Minimum educational qualifications must be met for employment assistance claims by land losers, and discretion to relax these qualifications is limited.

C O M M O N O R D E R 

By Akhil Kumar Srivastava, Member (J).

The applicants in these Original Applications are aggrieved that they have not been provided employment assistance in lieu of their acquired land. Since the issue involved in all these nine Original Applications is common as the case of the applicants therein has been rejected on the ground of non consideration of their cases due to not meeting the minimum educational criteria, we propose to decide these OAs by way of a common order. For the purpose of this order, the pleadings and the documents annexed with OA 200/1187/2022 have been referred to for brevity.

2. The respondents, in their reply, have stated that the instruction contained in para 5 of Establishment Rule No. 183/2010 provides that the applicant should normally fulfill the eligibility and other conditions Page 7 of 11 ANUPAM 2025.05.27 prescribed for the post against direct recruitment quota from open market. In special cases, General Manager of the Railway can relax these conditions, and in respect of educational qualifications, applicant with read/write only capability shall also be considered. Further, as per the instructions contained in RBE No. 129/2013 (Estt Rule No. 216/2013) minimum educational qualification for recruitment in Pay Band-1 of 5200- 20200 (GP 1800/-) will be 10^th pass or ITI or equivalent or National Apprenticeship Certificate granted by NCVT and these new instructions will be applicable for all future recruitment henceforth against direct recruitment quota through all modes. However, vide PCPO/BSP's letter No. P-HQ/RUL/101/8 (E52606) dated 03.02.2022 and P-HQ/RUL/101/8/259 dated 26.07.2022, it is clarified that no appointment of land losers shall be entertained by granting relaxation of requisite minimum educational qualifications required for appointment in Level-1. The applicants in all these cases do not fulfill the minimum educational qualifications required for appointment. Since no recruitment/appointment of land losers shall be entertained by granting relaxation of requisite minimum educational qualifications for appointment in Level-1 of the pay matrix, the claim of the Page 8 of 11 ANUPAM 2025.05.27 applicants for offering of employment assistance against acquisition of land has been rejected.

3. We have heard learned counsel for the parties and perused the records carefully.

4. The issue regarding grant of relaxation to the persons who do not fulfill the minimum educational qualification required for appointment has recently been decided by this Tribunal vide common order dated 21.03.2025 passed in Original Applications Nos.284/2025 & other connected OAs observing as under:

“6. The Establishment Rule No.183/2010 dated 13.10.2010 (Annexure R- 2) provides for appointment of land losers affected by land acquisition for Railway projects. While Para 5 of the said instructions clarifies that the applicant should normally fulfill the eligibility and other conditions as is required against direct recruitment quota from open market, a discretion has been given to the General Manager to relax the condition that in respect of educational qualifications, applicant with read/write only capability shall also be considered. Further, Establishment Rule No.216/2013 dated 13.12.2013 (Annexure R-5) provides minimum educational qualification for all recruitments against direct recruitment quota through all modes as 10^th pass, or ITI or equivalent.

7. The Discretionary power as has been conferred to the General Manager vide RBE No.183/2010 has been reviewed after iss