Union Of India vs Susheel Kumar Uikey
2022 Latest Caselaw 5892 Chatt

                                       1


                                                                        NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                            WPS No. 5969 of 2022

1.    Union of India Through Its General Manager, South East Central
      Railway Pin 495004, District : Bilaspur, Chhattisgarh

2.    South East Central Railway Through Its Divisional Railway Manager,
      Division Nagpur, Kings Way Pin 440001

3.    Senior Divisional Personal Officer South East Central Railway, Division
      Nagpur, Kings Way Pin 440001

                                                               ---- Petitioners

                                    Versus

Susheel Kumar Uikey S/o Shri Dinesh Kumar Uikey Aged About 25 Years
Occupation Labourer, R/o Village Sarasdol, Tehsil Ghansour, District : Seoni,
Madhya Pradesh

                                                             ---- Respondent

(Cause-title taken from Case Information System) ______________________________________________________________ For Petitioners : Mr. Ramakant Mishra, Deputy 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

20.09.2022

Heard Mr. Ramakant Mishra, learned Deputy Solicitor General,

appearing for the petitioners.

2. This petition is presented against an order dated 22.04.2022 passed

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

Original Application No. 200/605/2019, 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 ancestor, whose land was

acquired for the purpose of conversion of Jabalpur Gondia Narrow gauge line

to Broad-gauge 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. 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 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. 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)                           (Deepak Kumar Tiwari)
                     Chief Justice                                   Judge



Chandra