Union Of India vs Manoj Kumar Maravi
2022 Latest Caselaw 5558 Chatt

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                                                                         NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                           WPS No. 4321 of 2022

1.   Union of India Through The General Manager, South East Central
     Railway, New GM Building, Bilaspur (C.G.) 495004

2.   South East Central Railway Through Its Divisional Railway Manager,
     Nagpur Division. Kingsway, Nagpur (MH) 440001

3.   Senior Divisional Personal Officer South East Central Railway, Nagpur
     Division, Kingsway, Nagpur (MH) 440001

                                                                ---- Petitioners

                                   Versus

1.   Manoj Kumar Maravi S/o Shri Rammulal Maravi Aged About 33 Years
     Occupation Labourer, R/o Village Saradol, Tehsil Ghansour, District
     Seoni (M.P.)

2.   Dinesh Kumar Yuvane S/o Shri Kamal Singh Aged About 24 Years
     Occupation Student, R/o Village Padariya, Post Office Shikara, Tehsil
     Ghansour, District Seoni (M.P.)

3.   Mulam Singh Tekam S/o Shri Ranglal Tekam Aged About 36 Years
     Occupation Labourer R/o Village Sujalpar, Post Office Khamariya
     Bazar, Tehsil Ghansour, District Seoni (M.P.)

4.   Leelsingh Parte S/o Shri Gyani Aged About 28 Years Occupation
     Labourer, R/o Village Amoda, Post Office Khamariya Bazar, Tehsil
     Ghansour, District Seoni (M.P.)

5.   Sandeep Kumar Bhagadiya S/o Shri Brajlal Aged About 28 Years
     Occupation Labourer, R/o Village Padariya, Post Office Shikara, Tehsil
     Ghansour, District Seoni (M.P.)

6.   Ku. Preeti Kurram D/o Shri Prahlad Aged About 20 Years Occupation
     Nil, R/o Village Chari, Post Barela Tehsil Ghansour, District Seoni (M.P.)
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7.    Shanakrlal Kumre S/o Shri Vijay Kumar Aged About 20 Years
      Occupation Labourer, R/o Village Chari, Post Barela Tehsil Ghansour,
      District Seoni (M.P.)

                                                               ---- Respondents

(Cause-title taken from Case Information System) ______________________________________________________________ For Petitioners : Mr. Tushar Dhar, Central Government Counsel _____________________________________________________________ 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

06.09.2022

Heard Mr. Tushar Dhar Diwarn, learned Central Government Counsel,

appearing for the petitioners.

2. This petition is presented against an order dated 14.01.2022 passed

by the Central Administrative Tribunal, Jabalpur Bench (for short, 'CAT') in

Original Application Nos. 200/624/2019, 200/625/2019, 200/627/2019,

200/629/2019, 200/630/2019, 200/636/2019 and 200/637/2019, by

which the CAT directed the petitioners 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 grandson/granddaughter of

ancestors, whose lands were acquired for the purpose Gondia-Jabalpur

broad-gauge rail line. The petitioners 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. Diwan 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

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. Diwan 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)                           (Deepak Kumar Tiwari)
                     Chief Justice                                   Judge

Chandra