1 - Union Of India Through Its General Manager South East Central Railways, New v. 1 - Premchand Rana S/o
Case Details
1 HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.07 12:05:13 +0530 2025:CGHC:38973-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 9160 of 2025 1 - Union Of India Through Its General Manager South East Central Railways, New G M Building Bilaspur, C.G. 495004 2 - Principal Chief Personnel Officer South East Central Railways, Bilaspur, C.G. 495004 3 - Senior Divisional Personnel Officer South East Central Railways, Nagpur, Maharashtra, Pin Code 440001. … Petitioners versus 1 - Premchand Rana S/o Shri Maniram Rana Aged About 43 Years R/o Ward No. 1 Old Tirodi Gram, Post Tirodi, Kharpadiya, Tirodi, Katangi, Distt. Balaghat (M.P. ) 481449
Legal Reasoning
2 - Mithlesh Rahangdale S/o Shri Janiram Rhangadale Aged About 30 Years R/o Ward No. 2, Pouniya Distt. Balaghat ( M.P. ), 481449. 3 - Ravindra Kumar Rahangdale S/o Shri Sampatlal Rahangadale, Aged About 46 Years R/o Ward No. 1, Chaukhandi, Manegaon, Distt- Balaghat ( M.P. ), 481445 2 4 - Sapna Thakre W/o Shri Omprakash Thakre Aged About 28 Years R/o Ward No. 1, Budbuda, Waraseoni, Distt- Balaghat ( M.P.) 481332. 5 - Sunil Kumar Sarote S/o Shri Tukaram Sarote Aged About 41 Years R/o Ward No. 13, Near High School, Tirodi, Distt- Balaghat ( M.P. ), 481449. ... Respondents Writ Petition (S) No. 9166 of 2025 1 - The Union Of India Through Its General Manager South East Central Railways, New Gm Building, Bilaspur (C.G.), 495004 2 - Principal Chief Personnel Officer South East Central Railways, Bilaspur, 495004 3 - Senior Divisional Personnel Officer South East Central Railways, Nagpur, Maharashtra, Pin Code 440001. --- Petitioners versus Anshu Sharma D/o Late Shri Satendra Sharma, Aged About 24 Years Occupation Unemployed R/o Village Nadora, Post Batwari, Tehsil And District Seoni (M.P.) 480882 --- Respondent Writ Petition (S) No. 9132 of 2025 1 - The Union Of India Through Its General Manager South East Central Railways, New Gm Building, Bilaspur (C.G.), 495004 3 2 - Principal Chief Personnel Officer South East Central Railways, Bilaspur, 495004 3 - Senior Divisional Personnel Officer South East Central Railways, Nagpur, Maharashtra, Pin Code 440001. --- Petitioners versus Megheshwari Rahangdale W/o Shri Arun Kumar Rhangdale. Aged About 39 Years R/o Gram Post Puniya Tehsil Tirodi, Distt- Balaghat ( M.P. ), 481449. --- Respondent Writ Petition (S) No. 9145 of 2025 1 - Union Of India Through The General Manager, South East Central Railway, New Gm Building, Bilaspur (C.G.) 495004 2 - Senior Divisional Personal Officer South East Central Railway, Nagpur Division, Kingsway, Nagpur (Mh) 440001 3 - Assistant Personal Officer South East Central Railway, Nagpur Division, Kingsway, Nagpur (Mh) 440001 --- Petitioners versus Mahesh Kumar Parte S/o Shri Mathan Singh Aged About 23 Years Occupation- Unemployed, R/o Village Nidhani, Tehsil Ghansaur, District- Seoni (M.P.), Pincode- 480997 --- Respondent 4 Writ Petition (S) No. 9157 of 2025 1 - Union Of India Through Its General Manager South East Central Railways, 1st Floor, New G M Building, Bilaspur C.G. 495004. 2 - Principal Chief Personnel Officer, South East Central Railways, Bilaspur 495004. 3 - Senior Divisional Personnel Officer, South East Central Railway, Nagpur, Maharashtra Pin Code 440001. --- Petitioners versus 1- Anshul Thakre S/o Shri Dhansingh Thakre Aged About 23 Years R/o Ward No. 1, Near Hanuman Temple, Arjunnala, Katangi, Distt. Balaghat M.P. 481445. 2 - Lakhanlal Matre S/o Shri Narayan Matre Aged About 35 Years R/o Ward No. 8, Chimkara, Distt. Balaghat M.P. 481445. 3 - Pramod Patle S/o Shri Narendra Patle Aged About 26 Years R/o Ward No. 2, Katangi, Tumsar Road, Distt. Balaghat M.P. 481445. 4 - Ajay Goutam S/o Shri Dileep Goutam Aged About 25 Years R/o Ward No. 3, Patharwada Road, Sant Shri Jairamdas, Near Rice Mill, Katangi, Distt. Balaghat M.P. 481445. 5 - Pratik Meshram S/o Shri Kishore Aged About 21 Years R/o P.S. Katangi, Pouniya, Distt. Balaghat M.P. 481449. 