Union Of India vs Ranjeet Kumar
2022 Latest Caselaw 4886 Chatt

                                      1

                                                                      NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR
                         WPS No. 5158 of 2022
1.    Union of India Through The General Manager, South East Central
      Railway Bilaspur, District - Bilaspur (C.G.) 495004

2.    Senior Divisional Personal Officer South East Central Railway,
      Division Nagpur, Kings Way Nagpur - 440001

                                                             ---- Petitioners

                                   Versus

Ranjeet Kumar S/o Shri Braj Lal Aged About 22 Years Occupation -
Unemplyed, R/o Village - Katorimall, P.O. Shiakra, Tehsil - Ghansor,
District - Seoni (M.P.) - 480497

                                                          ---- Respondent

(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

29.07.2022

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, Jabalpur

(for short, 'CAT') in Original Application No.203/289/2020, 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 Gondia-Jabalpur broad-gauge rail

line. 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 view of the above submission, defects pointed out by the

Registry, are not required to be rectified.

6. 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 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. 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