1 2026:CGHC:18023-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 727 of 2026 1. Union Of India Through General Manager, South East Central Railway, Bilaspur, C.G. – 482004. 2. The Deputy Chief Personal Officer (Construction) South East Central Railway, District- Bilaspur, C.G. 495001. 3. The Deputy Chief Personal Officer (Construction) South East Central Railway, District- Nagpur, M.H. 440001.] 4. Deputy Chief Engineer (Construction) South East Central Railway, Nainpur, District- Mandla, M.P. 306104. ... Petitioners versus 1. Durgesh Kumar Yadav S/o Shri Shivdayal Yadav Aged About 43 Years Occupation Unemployed, R/o Village Khairapalari, Tehsil Kewlari And District Seoni (M.P.)-470666. 2. Collector Seoni, District Seoni, M.P. 480661. 3. Sub-Divisional Officer (R) / Land Acquisition Officer Seoni, District - Seoni, M.P. 480661 ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Ramakant Mishra, DSGI. For Respondents : None. Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sachin Singh Rajput Order On Board 21/04/2026 1. Heard. 2. Today, the matter is listed for orders on defaults. DEEPTI JHA Digitally signed by DEEPTI JHA 2 3. Having considered the facts and circumstances of the case, the default as pointed out by the Registry is overruled. 4. Also Heard on admission. 5. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India against the impugned order dated 12.08.2025 (Annexure-P/1) passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short ‘CAT’) by which the original application filed by the respondent No.1/land loser, has been allowed relying upon the Railway Board instructions dated 11.11.2019 holding that this issue has already been considered and decided by the Tribunal vide its earlier order dated 23.03.2022. Thereafter, this Court in WPS No.5804/2022 (Union of India Versus Vijay Jaiswal) also maintained the finding recorded by the CAT and dismissed the application filed by the petitioners. It further directed that if the land losers are otherwise eligible, necessary orders in this regard be issued within a period of three months from the date of receipt of a copy of this order. 6. Learned counsel for the petitioner would submit that the issue involved in the instant writ petition is covered by the decision rendered by the Division Bench in WPS No.5804/2022, in which this Court has observed in paragraphs 7 & 8 as under:- “7. ………... "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. 3 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" 8. Since this issue has already been decided by this Tribunal, which has also been affirmed by the Hon'ble High Court of Chhattisgarh, Bilaspur in WPS No.5804 of 2022 (supra), we direct the respondents to reconsider the case of the applicants for employment assistance in view of the observations made hereinabove and if they are otherwise eligible issue necessary orders in this regard within a period of three months from the date of receipt of a copy of this order.” 7. Since the issue involved in this writ petition has already been put at rest by the Tribunal, which subsequently came to be affirmed by this Court in WPS No.5804/2022 (Union of India Versus Vijay Jaiswal), we think it appropriate to direct respondents to re-consider the case of the petitioners, if any representation is made by them seeking employment, in view of the observations made in WPS No.5804/2022 in particular paragraphs 7 & 8, order accordingly and the petition is stands disposed of as such. 8. Interlocutory application(s), pending if any, also stand disposed of. Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge Deepti Jha