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Judgment
Per: Hon’ble Dr. Lata Baswaraj Patne (J):
Ld Counsel for the applicants is present.
Ld Counsel Mr. S Banerjee appears for the respondents.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a)An order directing the respondents to consider and grant appointment to the applicants no.2 in terms of the R.B.E. 99/2010 by following the same procedure as was followed for appointment under Land Loser Category on compassionate ground granted to the similarly placed screened candidates of the same Project and extend the benefit of the Judgement dated 16.03.2020 passed by this Hon'ble Tribunal as well as the Hon'ble High Court at Calcutta passed in WPCT No.74 of 2016 and WPCT No.75 of 2020 and WPCT No.28 of 2021 within a period as to this Hon'ble Tribunal may seem fit and proper.
b)To direct the respondent authorities to immediately issue compassionate appointment in terms of the judgment passed by the Hon'ble High Court at Calcutta in WPCT No.74 of 2016.
c)To direct the respondent authorities to grant the applicants all ancillary benefits of the aforesaid compassionate appointment under Land Loser Category along with interest calculated from the date of screening of the applicants as accrued till date.
d)An order directing the respondents to produce/cause production of all relevant records in connection with the instant case.
e)Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”
MA/643/2026, filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein.
Ld Counsel for the applicants submits that the land of the applicants was acquired by the Railways for the purpose of Deshpran-Nandigram Special Railway Project. In this regard, land loser certificate had also been issued in favour of the Applicant No. 1. Thereafter, as per Railway Board’s Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicants have made an application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, they have not been granted the same. Being aggrieved with that the Applicant no. 1 made a representation dtd. 08.01.2026 before the competent respondent authority praying for compassionate appointment under land loser category in favour of the Applicant no. 2 (son). However, till date the same has not been considered by the respondents. Hence this OA.
Ld Counsel for the applicants submits that it would suffice the purpose if an order is passed by this Tribunal directing the respondents to consider pending representation of the applicants for grant of appointment under land loser category, treating this OA as a part of it and in light of the judgment dtd. 01.07.2021 passed by the Hon’ble High Court at Calcutta in WPCT 28 of 2021 in the case of Union of India & Ors. Vs. Jahangir Chowdhury & Ors. with WPCT 75 of 2020 in the case of Union of India & Ors. Vs. Chandi Das Khan & Ors. and also in light of the order dtd. 23.12.2022 passed by this Tribunal in OA/350/319/2021.
Ld Counsel for the respondents submits that he has no objection with regard to prayer for consideration of the pending representation of the applicants, as per rules.
Heard both the parties.
Since the Ld Counsel for the applicants has made an innocuous prayer for consideration of pending representation of the applicants, we direct the respondents/competent authority to consider the pending representation of the applicants dtd. 08.01.2026, treating this OA as a part of it, in light of the judgment dtd. 01.07.2021 passed by the Hon’ble High Court at Calcutta in WPCT 28 of 2021 (supra) with WPCT 75 of 2020 (supra) and also in light of the order dtd. 23.12.2022 passed by this Tribunal in OA/350/319/2021 and to communicate the decision to the applicants by way of a reasoned and speaking order within a period of 04 months from the date of receipt of certified copy of this order
Further, we make it clear that we have not gone into the merit of the case. All points are kept open for consideration by the respondents.
Accordingly, both the OA and MA are disposed of. No cost.