Basudeb Das v. Union Of India And ORS.
04.11.2024 Item No. 39 Crt.No.02 b.r. WPA 4852 of 2024 Basudeb Das -vsThe Union of India & Ors.
Mr. Ratan Das .... For the petitioner.
Mr. Sahasrangshu Bhattacharjee Mr. Rivu Dutta Mr. Rhitam Chatterjee .... For the Respondents.
Affidavit of service filed in Court today, is taken on record.
Mr. Ratan Das, learned advocate appears for the petitioner.
Mr. Sahasrangshu Bhattacharjee, learned counsel appears for the respondents.
The petitioner claims to be the land-loser. His land was acquired by the railways for public purpose. Compensation was determined. According to the petitioner, 80 per cent of the compensation has been paid but the rest 20 per cent has not been paid.
The deceased wife of the petitioner during her life time with the consent of the petitioner applied for an employment with the Railways as
compensatory employment against acquisition of land. The wife died on January 5, 2023. During the lifetime of the deceased wife of the petitioner, no appointment was granted to her. In the meantime, since the health of the deceased wife of the petitioner deteriorated rapidly and she became incapable to perform any employment, she submitted her No Objection before the Railway authority so that an employment can be granted to her son, namely, Binoy Kumar Das. The son then submitted an application seeking compensatory employment as would be evident from Page-21 to the writ petition.
Be that as it may, learned counsel for the Railways submits that respondent no.2 is the jurisdictional and appropriate authority to consider the case of the petition for granting employment in favour of his son, Sri Binoy Kumar Das.
Accordingly, Sri Binoy Kumar Das shall visit the office of the respondent no.2 within a period of one week from date with all his records and documents when the respondent no.2 shall assist the said Binoy Kumar Das to submit the necessary statutory form to claim compensatory employment. The said Binoy Kumar Das, who shall visit the office of the respondent no.2 shall positively be
accompanied by the petitioner. Both the petitioner and Sri Binoy Kumar Das shall file their independent respective affidavits before the respondent no.2 disclosing their respective identity documents and subject to the satisfaction of the respondent no.2 thereupon, Sri Binoy Kumar Das shall be allowed to submit his application. Such affidavit shall be shown before the jurisdictional First Class Magistrate where the residence of the petitioner and Sri Binoy Kumar Das are situated. After compliance of the aforesaid formalities, Sri Binoy Kumar Das will be allowed to submit the statutory application seeking compensatory employment against the acquisition of land of the petitioner.
In the event such an application is submitted then the respondent no.2 shall consider the same and inform the fate of it to the petitioner and Sri Binoy Kumar Das with reasons positively within a period of four weeks from the date of submission of the said application.
In the event, the application of Sri Binoy Kumar Das is considered and allowed for employment then the appropriate authority of the Railways shall take all necessary and consequential steps and shall issue the necessary appointment
letter in accordance with law positively within a period of eight weeks from the date of consideration of the said application to be submitted by Sri Binoy Kumar Das.
It is however made clear that this order shall not create any right or equity in favour of Sri Binoy Kumar Das, if he is not otherwise eligible to receive the employment strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above terms, this writ petition, WPA 4852 of 2024 stands allowed, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)