CHINI THAKUR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel appearing on behalf of the Union of India and learned counsel for the State. The petitioners are aggrieved by non-implementation of the policy of the respondent/Union of India, Department of Railways as contained in letter bearing No. ECR/CAO/W/Land Employment/143/277 dated 9/18.1.2007 which contains, inter alia, that the members of the families displaced on account of acquisition of land on the southern bank of river Ganga Rail Bridge Project, Patna shall be provided with an employment. The scheme is meant for such members of the families whose minimum 50% of land or 0.2 Acre whichever is less has been acquired or whose residential accommodation is acquired.

(2.) From paragraph 1 of the writ application itself, it will appear that the petitioners seek direction to appoint them under the Department of Railways, Government of India for which remedy is available to him. Petitioners' case is covered by Section 14 of the Administrative Tribunals Act, 1985. Sub-section (1) of Clause (a) reads thus:--

(3.) It also appears that for similar relief petitioners had earlier approached the Central Administrative Tribunal by filing O.A. No. 69 of 2012 which came to be disposed of by an order dated 30.1.2012. In such circumstance, in my opinion, this writ application under Article 226 of the Constitution of India is not maintainable.