CAT Upholds Rights of Land Losers, Rules 2019 Railway Policy Denying Jobs Is Not Retrospective

Jabalpur, M.P. – The Central Administrative Tribunal (CAT), Jabalpur Bench, has delivered a significant ruling in favor of numerous individuals whose lands were acquired by the West Central Railway, affirming that they cannot be retroactively denied employment based on a 2019 policy change. The bench, comprising Hon’ble Shri Justice Akhil Kumar Srivastava (Judicial Member) and Hon’ble Smt. Mallika Arya (Administrative Member), held that the eligibility for employment assistance is determined by the date of land acquisition, not the date of the policy's implementation.

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Background of the Case

The Tribunal heard a large batch of Original Applications filed by individuals, including Surendra Kumar Gautam, whose lands were acquired by the Railways for various projects. Under a Railway Board policy dated July 16, 2010, individuals who lost their land for railway projects were entitled to be considered for employment in the Railways as a form of rehabilitation, in addition to monetary compensation.

The applicants' claims for employment were either rejected or not considered by the Railways, citing a new policy circular (RBE No.193/2019) issued on November 11, 2019. This new policy explicitly withdrew the provision of offering jobs to land losers, superseding all previous circulars on the matter.

Core Legal Question

The central issue before the Tribunal was whether the 2019 policy, which discontinued employment assistance, could be applied to cases where the land acquisition process was completed before the policy was issued on November 11, 2019.

Arguments of the Parties

• Applicants' Position : The applicants argued that their right to be considered for employment was established under the 2010 policy, which was in effect when their land was acquired. They contended that the subsequent 2019 policy could not be applied retrospectively to take away this vested right.
• Respondents' Position (Railways) : The Railways defended their decision by stating that the 2019 policy was formulated in line with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They argued that since the 2013 Act provides for comprehensive monetary compensation, the separate policy of offering jobs was withdrawn. They maintained that the new policy now governs all applications for employment assistance.

Tribunal's Analysis and Precedent

The Tribunal found the Railways' argument untenable. It highlighted a crucial clause within the 2019 policy itself to support its conclusion.

Pivotal Judgment Excerpt:

"Para 5 of the RBE No.193/2019 clearly states that the policy shall be effective from the date of its issuance, meaning thereby, the persons whose land was acquired after issuance of RBE No.193/2019, shall be governed by the said policy."

The bench observed that the policy's own text limits its application to future acquisitions. It further relied on its own established precedent in similar cases, which had been upheld by higher courts. The Tribunal cited its decision in Original Application No.200/275/2021 , which was later affirmed by the High Court of Chhattisgarh in WPS No.5804 of 2022 . The High Court had unequivocally stated:

"Clause 5 of the policy, however, makes it amply clear that the new policy shall be effective from the date of the issue of the letter. Therefore, there is no manner of doubt that the earlier policy which was withdrawn continued to remain in force till issuance of the notification dated 11.11.2019."

Final Decision and Directions

Based on this clear legal position, the CAT allowed the applications and set aside the rejection orders issued by the Railways. The Tribunal issued the following directions:

1. The Railways are directed to reconsider the cases of all applicants whose claims were rejected based on the 2019 policy.
   
   
2. The cases must be assessed under the old policy (pre-11.11.2019) that provided for employment assistance.
   
   
3. This process of reconsideration and issuance of necessary orders must be completed within three months.

The Tribunal clarified that this order does not create an absolute right to employment. Applicants must still meet all other eligibility criteria, such as age and educational qualifications, at the time their cases were considered. The ruling explicitly does not apply to any cases where land was acquired after November 11, 2019.