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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member
The applicants have 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.”
Learned Counsel for the applicants has filed the affidavit of service, which has been taken on record. Ld. Standing Counsel for the respondents Mr. B.K. Banerjee is present.
M.A. No. 350/660/2026 has been filed by the applicants praying for liberty to jointly pursue the original application. On being satisfied that the applicants share a common grievance and are pursuing a common cause of action, such liberty is granted under Rule 4(5)(a) of CAT (Procedure) Rules, 1987. Μ.Α. 350/660/2026 is accordingly disposed of.
In the instant OA, it is the grievance of the applicant that though he is beneficiary of the scheme floated by the Railway authority for grant of compassionate appointment in lieu of the land acquired for Railway project, his case/representation has not been considered by the respondents. According to the applicant, his representation dated 17.12.2025 (Annexure-A/6) is still pending before the railway authority.
Ld. Counsel for the applicants submits that it would suffice the purpose, if the OA is disposed of by directing the competent respondent authority to consider his pending representation dated 17.12.2025 (Annexure-A/6) treating this O.A as part of it and communicate his decision by way a reasoned and speaking order, within a stipulated period of time.
Ld. Standing Counsel for the respondents has no objection to such proposition.
In view of the above, the OA is disposed of, with a direction upon the competent respondent authority to consider the pending representation of the applicant dated 17.12.2025 (Annexure-A/6) by treating this OA as part of it and communicate his decision by way of a reasoned and speaking order, within a period of 03 (three) months from the date of receipt of a copy of this order.
It is made clear that we have not entered into the merits of the case. Law of limitation and all other points on merit are kept open for consideration.
In view of the above, OA stands disposed of at admission stage. MA No. 350/660/2026 also stands disposed of as per Para 3 of this order. There shall be no order as to costs.