CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA OA. 350/531/2025 MA . 350/359/2025 Date of Order: 05.05.2025 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Anindo Majumdar, Administrative Member 1. Ashok Pradhan, son of late Paresh Pradhan, aged about

48 years, cultivator.

2. Sandip Pradhan, son of Ashok Pradhan, aged about 24 years, unemployed youth, both are residing at Village & P.O. Gholepukuria, Police Station- Nandigram, District-

Purba Medinipur, Pin- 721650.

………..Applicants -Versus-

1. Union of India, service through the General Manager, South Eastern Railway, 11, Garden Reach Road, Kolkata

700043.

2. The Divisional Railway Manager, Kharagpur Division, South Eastern Railway, Kharagpur, West Bengal- 721301.

3. The Chief Administrative Officer (Construction), South Eastern Railway, 11, Garden Reach Road, Kolkata-

700043.

4. The Deputy Chief Engineer (Construction) (LA for Deshpran-Nandigram Special Railway Project), South Eastern Railway, Garden Reach, Kolkata- 700043.

………Respondents For the Applicant : Mr. B. Chatterjee, Counsel For the Respondents : None Per:Hon’ble Smt. Urmita DatOta R ( SDe En )R( J()O: R A L)

1.

2. Ld Counsel for the applicant is present and heard.

Though Affidavit of Service has been filed but none appears on behalf of

3. the respondents.

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) An order directing the respondents to consider and grant appointment to the applicants no. 2 in terms of the R. B.E. 99/2010 by following the same procedure as was followed for appointment under Land Loser Category on compassionate ground granted to the similarly placed screened candidates of the same project and extend the benefit of the Judgment dated 16.03.2020 passed by this Hon’ble Tribunal as well as the Hon’ble High Court at Calcutta passed in WPCT No. 74 of 2016 and WPCT No. 75 of 2020 and WPCT No. 28 of

2021 within a period as to this Hon’ble Tribunal may seem fit and proper.

b) To direct the respondent authorities to immediately issue compassionate appointment in terms of the judgement passed by the Hon’ble High Court at Calcutta in WPCT No. 74 of 2016.

c) To direct the respondent authorities to grant the applicants all ancillary benefits of the aforesaid compassionate appointment under Land Loser Category along with interest calculated from the date of screening of the applicants as accrued till date.

d) An order directing the respondents to produce/cause production of all relevant records in connection with the instant case.

e) Any other order or further order/orders as to this Hon’ble Tribunal may seem fit and proper.”

4.

MA/359/2025 filed by the applicants under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied with the grounds therein. The applicants are accordingly allowed to pursue the remedy jointly. MA/359/2025 accordingly stands

5. allowed.

Ld Counsel for the applicants submits that the land of the applicants was acquired by the Railways for Deshpran- Nandigram. Thereafter, as per Railway Board’s Circular being no. RBE 99 of 2010, dated 16.07.2010, the applicants had made application in prescribed format through proper channel seeking compassionate appointment under land loser category. However, they were not granted the same. Being aggrieved with the same the applicant no. 1 had made a representation dtd. 28.11.2024 (Annexure A/6) before the respondents/ competent authority. However, the said representation has not been considered till date. Being aggrieved with the same the applicants have approached this Tribunal and have filed the present OA.

6.

Ld Counsel for the applicants submits that it would suffice his purpose if an order is passed by this Tribunal directing the respondents to consider the pending representation of the applicant, treating this OA as a part of it and in light of the judgment dtd. 01.07.2021 passed by the Hon’ble High Court at