Employment under railway policies is contingent on specific legal notifications; non-compliance with criteria excludes claims.

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri Dinesh Pathak, learned counsel for the applicant and Shri M.K.

Sharma, learned counsel for the respondents are present.

2. By means of this OA, the applicant is seeking a direction to respondents to take final decision and provide suitable job to the applicant.

3. The applicant has sought the following reliefs :

“(i) That this Hon'ble Tribunal may kindly be pleased to commanding to the respondents to give appointment to the applicant in pursuance of the Circular dated 16.7.2010 issued by the Ministry of Railway, Government of India through Railway Board.

(ii) That this Hon'ble Tribunal may also be pleased to commanding to the respondents to consider and decide the representation of the petitioner within specific period granted by this Hon'ble Tribunal.

(iii) That Hon'ble Tribunal may also be pleased to pass such other orders, which are found just fit and proper under the circumstances of the case.

(iv) That this Hon'ble Tribunal may also be pleased to allow the original application with cost.

4. The brief facts of the case as narrated by the applicant are that the Railway has started Dedicated Freight Corridor Corporation of India Limited for which land of the applicant was acquired. The Railway has published its policy in RBE No.99 of 2010 for providing job to land owners whose land is being acquired for the purposes of Railway. The Railway has issued various newspapers publications also in this regard. Till date Railway has not provided the job to the applicant, hence this OA.

5. Heard the rival submissions.

6. Learned counsel for the applicant submitted that as respondents have acquired the land of the applicant for Dedicated Freight Corridor Corporation of India Limited (DFCCIL), Railway has published their policy through RBE No.99 of 2010, the land of the applicant has been acquired for the said purpose, the Railway Authority have issued several notifications in newspaper during the year 2010-12 itself, the applicant has requisite qualification for Group ‘D’ job in accordance with the policy of the Railways, after acquisition of land the work of Railway was completed. It is submitted that the grand-father of the applicant filed an affidavit on 12.07.2010 before the officer in which mentioned that he was not concealed any fact about the detail of his land and his legal heirs also will claim in future against the aforesaid land. The applicant preferred an application on 01.11.2012 to respondent No.1 to provide the appointment to the applicant against the acquisition of the land in pursuance of the Circular dated 16.07.2010 but the respondents has not given appointment. It is submitted that the respondents are deliberately harassing the applicant and not implementing their own policy and on the basis of above submission have submitted to allow this OA and issue suitable direction to the respondents.

7. The respondents have strongly refuted the contention of the applicant by filing a detailed counter affidavit and submitted that the circular dated 16.07.2010 issued by the Railway Board is not addressed to DFCCIL or competent authority (under Railway Act ), the Dedicated Freight Corridor Corporation of India Limited was incorporated as a company under the Companies Act on 30.10.2006. The Railway Board has issued the circular dated 16.07.2010 for appointment of land looser affected by Land Acquisition for Railway Project, which is excluding for deposit work and Special Railway Project. The Special Railway Project has been defined under Section 2 (37A) of Railway Act , which is below “

“Special Railway Project" means a project, notified as such by the Central Government from time to time for pr