1 2025:CGHC:36745-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 8663 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 - Laxmi Prasad Bhoore S/o Shri Somajee Bhure Aged About 41 Years R/o Ward No. 8, Pouniya, P.S. Pouniya, Distt. Balaghat, M.P., 481449 2 - Sanjay Patle S/o Shri Punamchand Patle Aged About 32 Years R/o Ward No. 15, Near Hirapur School Pouniya, P.S. Pouniya, Distt. Balaghat, M.P., 481449 3 - Vijay Kumar S/o Shri Ramdayal Aged About 26 Years R/o Ward No. 12, Pouniya, P.S. Katangi, Distt. Balaghat, M.P., 481449 HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.01 15:37:27 +0530 2 4 - Dinesh Nagpure S/o Shri Ramesh Nagpure Aged About 25 Years R/o Ward No. 7, Pouniya, P.S. Tirodi, Pouniya, Distt. Balaghat, M.P., 481449 5 - Sunil Bavistale S/o Shri Devaji Bavistale Aged About 32 Years R/o Ward No. 11, Khairi, Kumhari, Distt. Balaghat, M.P., 481001. ... Respondents WPS No. 8701 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 1 - Deepak Kumar S/o Shri Manak Lal Patle Aged About 21 Years R/o Pouniya, P.S. Katangi, Distt.- Balaghat (M.P.), 481449 2 - Pushpendra Patle S/o Shri Tejram Patle Aged About 27 Years R/o Ward No. 8, Near Government School Pouniya, P.S. Pouniya, Distt.- Balaghat (M.P.), 481449 3 - Komal Prasad Rahangdale S/o Shri Nekram Aged About 23 Years R/o Ward No. 8, Pouniya, P.S. Pouniya, Distt.- Balaghat (M.P.) 481449 3 4 - Pawan Kumar Lilhare S/o Mehtar Lilhare Aged About 31 Years R/o Post- Boda, Ward No. 3, Boda, District- Balaghat, (M.P.), 481001 5 - Sunil Bavistale S/o Shri Devaji Bavistale Aged About 32 Years R/o Ward No. 11, Khairi, Kumhari, District- Balaghat, (M.P.), 481001. --- Respondents 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 29.07 .2025 1. Since common question of law and facts are involved in both of these writ petitions, therefore, they have been clubbed together, heard together and are being disposed of by this common order. 2. Petitioners herein have preferred these writ petitions under 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 4 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 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 1 2022:CGHC:21658-DB 5 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. 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. 6 7. Accordingly, these writ petitions are liable to be and are hereby dismissed at admission stage. No cost(s). Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge Harneet