GOVERNMENT OF INDIA Vs. E SHANMUGAVELU

JUDGEMENT

(1.) Admit. Ms. A. Arulmozhi, Learned counsel appearing for the respondent waives service. By consent, the appeal is taken up for final hearing.

(2.) In or about 1968, the Government of India, Department of Atomic Energy proposed to set up the units of Department of Atomic Energy in Kalpakkam and nearly 300 acres of land was acquired for the purpose of of setting up seven DAE units at Kalpakkam. The General Service Organisation (GSO) is one of the units of Department of Atomic Energy. The main responsibility of the GSO is to provide common services like medical facilities, but transport, estate management which includes civil and electrical maintenance, autoshop, etc. The beneficiaries of these services are employees (and their families) of research and development units of the Department, viz. , Bhabha Atomic Research Centre (BARC), Indira Gandhi Centre for Atomic Research (IGCAR), etc situated at Kalpakkam. The Government of India, Department of Atomic Energy has sanctioned some additional posts for the GSO with a view to provide adequate manpower to improve the services. With a view to fill up the posts in Group 'c', Group 'd', Auxiliary category, recruitment action was taken up in early 1997. In accordance with Government of India orders, these posts were notified to the District Employment Exchange at Kanchipuram for sponsorship of suitable candidates. Further, Circular No.20/97 dated 5.5.1997 was also issued inviting applications both from land-losers as well as from NMRs/hrs/casual Labourers working in the GSO at Kalpakkam. The petitioner, who falls in the category of land-losers, applied for appointment to the post of 'helper-B'. According to the petitioners, he has completed his X standard, which is the requisite qualification for the appointment in DAE according to Circular No.40/97 dated 16.9.1997. The petitioner was called for interview and the Selection Committee interviewed the petitioner along with other candidates and found him not suitable for the post of 'helper-B'. Being aggrieved, the petitioner filed the writ petition seeking a mandamus to the respondents to recruit the petitioner under land-losers category, who lost their land for setting up the DAE units, in the available vacancy notified under Circular No.40/97 dated 16.9.1997. The petitioner has alleged that most of the youth belonging to the land-losers family are eligible for recruitment as Helpers, Drivers and Tradesman, etc. But, the management has been insensitive to the rights and plights of the local people who have been making representations for more than a decade. No candidate has been chosen by the respondents from the land-losers category. The respondents filed counter affidavit in which it was, inter alia, stated that the petitioner was called for interview for the post of 'helper-B' in which due weightage was given as the petitioner falls under the category of land-losers, however, he did not qualify in the interview for the post he had applied and therefore, he could not be appointed. By the order under appeal, the learned single Judge ordered to the effect that the writ petitioner shall be given the post of 'helper-B' in the next available vacancy and directed that without appointing the petitioner, no person for the said post shall be appointed. In such circumstances, being aggrieved by the order of the learned Single Judge, the Union of India and the Department of Atomic Energy have preferred the present appeal.

(3.) Considering the respective submissions made by Mr. P. Wilson, Asst. Solicitor General appearing for the appellants and Ms. A. Arulmozhi, learned counsel appearing for the respondent, we are of the view that the learned single Judge has committed a serious error in directing the appellants to appoint the writ petitioner as 'helper-B' in the next available vacancy and further directing not to fill up the said post without appointing the writ petitioner. There is no dispute that the family members of the persons whose lands have been acquired by the Department of Atomic Energy for setting up DAE units of the Department are eligible for being considered for appointment in the various categories mentioned in Circular No.40/97. In fact, it is seen from the affidavit filed on behalf of Union of India and the Department of Atomic Energy that the land-losers have been duly considered for employment by the units at Kalpakkam and the list of the candidates appointed from the land-losers category is found at annexure IV to the counter affidavit. The petitioner, who falls under the category of land-losers, has no vested right to claim an appointment to the post in question. The land-losers who fulfil the conditions pertaining to qualification and experience required for the post are liable to be considered and if they are found to be suitable, they are liable to be considered for appointment.