Central Administrative Tribunal - Kolkata
Kabi Bar vs South Eastern Railway on 12 December, 2024
1 O.A./350/1805/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1805/2024
MA/1176/2024
Date of Order: 12.12.2024.
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Rajinder Singh Dogra, Judicial Member
1) Kabi Bar, son of Trilochan Bar,
2) Trilochan Bar, son of Kangal Bar,
both are residing at Village- Banasrigouri, Post
Office- Akandabari, Police Station- Nandigram, -
Purba Medinipur, Pin-721631.
....Applicants.
Vs.
1. The Union of India, through the General
Manager, South Eastern Railway, Garden Reach,
Kolkata 700043.
2. The Senior Divisional Personnel Officer, South
Eastern Railway, Kharagpur, P.O. Kharagpur,
District-Paschim Code No.721301. Medinipur, Pin
3. The Secretary, Ministry of Railway, Govt. of
India, Rail Bhawan, New Delhi-110001.
4. The Competent Authority, Deshapran
Nandigram Special Railway, Near Kanthi Railway
Station, P.O.Contai, District-Purba Medinipur, Pin
Code No.721401.
..........Respondents
For the Applicant : Mr. P C Das; Proxy Counsel
For the Respondents : None
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2024.12.30 15:56:35+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1805/2024
O R D E R (O R A L)
Per: Hon'ble Mr. Rajinder Singh Dogra, Member (J):
1. Ld Proxy Counsel Mr. P C Das appears on behalf of Mr. B C Manna, Ld Counsel for the applicants.
2. Heard.
3. The applicants have 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 or any other suitable post as per qualification of the candidate 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 Deshapran Nandigram Special Railway Project after having the same de-requisitioned in accordance with law and to put the applicant in the khas possession thereof, If in fact the railway administration is not in a position to-run the Deshapran Nandigram Special Railway Project due to paucity of fund and other administrative constraints.
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. MA/1176/2024 filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein. The applicants are accordingly allowed to pursue the remedy jointly. MA/1176/2024 accordingly stands allowed, subject to payment of individual Court fees.
5. Ld Proxy Counsel for the applicants submits that the land of the applicants was acquired by the Railways for Deshpran-Nandigram Special Railway Project. In this regard a land loser certificate was issued in favour of the Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2024.12.30 15:56:35+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1805/2024 applicants. Thereafter, as per Railway Board's Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicants had made an application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, they were not granted the same. Being aggrieved with the same the applicant no. 1 had made a representation dtd. 13.08.2024 before the respondents/ competent authority. However, the said representation has not been considered till date. Being aggrieved with the same the applicants have approached this Tribunal and have filed the present OA.
6. Ld Proxy Counsel for the applicants submits that it would suffice his purpose if an order is 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. 16.08.2021 passed by the Hon'ble High Court at Calcutta in WPCT 31 of 2021 in the case of Krishnendu Garu Vs. Union of India & Ors. as well as in light of the judgment dtd. 11.05.2023 passed by the Hon'ble High Court at Calcutta in WPCT 88 of 2023 in the case of Buddhadev Senapati & Ors. Vs. Union of India & Ors.
7. In view of the above, we direct the respondents/competent authority to consider the pending representation of the applicants dtd. 13.08.2024, treating this OA as a part of it and in light of the judgment dtd. 16.08.2021 passed by the Hon'ble High Court at Calcutta in WPCT 31 of 2021 (supra) as well as in light of judgment dtd. 11.05.2023 passed by the Hon'ble High Court at Calcutta in WPCT 88 of 2023 (supra) and to communicate the decision to the applicants, by way of a reasoned, speaking order within a period of 06 weeks from the date of receipt of certified copy of this order. Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2024.12.30 15:56:35+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1805/2024
8. 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.
9. Accordingly, the OA is disposed of at admission stage. No costs.
(Mr. Rajinder Singh Dogra) (Mr. Anindo Majumdar)
Member (J) Member (A)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2024.12.30 15:56:35+05'30' Foxit PDF Reader Version: 2024.3.0