Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/89/2023 Jabalpur, this Thursday, the 15^th day of May, 2025 HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER Anurag Dubey S/o Shri Kamlesh Dubey Aged About 21 years R/O Village -Basari, Rajnagar District Chhatrarpur (M. P.) Pin-471105 -Applicant (By Advocate –Shri Arun Kumar Soni)

V e r s u s

1. Union of India Through General Manager West Central Railway, Indra Market 482001 Jabalpur pin

2. Divisional Railway Manager West Central Railway, Habibganj Bhopal pin 462024

3. Sr. Divisional Personnel Officer West Central Railway, Habibganj Bhopal Pin 462024 - Respondents (By Advocate –Shri D.S. Baghel)

(Date of reserving the order:-09.04.2025)

Digitally signed Page 1 of 8 by KARUNA O R D E R By Justice Akhil Kumar Srivastava, JM;

By way of this Original Application, applicant has sought for setting aside impugned order dated 01.03.2017 and 06.10.2021 (Annexure A/2 and A/3) and also prayed for direction to department to consider the claim of the applicant for appointment in Railway under the land losers policies.

2. The facts of the case are that applicant applied for appointment as land of the mother of the applicant had been acquired (total 0.40 Hectare & 0.550 Hectare) for the Railway project namely Lalitpur Singrauli Rail Line, land of the mother of the applicant situated at Khasra No 1223/2 & 1224/2 Village -Basari, District Chhatarpur (M. P.) but the Railway has rejected the claim of the applicant on the ground that applicant is not 10th passed, though there is a power under the rules to the General Manager for relaxation as it's a beneficiary scheme but the same had not been exercised. Now the applicant has cleared 10th exam in the year 2021 and again submitted his claim by giving representation dated 13/11/2021 but they have not considered the claim of the applicant. However the benefit Digitally signed Page 2 of 8 by KARUNA of employment under the land looser policy can be extended in favor of the applicant, though several similar situated persons have already been benefited under the said scheme. The issue pertaining to apply under the said scheme has also been decided by this Hon'ble Tribunal in various cases like O. A. 745/2021, Charan Prakash Kushwaha v/s UOI the judgment dated 09/05/2022 that if land had been acquired before the 11/11/2019 should be considered and appointment is to be made irrespective of the fact whether the person has applied before 11/11/2019 or after 11/11/2019. But again arbitrary respondents have arbitrarily denied the benefit on the ground you have submitted 10th Mark sheet after 11/11/2019, ignoring their own policy and judgment of this Tribunal. Hence this Original Application.

3. Respondents in their reply have submitted that the applicant on acquisition of land had submitted an application for appointment as per Notification dated 14.10.2016 (Annexure R/1). In the said application applicant had mentioned his educational qualification 8^th pass and also attached mark sheet of class-8th. It is pertinent to mention that as per clause 5(xi) of Notification dated Digitally signed Page 3 of 8 by KARUNA

14.10.2016 issued by HQ WCR Jabalpur vide it's letter dated 14.10.2016, for appointment minimum educational qualification under 10+2 Education system from recognized Education Board should be 10th class or I.T.I. or equivalent or National Training Certificate (N.A.C.) issued by N.C.B.T. Hence, the applicant who was 8th class passed was not entitled for appointment on acquisition of land because he did not possess the requisite qualification at the time submission of application form. Further it is submitted that, as per Railway Board’s letter dated 13.09.2019 and HQ Jabalpur letter dated 19.09.2019 IS Grade in Seventh Pay Commission has been closed due to which as per open market minimum educational qualification 10th class pass or I.T.I. or equivalent or Natio