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Judgment
Heard.
This O.A. has been filed against the inaction on behalf of the respondents for not considering the applicant for appointment as a land loser candidate as per the railway appointment policy under land loser quota.
From the pleadings, the case of the applicant is that the Government has issued the notification for land acquisition scheme and thereafter, the notification was issued on 03.08.2016 and public notice was published in the local news on 11.08.2016. The applicant transferred the land bearing Khasra No. 666/5/1 & 671/1/4. In view of the notification issued by the respondent department, the applicant is entitled for recruitment to the post as the land loser. Thereafter, the applicant submits that the applicant had applied along with no objection affidavit and even the Land Acquisition Officer has confirmed in its certificate dated 24.05.2018 with the land details and the affidavit of the applicant (Annexure A/4), but the case of the applicant was not decided. The applicant had approached the office of respondent no. 3 on 15.03.2021, then the information given by the office that the mark sheet of 10th Class of the applicant is not attached. Thereafter, the applicant submitted his class 10th mark sheet along with his application (Annexure A/5), but till date no action is taken by the respondents.
At this stage, the counsel for the applicant submits that the applicant will be satisfied if the competent authority is directed to decide the case of the applicant for the appointment, in a time bound manner.
The learned counsel for the respondents has no objection, if the competent authority is directed to decide the case of the applicant, as per law.
This Tribunal has considered the matter and is of the view that the natural justice will be met if the competent authority is directed to decide the case of the applicant, in a time bound manner.
Resultantly, competent authority is directed to decide the case of the applicant for appointment as land loser as per the scheme and law settled by this Tribunal within two months after receiving the order of this Tribunal.
Needless to say that the competent authority shall pass a reasoned and speaking order as per law.
However, it has been made clear that this Tribunal has not touched the merits of the case.
With these observations, this Original Application is disposed of at the motion stage itself.
The applicant is directed to make available the copy of the order of this Tribunal as well as the copy of the Original Application to the competent authority.