SUDHIN KUMAR BERA vs SOUTH EASTERN RAILWAY

Court
Central Administrative Tribunal

1 O.A. 350/1087/2026, MA 660/2026

CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA


O.A. 350/1087/2026 Date: 01.09.2026
M.A. 350/660/2026


Coram: Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member


In the matter of:

1. Sudhin Kumar Bera, son of Late Ramkrishna Bera, aged about
years, cultivator

2. Soumyadeep Bera, son of Sudhin Kumar Bera, aged about 18
years, Unemployed youth,

Both are residing at Village and Post Office Rankinipur, P.S.
Nandigram, District Purba Medinipur, Pin - 721650.


.……
Applicants


Vs.



1. Union of India service through the General Manager, South
Eastern Railway, 11, Garden Reach Road, Kolkata-700043.

2. The Divisional Railway Manager, Kharagpur Division, South Eastern
Railway, Kharagpur, West Bengal-721301.

3. The Chief Administrative Officer (Construction), South Eastern
Railway, 11, Garden Reach Road, Kolkata-700043.

4. The Deputy Chief Engineer (Construction) (LA for Deshpran-
Nandigram Special Railway Project), South Eastern Railway, Garden
Reach, Kolkata-700043.


……. Respondents

Digitally signed by Dhrubajyoti Banerjee
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=700020, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti
Banerjee
Reason: I am the author of this document
Location:
Dhrubajyoti Banerjee
Date: 2026.09.03 17:33:14+05'30'
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2 O.A. 350/1087/2026, MA 660/2026


For the Applicants : Mr. B. Chatterjee; Counsel
For the Respondents : Mr. B.K. Banerjee; Standing Counsel


O R D E R (ORAL)

Per: Dr. Lata Baswaraj Patne, Judicial Member


.
1 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.”

2 . 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.
3 . M.A. No. 350/660/2026 has been filed by the applicants praying for liberty
to jointly pursue the original application.
Digitally signed by Dhrubajyoti Banerjee
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=700020, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti
Banerjee
Reason: I am the author of this document
Location:
Dhrubajyoti Banerjee
Date: 2026.09.03 17:33:14+05'30'
Foxit PDF Reader Version: 2024.3.0

3 O.A. 350/1087/2026, MA 660/2026

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.
4 . 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.
5 . 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.
6 . Ld. Standing Counsel for the respondents has no objection to such
proposition.
7 . 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.
8 . 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.
Digitally signed by Dhrubajyoti Banerjee
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=700020, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti
Banerjee
Reason: I am the author of this document
Location:
Dhrubajyoti Banerjee
Date: 2026.09.03 17:33:14+05'30'
Foxit PDF Reader Version: 2024.3.0

4 O.A. 350/1087/2026, MA 660/2026

9 . 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.



(Anindo Majumdar) (Lata Baswaraj Patne)
Administrative Member Judicial Member





DB




Digitally signed by Dhrubajyoti Banerjee
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training, Phone=
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=700020, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti
Banerjee
Reason: I am the author of this document
Location:
Dhrubajyoti Banerjee
Date: 2026.09.03 17:33:14+05'30'
Foxit PDF Reader Version: 2024.3.0