6 - Narendra Kumar S/o Shri Gendlal Maneshwar Aged About 26 Years R/o Ward No. 14 Marari Mohalla, Lohamara, Khamariya, Distt. Balaghat M.P. 481445. --- Respondent 5 Writ Petition (S) No. 9163 of 2025 1 - Union Of India Through Its General Manager South East Central Railways, 1st Floor, New Gm Building, Bilaspur, Chhattisgarh, 495004 2 - Principal Chief Personnel Officer South East Central Railways, Bilaspur, 495004 3 - Senior Divisional Personnel Officer South East Central Railways, Nagpur, Maharashtra Pin Code 440001 --- Petitioners versus 1 - Ashok Kumar Pancheshwar S/o Shri Punnaram Pancheshwar Aged About 39 Years R/o Ward No. 10, Chikmara, Katangi, Distt. Balaghat, M.P. 481445 2 - Surendra Kumar Gadekar S/o Shri Chatru Gadekar Aged About 31 Years R/o Ward No. 13, Main Road Chimkara, Katedara, Distt. Balaghat, M.P. 481445 3 - Ashok Kumar Matre S/o Shri Sevakram Matre Aged About 40 Years R/o Ward No. 13, Chimkara, Tehsil Katangi, P.O. Katedara, Katengi, Distt. Balaghat, M.P. 481445 4 - Beniram Kavre S/o Shri Fulchand Kavre Aged About 32 Years R/o Chimkara, Post Katedara, Katangi, Distt. Balaghat, M.P. 481445 5 - Chandreshekhar Rana S/o Shri Tikamchand Rana Aged About 23 Years R/o Ward No. 1, Old Tirodi, Gram Post Tirodi, Kharpadiya Tirodi, Katangi, Distt. Balaghat, M.P. 481449 --- Respondents 6 Writ Petition (S) No. 9173 of 2025 1 - Union Of India Through Its General Manager South East Central Railways, 1st Floor, New Gm Building, Bilaspur, Chhattisgarh, 495004 2 - Principal Chief Personnel Officer South East Central Railways, Bilaspur, 495004 3 - Senior Divisional Personnel Officer South East Central Railways, Nagpur, Maharashtra Pin Code 440001 --- Petitioners versus Atul Chaudhary S/o Shri Dahnraj Chaudhary Aged About 27 Years R/o Gram Hirapur, P.O. Bharweli, Ward No. 9 Tavejhari, Distt. Balaghat, M.P. 481102 --- Respondent For Petitioners : Mr. Ramakant Mishra, Dy. S.G. DB- Hon'ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Sachin Singh Rajput Order On Board 06.08 .2025 1. Since common question of law and facts are involved in this batch of writ petitions, therefore, they have been
Decision
clubbed together, heard together and are being disposed of by this common order. 2. Petitioners herein have preferred these writ petitions under 7 Article 226 of the Constitution of India calling in question the legality, validity and correctness of impugned order dated 20/03/2025 (Annexure P/1) passed by the Central Administrative Tribunal, Jabalpur Bench by which the original applications filed by the respondents have been granted and petitioners have been directed to reconsider the case of the respondents for employment assistance in accordance with law and pass orders within three months. 3. Mr. Ramakant Mishra, learned Deputy Solicitor General appearing for the petitioners, would submit that the Tribunal is absolutely unjustified in granting the applications filed by the respondents as policy dated 11/11/2019 has replaced the earlier policy dated 16/07/2010, therefore, the impugned order passed by the Tribunal deserves to be set aside. 4. We have heard learned counsel for the petitioners, considered his submissions and went through the record with utmost circumspection. 5. A careful perusal of the record would show that the policy dated 16/07/2010 has been revised with policy dated 11/11/2019 and Clause 5 of the policy clearly states that the new policy shall be effective from the date of issue of the letter. As such, policy dated 11/11/2019 would be 8 prospective and would not cover the case of the respondents herein. Furthermore, the policy dated 11/11/2019 has been considered by the Division Bench of this Court in the matter of Union of India and Others v. Vijay Jaiswal1 decided on 23/09/2022, which has also been relied upon by the Tribunal in paragraph 7 of the impugned order, which states as under :- “7. A similar view was also taken by this Tribunal in Original Application No. 200/843/2021 decided on 08.04.2022 and the order of this Tribunal was also affirmed by the Hon’ble High Court of Chhattisgarh, Bilaspur in WPS No. 5804 of 2022 decided on 23.09.2022 observing as under : “11. A perusal of the said policy would go to show that irrespective of whether the land acquisition for railway projects was done through the Railways Act, 1989 after declaring it as Special Railway Project or through State Governments, determination of compensation shall be made in accordance with the First, Second and Third Schedules of the Act of 2013 and accordingly, the policy of offering appointment in Railways to affected land losers was withdrawn and circulars issued in that regard were superseded. 12. 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.” 6. In view of the aforesaid discussion, it is evidently clear that the new policy would be effective from 11/11/2019 and would not cover the case of the respondents herein. 1 2022:CGHC:21658-DB 9 Therefore, learned Tribunal is absolutely justified in directing the petitioners to consider the case of the respondents for employment assistance as per the prevalent policy. We do not find any merit in these petitions. 7. Accordingly, these writ petitions are liable to be and are hereby dismissed at admission stage. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Sd/- (Sachin Singh Rajput) Judge Harneet