Union Of India vs Shyam Singh
2022 Latest Caselaw 5731 Chatt

                                      1

                                                                      NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                           WPS No. 5837 of 2022

1.    Union of India Through The General Manager, Sec Railway, New Gm

      Building, Bilaspur Chhattisgarh 495004

2.    The Sr. Divisional Personnel Officer, Sec Railway, Bilaspur Division,

      Drm's Office, Bilaspur Chhattisgarh 495004

3.    The Chief Project Manager, Rail Vikas Nigam Limited Project Office ,

      Block No. 5, Maruti Business Park, G.E. Road, Raipur- 492013

      Chhattisgarh.

                                                             ---- Petitioners

                                   Versus

Shyam Singh S/o Shri Prem Singh Aged About 30 Years R/o Village

Patarkoni, Ps Gourella, Tehsil - Pendra Road, District Gourella-Pendra-

Marwahi Chhattisgarh.

                                                            ---- Respondent

(Cause-title taken from Case Information System)

For Petitioners : Mr. Keshav Prasad Gupta, Central Government Counsel.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Deepak Kumar Tiwari, Judge

Order on Board

Per Arup Kumar Goswami, Chief Justice

13.09.2022

Heard Mr. Keshav Prasad Gupta, learned Central Government

counsel, appearing 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

Bilaspur (for short, 'CAT') in Original Application No.203/361/2021, by which

the CAT directed the petitioners 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 a person, whose lands

were acquired for the purpose of double track project from Salka Road to

Anuppur. The appellant 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. Prasad 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



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