CIVIL APPEAL 12440 of 2009 on 13 May 1999

1. The State Of Bihar.

2. The District Magistrate, Patna.

3. The Land Acquisition Officer, Patna.

4. Union of India, through Secretary, Department of Railway, Rail Bhawan, New Delhi.

5. The Deputy General Manager, East Central Railway, Hajipur.

6. The Chief Engineer Construction-II, Eastern Central Railway, Hajipur.

7. The D.R.M., East Central Railway, Danapur Division, Danapur, Patna. 8.The Deputy Chief Engineer (Construction), East Central Railway, Danapur Division, Danapur, Patna.

.... .... Respondent.

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Appearance :

For the Petitioner/s : Mrs. Sheela Sharma Mrs. Manju Sinha Mr. Shivendra Kumar Roy For the Respondent/s : Mr. (AAG3)

Mr. Anil Singh

Mr. Mahesh Prasad

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGHORAL ORDER

4 18-06-2012

Heard learned counsel for the petitioner, State as well as Railways.

The petitioner claims appointment in the Railway on the basis of circular of the Railways, to grant one job to a family, which has been displaced on account of acquisition of land for projects of Railway.

The land of petitioner’s father was acquired in the

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year 1990. A list of displaced persons was prepared. Thereafter there is some dispute regarding the date of preparation of such list. The petitioner submits that that the name of his father figures in the list of awardees prepared in the letter of Collector of the year 2002 at serial no.69, as contained in Annexure-A to the counter affidavit of the Railways. The petitioner submits that 33 persons, whose name figured in the list approached this Court vide C.W.J.C. No.3274 of 1999, which was disposed of on 13.05.1999 with an observation that it is expected that the Railway Administration will act prompt in the matter of offering employment to the eligible persons within a period of one year from that date. A copy of order dated 13.05.1999 has been annexed as Annexure-2.

The petitioner only in the year 2009 approached the Central Administrative Tribunal, Patna bearing O.A. No.247 of 2009. The application was disposed of vide order dated 07.08.2009 to approach this Court in writ jurisdiction, as some of the awardees have already moved this Court. The petitioner thereafter filed this application.

Counsel for the Railways submits that the father of the petitioner did not mention his nominee, which fact is apparent from the recommendation made by District Magistrate to the Uday/- Railways in the year 2002 (Annexure-A). Counsel for the Railways further submits that the petitioner even thereafter did not approach the District Magistrate giving the name of nominee for award of job in the Railways. Counsel for the Railways in nut shell submits that the petitioner has approached this Court belatedly.

It is not in dispute that the land of the petitioner’sfather was acquired by Railway in the year 1990. The name of the petitioner’s father figured in the list of awardees. However, the father of the petitioner did not place name of the nominee before the District Magistrate, whereas the other awardees have given the name of their nominees. The aforesaid fact was noticed by the District Magistrate while making the recommendations.

In these circumstances, at this stage, I would only observe that if the petitioner’s father recommends a nominee for grant of job to the learned District Magistrate, the latter would consider and recommend the same to the Railway within a period of four months from today, if found eligible on verification.

With the aforesaid observation, this application is disposed of.

(Samarendra Pratap Singh, J)