SUMITRA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) All these three writ petitions were heard together as common questions are required to be examined in all the three cases.

(2.) The brief facts, which require to be noticed for the purpose of adjudication are being taken from all the case files.

(3.) The petitioners in C.W.J.C. No.5751 of 2021 are resident of district Vaishali, while the petitioners in C.W.J.C. No.21778 of 2019 and C.W.J.C. No.21559 of 2019 are resident of northern side of Rail-cum-Road Bridge over river Ganga connecting Digha-Patna with Saran district. The lands of the petitioners and their parents were acquired by the State Government for the purpose of the construction of the rail-cum- bridge over river Ganga and commonly known as Ganga bridge. The area of the land acquired is mentioned in the said writ petition and while compensation was granted, the Railways Board vide its letter dtd. 27/1/2006 communicated its decision providing appointment on Group-C and D posts to at least one member of each family, whose lands were acquired for establishment of the said railway project. Vide circular dtd. 19/4/2006, the Railway Board directed the General Manager of All India Railway referring to the provisions contained in its earlier letter regarding appointment in the railway to the members of displaced families, as a result of acquisition of land for establishment of projects. It was stated that after due deliberations in the full Board meeting, it was decided that no compensation by way of offering employment to displaced persons should be given wherein only strip of land has been acquired but the same can be considered for appointment in Group-D post, wherein large area, house or substantial livelihood has been taken away/steps in the process. It also reiterated that cases where recruitment was already in progress or where any commitment has been given to provide employment such recruitment process should be finalized and employment should be provided on Group-D post. On 28/7/2008, the General Manager, Hajipur was directed that the East Central Railway to decide cases of employment of land losers locally as per para-2 of the Board's letter dtd. 19/4/2006. Vide letter dtd. 26/4/2011, it was further clarified as under:-