CAT - ['Kolkata']
Employment and Labour LawAdministrative and Public Law

Authorities must decide land-loser appointment claims by a reasoned order without prejudging their merits.

SHAMBHU PRADHAN vs SOUTH EASTERN RAILWAY

CAT - ['Kolkata']JUDGMENT: September 07, 20262 MIN READSOURCE JUDGMENT
Authorities must decide land-loser appointment claims by a reasoned order without prejudging their merits.. SHAMBHU PRADHAN vs SOUTH EASTERN RAILWAY. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants stated that their land was acquired for the Deshpran–Nandigram Special Railway Project and that a land-loser certificate was issued in favour of Applicant No. 1.

Source reference: p. 2

They claimed to have applied through the proper channel for appointment under the land-loser category pursuant to Railway Board Circular RBE No. 99/2010, but no appointment was granted.

Source reference: p. 2

Applicant No. 1 subsequently submitted a representation dated 17 December 2025 seeking appointment for Applicant No. 2, which remained undecided.

Source reference: p. 2

The respondents did not appear.

Source reference: p. 1

The Tribunal allowed the application for joint prosecution under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.

Source reference: p. 2
02

Issues

1. Whether the respondents should be directed to consider the applicants’ pending representation seeking appointment under the land-loser category in light of the cited decisions.

Source reference: pp. 3–4

2. Whether the Tribunal should determine the applicants’ entitlement to appointment at this stage.

Source reference: p. 4
03

Law Applied

The application was brought under Section 19 of the Administrative Tribunals Act, 1985, which enables an aggrieved person to seek relief before the Tribunal in service matters.

Source reference: p. 2

Rule 4(5)(a) of the CAT (Procedure) Rules, 1987 was applied to permit joint prosecution of the applicants’ claims.

Source reference: p. 2

The applicants relied on Railway Board Circular RBE No. 99/2010 and on Union of India v. Jahangir Chowdhury (WPCT No. 28 of 2021), Union of India v. Chandi Das Khan (WPCT No. 75 of 2020), and the Tribunal’s order in O.A. No. 350/319/2021; the Tribunal directed the authority to consider the representation in light of those decisions, without stating or deciding their substantive effect in this case.

Source reference: pp. 2–4
04

Reasoning

The Tribunal accepted the applicants’ limited request for consideration of their still-pending representation. It directed the competent authority to assess that representation against the specified High Court and Tribunal decisions and to issue a reasoned, speaking order.

Source reference: p. 3

Because the request was confined to consideration of the representation, the Tribunal expressly refrained from deciding whether Applicant No. 2 was substantively entitled to appointment and left all merits open for the respondents’ consideration.

Source reference: p. 4
05

Holding

The Tribunal directed the respondents to consider the representation dated 17 December 2025, treating the O.A. as part of it, and to communicate a reasoned and speaking decision within four months of receiving a certified copy of the order.

It made no finding on the merits of the appointment claim, disposed of both the O.A. and M.A., and made no order as to costs.

Source reference: p. 4
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Kolkata']

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SHAMBHU PRADHANvsSOUTH EASTERN RAILWAY

CAT - ['Kolkata'] · September 07, 2026

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