Chattisgarh High Court
Union Of India vs Shubham Sandel on 14 July, 2022
Bench: Arup Kumar Goswami, Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4882 of 2022
1. Union of India Through The General Manager, South East Central
Railway, Bilapur, District Bilaspur (C.G.) 495004
2. The Divisional Railway Manager South Eastern Central Railway,
Bilaspur, District - Bilaspur (C.G.) Pin 495004
3. The Senior Divisional Personal Officer South East Central Railway,
Bilaspur, Dsitrict - Bilaspur - 495004
4. The Chief Administrative Officer (Const.) Personal Section, South
East Central Railway, Bilaspur (C.G.) - 495001
5. The Deputy Chief Engineer (Const.) South East Central Railway,
Chhindwada, District - Chhindwada (Mp) - 481001
6. The Executive Engineer (Const.) South East Central Railway,
Chhindwada, District - Chhindwada (Mp) - 481001
7. The Divisional Personal Officer Officer Of The Sr. Divisional
Personal Officer, South East Central Railway
---- Petitioners
Versus
1. Shubham Sandel S/o Shri Sadashiv Sandel Aged About 26 Years
R/o Priyadarshini Colony, Berdi Road, Gujarkhedi, Tehsil Saunshar,
District - Chhindwada (M.P) - 481001
2. The Land Acquisition Officer Saunshar Chhindwada, District
Chhindwada (MP) - 481001
---- Respondents
(Cause-title taken from Case Information System) For Petitioners : Mr. Ramakant Mishra, Assistant Solicitor General Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per Arup Kumar Goswami, Chief Justice 14.07.2022 Heard Mr. Ramakant Mishra, learned Assistant Solicitor General for the petitioners.
2. This petition is presented against an order dated 07.04.2022 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at 2 Bilaspur (for short, 'CAT') in Original Application No.203/00376/2022, by which the CAT directed the appellants to consider the case of the applicant before the CAT for appointment within a period of three months.
3. The applicant before the CAT is grandson of ancestors, whose lands were acquired for the purpose of diversion of broad-gauge railway route from Nagpur to Chhindwada. The appellants had a policy for giving appointment to sole owner of land or son/daughter/husband/wife of the sole owner, whose land or a portion thereof was acquired for the project.
4. Mr. Mishra submits that this petition is squarely covered by an order of this Court dated 08.04.2022 passed in Writ Petition (S) No.2480 of 2022 and accordingly, he submits that this writ petition may be disposed of in the light of the said order.
5. In the order dated 08.04.2022 passed in Writ Petition (S) No.2480 of 2022, at paragraphs-3 to 6, it was observed as follows :
"3. The applicants before the CAT are grandsons of ancestors, whose lands were acquired for the purpose of extension of broad-gauge railway lines from Nagpur to Chhindwada. The appellants had a policy for giving appointment to sole owner of land or son/daughter/husband/wife of the sole owner, whose land or a portion thereof was acquired for the project.
4. The learned CAT relied on its earlier judgment in case of Yashvant Kumar v. Union of India (Original 3 Application No.203/929/2014), decided on 28.11.2017, which was affirmed by the Division Bench of this Court in Writ Petition (S) No.1349 of 2018 (South East Central Railway and Others v. Yashvant and Others), decided on 03.04.2018, and accordingly, issued the directions as noted hereinabove.
5. It is pointed by Mr. Mishra that against the judgment of this Court dated 03.04.2018 passed in Writ Petition (S) No.1349 of 2018, a Special Leave Petition was filed before the Hon'ble Supreme Court, which is pending consideration.
6. As the Division Bench of this Court in Writ Petition (S) No.1349 of 2018 had held that a grandson was entitled to be appointed on rehabilitation ground due to extension of railway route, we see no good ground to interfere with the order of the learned CAT."
6. In view of the above submission of Mr. Mishra and in view of the order dated 08.04.2022 passed in Writ Petition (S) No.2480 of 2022, the writ petition is, accordingly, dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Parth Prateem Sahu)
Chief Justice Judge
Anu