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Supreme Court of India 2019-02-22 allowed

Anil Kumar vs Union of India & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The appellant's father's house was completely demolished for the Ara-Sasaram Railway Project in 2006. The appellant sought Group 'D' employment under a Railway Board policy circular dated 19 April 2006, which provided for employment to persons displaced by large-scale land acquisition. The Railways rejected the claim, arguing only a small strip of land (0.06 acres) was acquired. The High Court upheld this rejection. The Supreme Court held that the policy circular's language was disjunctive—covering cases where 'large area, house or substantial livelihood' was taken—and since the entire house was demolished, the claim fell within the policy. The court set aside the rejection as based on extraneous and irrelevant considerations, and directed appointment to Group 'D' within two months.

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Administrative Law Social Welfare Government Policy Railway Projects Land Acquisition Employment Mandamus Policy Implementation Interpretation of Government Circulars

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