RBE No. 86/1985: Appointment – Group ‘C’ & ‘D’

S.N.

Clarification sought

Ministry’s clarification/ decision

(i)

In case the property belongs to Hindu Undivided Family, weather only one member belonging to the undivided family will be offered job on preferential basis.

Only one member per family.

(ii)

In case the land gets divided amongst a number of relatives, the size of land acquired may be very small and correspondingly the compensation paid may also be small. This may also become the basis on which each family may ask for preferential treatment. Hence, it is felt that the minimum size of the land acquired should be laid down for which such preferential treatment for giving job can be considered.

If the land gets divided between members of Hindu Undivided Family, this fact we be taken into account and the guidelines contained in Ministry of Railway’s letter of even number dated 09.06.1983 applied. If the division of Hindu Undivided Family had taken place shortly before acquisition of land, the Railway Administration would be well within its right to stipulate that only one member of the undivided family will get employment. If there is persisting dispute about it, it may become necessary not to offer employment to any of the rival claimants.

(iii)

Where, in addition to compensation, any other benefit has been given by the State Government or in cases where alternative cultivable land is given to the persons, whether they will not be entitled to any such preferential treatment in the matter of employment on Railways.

No appointment should be given if alternative cultivable land has been allotted by State Government. As regards other benefits, the nature of benefit should be taken into account in applying the guidelines contained in this Ministry’s letters of even number dated 01.01.1983 and 09.06.1983.

(iv)

As far as Group ‘D’ posts are concerned, they may be engaged only on the concerned projects as casual labour and if so, whether they will seek their chances for regular absorption along with others in the normal manner so as not to affect the chances of existing casual labour/ substitutes for such absorption.

In cases where the word has accepted the employment as casual labourer, he has to wait his turn for absorption in regular employment along with other casual labourers.

(v)

It is suggested that such preferential treatment for giving jobs in Group ‘C’ posts can be given by railways themselves on the lines of that for compassionate ground appointment i.e. selections being done through a Committee of three officers without associating a member of the Railway Service Commission (now Railway Recruitment Board).

Associating a member of the Railway Service Commission (now Railway Recruitment Board) has been deliberately stipulated this condition will continue to apply.

(vi)

In case a displaced person gets compensation from the State Government for his land acquired by the Railway then whether he or his children will be eligible for appointment on the Railways.

Such cases where displaced persons had got compensation through the State Government may be dealt with in the light of instructions contained in Ministry’s letter of even number dated 09.06.1983.

(vii)

Whether the instructions referred can be applied for deposit works where the land is being acquired by the Railways.

It may be noted that normally the principal party for whom deposit work is to be executed by the Railway should acquire the land themselves. If, however, Railway agrees to acquire the land for a Government Department or a Public Undertaking in rare cases, for execution of works for them as a deposit work, there should be written agreement that responsibility for employment will be that of the party for whom the deposit work is to be executed by the Railways. In other words, the instructions in this Ministry’s letters of 0.01.1983 and 09.06.1983 cited above do not apply to deposit works.