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Judgment
Mohan Pyare, Member (A)
Shri Rakesh Kumar Dixit, learned counsel for the applicant and Shri Manoj Kumar Sharma, learned counsel for the respondents are present.
By means of this OA, the applicant is seeking a direction to respondents to take final decision and provide suitable job to the applicant.
The applicant has sought the following reliefs :
“(i)Issue an order and direction to the respondents No.2 and 3 to give appointment/job in pursuance of their own Policy/Circular No. E(NG)II/2010/RC-5/1 dated 16.7.2010 (RBE No.99/2010) after acquiring the land by the respondents.
(ii) The Hon'ble Tribunal may further be pleased to pass any order, direction as deem fit and proper in the interest of justice.
(iii) To impose exemplary cost on the respondents, payable in favour of the applicant.”
The brief facts of the case as narrated by the applicant are that the Railway has started Dedicated Freight Corridor Corporation of India Limited for which land of the applicant was acquired. The Railway has published its policy in RBE No.99 of 2010 for providing job to land owners whose land is being acquired for the purposes of Railway. The Railway has issued various newspapers publications also in this regard. Till date Railway has not provided the job to the applicant, hence this OA.
Heard the rival submissions.
Learned counsel for the applicant submitted that as respondents have acquired the land of the applicant for Dedicated Freight Corridor Corporation of India Limited (DFCCIL), Railway has published their policy through RBE No.99 of 2010, the land in Arazi No.347, situated in Village Masika, Pargana Arail, Tehsil Karchhana, Allahabad have been acquired for the said purpose, the Railway Authority have issued several notifications in newspaper during the year 2010-11 itself, the applicant has requisite qualification for Group ‘D’ job in accordance with the policy of the Railways, after acquisition of land the work of Railway was completed, the respondent No.4 itself is part of Ministry of Railway, the respondents are deliberately harassing the applicant and not implementing their own policy and on the basis of above submission have submitted to allow this OA and issue suitable direction to the respondents.
The respondents have strongly refuted the contention of the applicant by filing a detailed counter affidavit and submitted that the circular dated 16.07.2010 issued by the Railway Board is not addressed to DFCCIL or competent authority (under Railway Act), the Dedicated Freight Corridor Corporation of India Limited was incorporated as a company under the Companies Act on 30.10.2006. The Railway Board has issued the circular dated 16.07.2010 for appointment of land looser affected by Land Acquisition for Railway Project, which is excluding for deposit work and Special Railway Project. The Special Railway Project has been defined under Section 2 (37A) of Railway Act, which is below “
“Special Railway Project" means a project, notified as such by the Central Government from time to time for providing national infrastructure for a public purpose in a specified time frame, covering one of more states or the union territories."
The deposit work which has been excluded from the purview of the above circular dated 16.107.2010 has been defined in paragraph 1843 of Railway Engineering Manual as below :-
“The term 'Deposit work' is applied to works of construction or repair, the cost of which is met, not out of railway funds, but out of funds from non-railway sources. Work executed by a railway for other Government, department, municipalities and other local bodies, and private firms and individuals fall under this category."
The circular clearly shows that Railways may call and consider the applications for employment from land looser but in the present case the Railway has not invited any application nor any notification in this regard has been issued. The Dedicated Freight Corridor Corporation of India Limited is not notified under Section 14 of the A.T Act and as such the OA is not at all maintainable before this Tribunal. On the basis of above submission, the respondents have submitted to dismiss the OA for want of jurisdiction as well as on merit.
We have considered the rival submissions and verified the documents available on record.
Here it is relevant to mention one judgment passed by Hon’ble High Court of Allahabad in Writ –A No.15732 of 2013 in the case of Mannan Ahmad & ors. Vs. Union of India & ors decided on 19.03.2013, in which they have come to the following finding :-
“Learned counsel for the petitioners placed before us an order dated 1st of November, 2012 passed by the Central Administrative Tribunal Allahabad Bench, Allahabad in Original Application No. 1518 of 2012 (Bachai and others vs. Union of India and others). By that order, the Tribunal upheld the preliminary objection on behalf of respondents of that case that original application could not be maintained against Dedicated Freight Corridor Corporation of India, a public sector undertaking because the same was not notified under Section 14 (1) of the Administrative Tribunals Act, 1985.”
Finally, the Hon’ble High Court of Allahabad has dismissed the above writ petition after hearing preliminary objection raised by the respondents Railway and have observed that petitioner will be at liberty to approach the Central Administrative Tribunal for relief noted against the Railway in accordance with law.
For the sake of clarity, the RBE No.99 of 2010 dated 16.07.2010 is reproduced as below :-
Sub: Appointment of land losers affected by land acquisition for railway projects.
In supersession of all previous instructions on the subject, it has been decided that Railways may call and consider applications for employment to PB~1Pay Band of Rs 5,200-20,200 with grade pay of Rs 1,800/- only, from land losers on account of acquisition of land for the projects on the Railways (excluding those for Deposit works). Applications shall be invited, by Personnel Branch of Zonal Railways, from the land losers fulfilling the screening criteria as enumerated' in para 2 below.
Screening Criteria:
(i) The applicant shall be a person (sale owner of land or son/daughter/ husband/wife of the sale owner) whose land or a portion thereof has been acquired for the project. In case the land is owned by more than one person, the Competent Authority, as defined in the Railway (Amendment) Act 2008 / Land Acquisition Officer, will decide who shall be considered as applicant. Only one job shall be offered to an applicant from the land loser family.
(ii) It must be ensured that the displaced person has not received any land from the State Government in lieu of his/her land acquired/ being acquired for the project.
Railway administration should request the concerned Competent Authority/ Land Acquisition Officer to issue certificate/s to those persons whose land has been acquired to facilitate proper verification of the claims.
An applicant claiming appointment shall be required to submit the application with his/her signatures and photos duly certified by local MP,MLA or any Gazetted Officer. Candidates shall also submit affidavits fulfilling eligibility criteria stipulated in para 2 above, duly certified by the Competent Authority/ Land Acquisition Officer. This shall· be co-ordinated by respective Divisional Railway Managers.
The applicant should normally fulfil the eligibility and other conditions prescribed for the post against direct recruitment quota from open market. In special cases, General Manager of the Railway can relax these conditions, and in respect of educational qualifications, applicant with read/write only capability shall also be considered.
General Manager of the Railway in whose jurisdiction the land acquisition is to be undertaken, shall be responsible for ensuring a fair and transparent selection of candidates.
Once and offer of appointment has been made, no further application claiming appointment on ground of acquisition of the same piece of land shall be entertained.
These instructions normally will not be applicable in those cases where land' acquisition process has been concluded by way of possession of land by Railway.
Please acknowledge receipt.”
It is undisputed that land of the applicant was acquired for Dedicated Freight Corridor Corporation of India Limited and the applicant has sent his representation for providing job to him.
Dedicated Freight Corridor Corporation of India Limited till date has not been notified under Section 14 of A.T. Act. and the Railway Board circular dated 16.07.2010 clearly mentioned that Railways may call and consider the applications for employment from the land looser on account of acquisition of land for the projects on the Railway (excluding those for deposit works). Here, the land in question was acquired for Dedicated Freight Corridor Corporation of India Limited and we have not come across any letter that RBE No.99 of 2010 shall be applicable to Dedicated Freight Corridor Corporation of India Limited also.
Under these circumstances and on the basis of above discussions, the OA of the applicant is devoid of merit and liable to be dismissed. Accordingly, the OA is dismissed. No order as to costs.
All MAs pending in this O.A. also stand disposed off.