Chattisgarh High Court
Union Of India vs Tarun Kumar Sahu on 17 August, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5425 of 2022
1. Union of India Through The General Manager, South East Central
Railway Bilaspur, District - Bilaspur (C.G.) 495004
2. Secretary Ministry of Railway Department, Rail Bhawan New Delhi
110011.
3. The Senior Divisional Personal Officer South East Central Railway,
Division Nagpur, Kings Way Nagpur - 440001
4. Assistant Personal Officer South East Central Railway, Division
Nagpur, Kings Way Nagpur - 440001.
---- Petitioners
Versus
1. Tarun Kumar Sahu S/o Shri Ajay Kumar Sahu Aged About 24 Years
Occupation - Labourer, R/o Village Pinddral, Tuniyapani, District -
Mandla (M.P.)
2. Surendra Kumar Pandre S/o Shri Shambhu Lal Pandre Aged About
31 Years Occupation - Labourer , R/o Village Barratola, Pipariya,
District - Mandla (M.P.)
3. Mahulal Uikey S/o Vittulal Uikey Aged About 23 Years Occupation -
Labourer, R/o Village Barratola, Pipariya, District - Mandla (M.P.)
4. Kapil Pal S/o Shri Charanlal Pal Aged About 27 Years Occupation -
Labourer, R/o Village Chorgaun, Tehsil Chaurai, District -Mandla
(M.P.)
5. Sandhya Sahu S/o Shri Kanhaiyalal Sahu Aged About 31 Years
Occupation - Labourer, R/o Ward No. - 15, Nainpur, District -
Mandla (M.P.)
6. Sheikh Shamsher S/o Shri Sheikh Barkat Aged About 23 Years
Occupation - Labourer, R/o Village Dharanchi, Tehsil Nainpur,
District - Mandla (M.P.)
7. Pradeep Kumar Parte S/o Shri Badal Singh Parte Aged About 30
Years Occupation - Labourer, R/o Village Lalpur, Tehsil Nainpur,
District - Mandla (M.P.)
8. Khelansingh Parte S/o Shri Padmsingh Parte Aged About 27 Years
Occupation - Labourer, R/o Village Puttara, Tehsil Nainpur, District -
Mandla (M.P.)
9. Nandlal Parte S/o Shri Joharsingh Parte Aged About 20 Years
Occupation - Labourer, R/o Village Puttara, Tehsil Nainpur, District -
Mandala (M.P.)
2
10. Dev Singh Dhurvey S/o Shri Hemsingh Dhurvey Aged About 21
Years Occupation - Labourer R/o Village Lalpur, Tehsil Nainpur,
District - Mandla (M.P.)
11. Vishal Sahu S/o Shri Keval Sahu Aged About 20 Years Occupation,
Labourer, R/o Chirraidongri, District - Mandla (M.P.)
---- 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 Justice Deepak Kumar Tiwari, Judge
Order on Board
Per Arup Kumar Goswami, Chief Justice
17.08.2022
Heard Mr. Ramakant Mishra, learned Assistant Solicitor General for
the petitioners.
2. This petition is presented against an order dated 14.03.2022
passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit
Sitting at Bilaspur (for short, 'CAT') in Original Application
No.200/00835/2021, 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 Chhindwada -
Nainpur - Mandla broad-gauge rail lines. 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) (Deepak Kumar Tiwari)
Chief Justice Judge
Chandra
