Facts
The applicants’ parents’ land was acquired by the Railways for the Rewa-Sidhi-Singrauli broad gauge line, with a compensation award passed on July 25, 2017
Source reference: p. 2Pursuant to a 2016 policy, the applicants applied for railway employment as land losers
Source reference: p. 2Although a verification list was prepared in 2022, the respondents failed to offer appointments
Source reference: p. 2The respondents contested the claim, citing RBE No. 193/2019, which withdrew the employment-for-land policy effective November 11, 2019
Source reference: p. 3Furthermore, Applicant No. 1 was a minor (8th pass) and Applicant No. 2 had exceeded the maximum age limit of 32 years as of the cut-off date stipulated in the 2016 notification
Source reference: p. 3-4Issues
1. Whether the withdrawal of the employment policy via RBE No. 193/2019 applies retrospectively to land acquired prior to the notification
Source reference: p. 4 / para. 52. Whether the applicants are entitled to employment despite failing to meet the age and educational criteria set out in the recruitment notification
Source reference: p. 5-6 / para. 7Law Applied
The Tribunal applied the principle that circulars such as RBE No. 193/2019 are generally prospective, as established in O.A. No. 200/275/2021 and affirmed by the Chhattisgarh High Court in WPS No. 5804 of 2022, which held that the date of land acquisition determines the applicable policy
Source reference: p. 4-5granting relaxations in age or qualification for appointment is the sole prerogative of the employer and cannot be claimed as a matter of right in the absence of a specific policy [Misc. Petition No. 6992 of 2025]
Source reference: p. 5-6Reasoning
The Tribunal noted that while the applicants’ land was acquired in 2017—prior to the policy withdrawal in 2019—and thus theoretically governed by the earlier employment scheme, they failed to meet the substantive eligibility criteria
Source reference: p. 4-5Specifically, Applicant No. 1 did not possess the mandatory 10th-pass qualification and was under 18 years of age at the relevant time, while Applicant No. 2 exceeded the maximum age of 32 years
Source reference: p. 3-4Applying the reasoning from MP-6992-2025, the Tribunal observed that the power to relax recruitment standards lies exclusively with the respondents
Source reference: p. 6Since the respondents chose not to grant such relaxations and as no current policy mandates the grant of employment to land losers, the applicants remained ineligible
Source reference: p. 6Holding
The Tribunal answered the issues by holding that although RBE No. 193/2019 does not bar claims where land was acquired before 2019, the applicants are not entitled to relief as they did not meet the age and educational requirements of the recruitment notification
The Original Application was dismissed, and no costs were awarded
Source reference: p. 6Original Court PDF
ANSHU MISHRAvsWEST CENTRAL RAILWAY
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