ORDER

PER: RAJINDER SINGH DOGRA, MEMBER (J):

The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:

8.1. The impugned speaking order dated 16.11.2018(Annexure A1) be set aside and quashed.

8.2. The Hon'ble Tribunal be pleased to direct the respondents to interfere and modify para 8 of the Railway Board's letter dated 16.07.2010(Annexure A2) and 28.09.2010(Annexure A3) in order give the benefit of consideration for compassionate appointment to the applicant in terms of the said letters dated 16.07.2010 and 28.09.2010.

8.3. The Hon'ble Tribunal be pleased to direct the respondent authorities to appoint the applicant in terms of the Railway Board's circular No. E(NG)II/2010/RC-5/1 dated 16.07.2010 and 28.09.2010 after necessary modification.

8.4. Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case.

2. As per the applicant, he is a petty farmer. He has passed HS. His father was the owner of the land used by him for farming. But the said plot of land, which was the only source of his livelihood, was acquired by the Railway Authority for construction of B.G. Railway Line from New Maynaguri to Jogighopa. Railway Board by letter dated 16.07.2010 and clarificatory letter dated 28.09.2010 with the subject, Appointment of land losers affected by land acquisition for railway projects, decided that Railways may call and considers applications for employment from land losers on account of acquisition of land for the projects of the Railways. Father of the applicant submitted representations dated 25.04.2016, 10.07.2012, 25.07.2016 and 17.05.2016, etc for consideration of the case of the applicant for appointment in terms of the aforesaid letters of the Railway Board. But the respondents have not considered the case of the applicant. Rather they delayed the matter under the plea of seeking some clarification from the Railway Board as stated in their letters enclosed as Annexure A 9, A11 and A11, wherein they have also suppressed the Railway Board's clarification already issued by letter dated 28.09.2010(Annexure A3). Being aggrieved, applicant approached this Tribunal by filing O.A. No. 298/2018, which was disposed of vide order dated 06.09.2018 directing the applicant to make a comprehensive representation which was to be considered and disposed of by the respondent authority within a period of 2 months by passing a reasoned and speaking order by taking into note the facts and circumstances of the case of the applicant.

3. In terms of the aforesaid order dated 06.09.2018, applicant submitted representation dated 21.09.2018 to the GM, N.F. Railway, which was rejected by the respondents vide order dated 16.11.2018 on wrong appreciation of law and facts. Respondents by relying upon para 8 of the Circular dated 16.07.2018 denied the benefit of the said circular to the applicant. It is stated that the applicant has a lien upon his land and the acquisition of his land has not been fully completed as he has neither received any compensation against the said land nor he has received any alternate land nor he has been considered for compassionate appointment under the benevolent scheme of the railways letter dated 16.07.2010. Moreover, para 8 intends to make unfair distinction against other similarly situated individuals by denying the benefit of consideration for compassionate appointment amounting to violation of Article 14, 16 and 21 of the Constitution of India, which is liable to be modified. As such, said impugned order dated 16.11.2018 is arbitrary and illegal being violative of the Railway Board's letter dated 16.07.2010 and 28.09.2010.

4. Respondents filed written statement and stated that the Board’s Circular dated 16.07.2010 clearly stipulates that Railways may call and consider applications for employment to PB-1 pay band of Rs 5200-20200/- with Grade Pay Rs 1800/- only from land