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2023 Supreme(Chh) 643

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
South East Central Railway, Through the General Manager – Appellant
Versus
Om Prakash Rathore, S/o Janakram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ramkant Mishra, Advocate
For the Respondent:Mr. Y.C. Sharma, Senior Advocate with Mr. Mohan Lal Kaushik, Advocate, Mr. Ashish Tiwari, G.A.

ORDER :

SANJAY K. AGRAWAL, J.

1. This writ petition filed by the South East Central Railway is directed against the impugned order dated 28/06/2023 (Annexure P/1) passed by the Central Administrative Tribunal, Jabalpur, Circuit Bench, Bilaspur by which original application filed by respondent No. 2 has been allowed and the petitioners herein have been directed to consider the case of respondent No. 2 for employment against the land loser's scheme.

2. The aforesaid challenge has arisen on the following factual backdrop :-

    2.1. The subject land was originally owned by Late Shri Janakram and Shri Malik Ram bearing Khasra No. 2269/2 total area 0.105 hectares which was acquired for construction of Champa bypass railway line, the project of Indian Railways and the land acquisition certificate was granted by the Sub-divisional Officer (Revenue) and Land Acquisition Officer, Champa.

2.2. In lieu of the land acquired, Shri Om Prakash Rathore (respondent No. 1 herein), son of original land owner Shri Janak Ram was nominated by the State Government for the job on the basis of which employment assistance case for providing job to him was further processed and his necessary medical test was done in

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