LAWS(SC)-2006-7-25

SOUTH EASTERN COALFIELDS LTD Vs. PREM KUMAR SHARMA

Decided On July 19, 2006
SOUTH EASTERN COALFIELDS LTD Appellant
V/S
PREM KUMAR SHARMA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench. Background facts leading to filing of the appeal are as follows : Respondent No.1-Prem Kumar Sharma filed a writ Petition before the High Court claiming appointment on the ground that he was a land loser. High Court by its order dated 8.8.2001 directed consideration by the Sub-Divisional Officer. Since the Sub-Divisional officer held that he was entitled to employment, a writ petition was filed by the appellant before the High Court. The High Court held that since the land of the respondent No. 1 had been acquired, he was entitled for compensatory appointment. The High Court gave the following directions:

(3.) Questioning correctness of the judgment, a Letters Patent Appeal was filed by the appellant before the Division Bench of the High Court. By the impugned judgment, the High Court modified the direction to the following extent: