
- Respondents
(By Advocate -Shri N.K. Mishra)
11. ORIGINAL APPLICATION NO.200/1169/2024
Martand Singh, aged about 28 years, W/o Shri Awdhoot Singh,
Occupation - Unemployed, Resident of Village & Post Teekat Kala,
Tahsil Churhat, District Sidhi, M.P. 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. - 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
- Respondents
(By Advocate -Shri P.K. Chaurasia)
12. ORIGINAL APPLICATION NO.200/1167/2024
Smt. Kamla Singh, aged about 41 years, W/o Shri Akhilesh Pratap
Singh, Occupation - Unemployed, Resident of Village & Post
Teekat Kala, Tahsil Churhat, District Sidhi, M.P. - 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
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1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. - 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
- Respondents
(By Advocate -Shri N.K. Mishra)
13. ORIGINAL APPLICATION NO.200/1147/2024
Nidhi Singh, aged about 26 years, D/o Shri Arun Pratap Singh,
Occupation - Unemployed, Resident of Village & Post Teekat Kala,
Tahsil - Churhat, District - Sidhi, Madhya Pradesh - 486661.
-Applicant
(By Advocate - Shri Rakesh Dwivedi)
Versus
1. Union of India through General Manager, West Central Railway,
Indira Market, Jabalpur - 482001.
2. West Central Railway through its General Manager, Personnel
Department, Jabalpur, M.P. - 482001.
3. Collector, Sidhi, District Sidhi, M.P. - 486661.
4. Sub Divisional Officer-cum-Land Acquisition Officer, Churhat,
District - Sidhi, M.P. - 486661.
- Respondents
(By Advocate -Shri P.K. Chaurasia)
14. ORIGINAL APPLICATION NO.200/314/2024
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Sharad Yadav, S/o Late Shri Krishna Kumar Yadav, aged about 34
years, Occupation - Unemployed, R/o Kali Chowk, Tegore Ward,
Tehsil and District Seoni (MP) - 480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
15. ORIGINAL APPLICATION NO.200/315/2024
Bharatlal Sanodiya, S/o Late Shri Deenadayal Sanodiya, aged about
46 years, Occupation - Unemployed, R/o Village Pipardahi Post
Pipardahi, P.S. Lakhanwada, Tehsil Seoni and District Seoni (MP) -
480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
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Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
16. ORIGINAL APPLICATION NO.200/317/2024
Durgesh Kumar Yadav, S/o Shri Shivdayal Yadav, aged about 43
years, Occupation Unemployed, R/o Village Khairapalari, Tehsil
Kewlari and District Seoni (MP) - 470666.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
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3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
17. ORIGINAL APPLICATION NO.200/318/2024
Gaurav Sahu, S/o Rajkumar Sahu, aged about 52 years, Occupation
Unemployed, R/o Katangi Road, Seoni Sahid Ward, District Seoni
(MP) - 480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
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6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
18. ORIGINAL APPLICATION NO.200/321/2024
Manish Malvi, S/o Shri Ramnath Malvi, aged about 29 years,
Occupation Unemployed, R/o Katangi Road, Dream Line City,
Vivekanand Ward, Jaiswal Colony, District Seoni (MP) - 480661.
-Applicant
(By Advocate - Shri Nishant Patel, proxy counsel of Ms.
Premlata Lokhande)
Versus
1. Union of India through General Manager, South East Central
Railway, Bilaspur (CG) - 482004.
2. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Bilaspur (CG) 495001.
3. The Deputy Chief Personal Officer (Construction), South East
Central Railway, District - Nagpur (MH) - 440001.
4. Deputy Chief Engineer (Construction), South East Central
Railway, Nainpur, District - Mandla (MP) 306104.
5. Collector, Seoni, District Seoni (MP) 480661.
6. Sub-Divisional Officer (R)/Land Acquisition Officer, Seoni,
District Seoni (MP) 480661.
- Respondents
(By Advocate -Shri D.S. Baghel for respondents Nos.1 to 4)
(Date of reserving order : 24.06.2025)
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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 is regarding applicability of instructions issued by the Railway Board dated 11.11.2019 and whether these instructions would not apply in those cases where the land was acquired prior to 11.11.2019. Since this issue in all these Original Applications is common in nature and, therefore all these OAs are decided by way of a common order.
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 Page 14 of 18 ANUPA 2025.08.14 M 12:55:22 MISHRA +05'30' 15 OA 200/786/2023 & other connected OAs 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 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 Page 15 of 18 ANUPA 2025.08.14 M 12:55:22 MISHRA +05'30' 16 OA 200/786/2023 & other connected OAs 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 issue involved in these Original Applications regarding applicability of Railway Board's instructions dated 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 Page 16 of 18 ANUPA 2025.08.14 M 12:55:22 MISHRA +05'30' 17 OA 200/786/2023 & other connected OAs 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:
"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. Since 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), we direct Page 17 of 18 ANUPA 2025.08.14 M 12:55:22 MISHRA +05'30' 18 OA 200/786/2023 & other connected OAs the respondents to reconsider the case of the 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.
9. 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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