Chattisgarh High Court
Union Of India vs Shishupal Gaurkhede on 8 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2480 of 2022
1. Union of India Through General Manager South East Central
Railway Bilaspur, District- Bilaspur, Chhattisgarh. Pin- 495004
2. Divisional Railway Manager South East Central Railway Bilaspur,
District- Bilaspur, Chhattisgarh.
3. Chief Administrative Officer (Con) Personal Branch, South East
Central Railway, Bilaspur, District- Bilaspur, Chhattisgarh Pin-
495004
4. Deputy Chief Administrative Officer (Con) Personal Branch, South
East Central Railway, Bilaspur, District- Bilaspur, Chhattisgarh Pin-
495004
5. Senior Divisional Personnel Officer South East Central Railway
Bilaspur, District- Bilaspur, Chhattisgarh. Pin- 495004
6. Divisional Personnel Officer Personnel Department, Kingsway
South East Central Railway Nagpur, Maharashtra. Pin 440001
---- Petitioners
Versus
1. Shishupal Gaurkhede S/o Dhanraj Gaurkhede Aged About 28 Years
R/o Bhichhua Baggu, Ward No.1, Ambedkar Chowk, Post- Devi,
Tehsil Sausar, District- Chhindwada Madhya Pradesh Pin-480106
2. Nijam Pathan S/o Ismail Pathan Aged About 32 Years R/o Ward
No.15, Gajanand Colony, Police Station/post Office Sausar, District-
Chhindwada, Madhya Pradesh. Pin-480106
3. Rajat Dhunde S/o Keshav Dhunde Aged About 25 Years R/o
Shivam Colony, Belgaon, Sausar Ward No.15, Tehsil-Sausar, Post
Office Sawali, District- Chhindwada, Madhya Pradesh. Pin- 480106
4. Rajesh S/o Late Indra Kumar Aged About 24 Years R/o Gwara,
Post Office- Saranggihari, Police Station And Tehsil- Mohkhed,
District- Chhindwada, Madhya Pradesh. Pin- 480107
5. Manish Raut S/o Nathulal Raut Aged About 26 Years R/o Village
And Post- Devi, Tehsil- Sausar, District- Chhindwada, Madhaya
Pradesh. Pin- 480106
6. Indrajeet Manote S/o Shrawan Manote Aged About 30 Years R/o
Bhimalgondi, Tehsil- Bhichhua, District- Chhindwada, Madhya
Pradesh. Pin- 480106
7. Lalit Dhurve S/o Annalal Dhurve Aged About 21 Years R/o
Mohpanimal, Post Office Bhimalgaondi, Tehsil- Bhichhua, District-
Chhindwada, Madhya Pradesh. Pin- 48106
8. Yogesh Marskole S/o Mahetial Marskole Aged About 22 Years R/o
Village Bhandarkund, Post Office Umranala, Tehsil- Mohkhed,
District- Chhindwada, Madhya Pradesh. Pin- 48106
9. Shubham Chatap S/o Chandrabhan Chatap Aged About 24 Years
R/o Post Office Kabarpipla, Tehsil- Sausar, District- Chhindwada,
Madhya Pradesh. Pin- 48106
10. Hitesh Sahare S/o S/o Kailash Sahare Aged About 20 Years R/o
Plot No. 17, Nalanda Nagar, Nari Road, Near Bharat Gas Godown,
2
District- Nagpur, Maharashtara. Pin- 440026
11. Jeevan Ramteke S/o Late Nirmal Das Ramteke Aged About 23
Years R/o Bichhua Boggu, Ward No.1, Police Station And Tehsil-
Sausar, District- Chhindwada, Madhya Pradesh. Pin- 480106
---- 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 Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
08.04.2022
Heard Mr. Ramakant Mishra, learned Assistant Solicitor General for
the petitioners.
2. This petition is presented against an order dated 04.01.2022
passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit
Sitting at Bilaspur (for short, 'CAT') in Original Application
No.203/00276/2020, by which the CAT directed the appellants to
consider the case of the applicants before the CAT for appointment within
a period of three months.
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 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.
7. The writ petition is, accordingly, dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Anu
