Facts
The land of Applicant No. 1 (Bhabani Das) was acquired by the Railway Authorities for the Deshpran-Nandigram Special Railway Project
Source reference: p. 3, para 6Following the acquisition and the death of the original land loser in 2018, the record of rights was transferred to Applicant No. 1, who subsequently applied for her son’s employment under Railway Board policy RBE/99/2010
Source reference: p. 3, para 7Although the respondents re-initiated the appointment process for other similarly placed candidates, the applicants’ representation dated 05/12/2024 remained pending
Source reference: p. 3, para 6Issues
Whether the respondents are required to consider the pending representation for appointment under the Land Loser Category in accordance with RBE/99/2010 and existing judicial precedents
Source reference: p. 3-4, para 6-9Law Applied
The court's jurisdiction was invoked under Section 19 of the Administrative Tribunals Act, 1985
Source reference: p. 2, para 4The substantive claim was based on Railway Board Circular RBE No. 99/2010 (and OM dated 16/07/2010), which provides for compassionate appointment to land losers
Source reference: p. 3-4, para 6-9Procedurally, the Tribunal applied Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, to allow joint prosecution
Source reference: p. 2, para 5The Tribunal further relied on the legal standards for land loser appointments established by the Hon’ble High Court at Calcutta in WPCT No. 74 of 2016, WPCT No. 75 of 2020, and WPCT No. 28 of 2021
Source reference: p. 2, para 4Reasoning
The Tribunal focused on the respondents' failure to act on the pending representation while similar claims in the same project were being processed. It noted that the applicants were not seeking an immediate merit-based adjudication but rather a direction for the competent authority to decide their pending application
Source reference: p. 3, para 8By linking the applicants' situation to the "similarly placed screened candidates" and existing High Court mandates, the Tribunal determined that a time-bound administrative review was necessary to ensure parity and adherence to the Railway Board's own policy (RBE/99/2010)
Source reference: p. 4, para 9Holding
The Tribunal disposed of the O.A. at the admission stage without entering into the merits of the claim
It directed the competent authority to consider the applicants' representation dated 05/12/2024 for appointment on compassionate grounds in lieu of the acquired land
Source reference: p. 4, para 9This consideration must be completed within 90 days from the date of receipt of the order, strictly following the Railway Board’s OM dated 16/07/2010 and the relevant directions of the High Court
Source reference: p. 4, para 9M.A. 350/0166/2026 for joint prosecution was allowed
Source reference: p. 2, para 5Original Court PDF
BHABANI DASvsSOUTH EASTERN RAILWAY
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