Geeta Dey vs Union Of India
2023 Latest Caselaw 3661 MP

                                                                       1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                WP No. 3469 of 2023
                                                        (GEETA DEY Vs UNION OF INDIA AND OTHERS)

                                  Dated : 01-03-2023
                                        Shri Abhigya Verma - Advocate for the petitioner.

                                        Shri Pushpendra Yadav - Assistant Solicitor General for the
                                  respondents.

Keeping the preliminary objection intact that petition will lie before the Central Administrative Tribunal as petitioner is seeking appointment in lieu of

acquisition of his land measuring 0.011 hectare as is mentioned in the impugned order Annexure-P/1 and in light of the Judgment of Hon'ble Supreme Court in the case of Anil Kumar Vs. Union of India (UOI) and others, decided on 22/02/2019 in Civil Appeal No.1958 of 2019 (arising out of SLP (C) No.32810 of 2018) wherein Hon'ble Supreme Court has held that rejection of the claim of the appellant for extraneous reasons and based on irrelevant considerations. Government in the Ministry of Railways formulated a policy. The failure of implementation results in a failure of social justice. The policy circulars were substantive attempts to enhance social welfare. Denial of benefits

to the appellant has led to a long and tortuous road to justice and then set aside the order of the High Court dated 3rd January, 2018 and directed the authorities to consider the claim of the appellant for appointment to a Group 'D' post and implement it within a period of two months. from the date of the order by granting an age relaxation, if required, issue notices.

Signature Not Verified Notices are waived by Shri Pushpendra Yadav, learned Assistant SAN

Digitally signed by TULSA SINGH Solicitor General, on behalf of the respondents. Date: 2023.03.01 18:48:06 IST

Let reply to the petition be filed pointing out that when land was acquired

on 08/02/2019 and the policy was withdrawn on 11/11/2019 then whether the withdrawal of the policy will have retrospective effect and all the land which were acquired prior to 11/11/2019 will not have any claim for appointment in terms of the policy.

Let reply be filed within four weeks.

At this stage, Shri Pushpendra Yadav, learned Assistant Solicitor General, submits that policy was not approved by the Railway Board, it was, however, issued by West Central Railway. Union of India will also point out that what action is taken against the said Officer of the West Central Railway and whether that Officer had issued the policy on his own or it had approval of

the General Manager of the West Central Railway. In this regard, they shall also produce the complete original file in which issue of policy was dealt with by the West Central Railway.

List after four weeks.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.03.01 18:48:06 IST