DURGA PRASAD MOHARANA Vs. RAILWAY BOARD

JUDGEMENT

(1.) This writ petition is against the order dated 12,09.2014 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.422 of 2012 whereby and where under the claim of the petitioner for getting appointment under the rehabilitation scheme has been rejected.

(2.) The brief fact of the case is that the applicant-petitioner is the grandson of a land oustee whose land appertaining to Plot No.1529 (p) under Khata No.228, Mouza-Godiputmatiapada, measuring Ac,0.07 was acquired by the Railways in the year 1999 for the purpose of Khurda Road - Balangir New B.G. Link Project. The grandfather of the petitioner has received compensation to the tune of Rs.6174.00. The Ministry of Railways has issued Notification on 16.7.2010 for providing employment to one of the family members of the land oustees in deserving cases as against the land acquired by the Railways for the project and accordingly the applicant having come within the purview of the scheme submitted an application on 211.2011 to the Divisional Railway Manager for consideration of his case for appointment under Rehabilitation Assistance Scheme Since no action was taken on the said application, the petitioner moved the Central Administrative Tribunal of its Cuttack bench, Cuttack by filing an original application being O.A. No.422 of 2012 but the Tribunal did not entertain the Original application and as such, the petitioner is before this Court assailing the order passed by the Tribunal by way of this writ petition.

(3.) The petitioner while assailing the order passed by the learned Tribunal has raised the ground that the issue raised by him is squarely covered by the judgment rendered by this Court in the case of Krushna Chandra Nayak Vs. Railway Board, reported in 2012 (II) OLR 333 wherein, this Court in similar facts and circumstances has been pleased to hold that the circular dated 16.7.2010 will be applicable so far as the land having been acquired in the year 2001. He further submits that the order passed by this Court has been affirmed by the Honourable Apex Court in SLR (C) No.2484 and 2486 of 2015 against which review petition has been filed by the Railway Board which has also been dismissed by the Honourable Apex Court. On the basis of these grounds the learned Counsel for the petitioner submits that the petitioner is also to be given the benefit of appointment since the issue has already been decided by this Court and affirmed by the Honourable Apex Court.