KAMLAKAR SINGH Vs. SOUTH EASTERN COAL FIELD LTD

JUDGEMENT

(1.) THE petitioners have filed this petition being aggrieved by order dated 4.10.2000 by which the respondent no.2 General Manager, South Eastern Coal Field Ltd., Shahdol has rejected the claim of the petitioners seeking employment in the establishment of the respondents as land oustees in terms of the agreement entered between the parties.

(2.) THE brief facts leading to the filing of the present petition are that the land of the petitioners, comprising of 11.90 Acres of Khasra Nos.230 and 231 at village Devhara, District Shahdol alongwith other lands, were acquired by the respondent SECL for the purposes of constructing a colony. In the year 1981 the land in question was initially recorded in the name of Shri Ambika Pratap Singh, Shri Jagdambika Pratap Singh and Smt. Laxmi Singh. It is stated that in a conjoint meeting held on 21.1.1982, at the spot, in the presence of the then Minister of Law and Legal Affairs, State of M.P. it was decided that, in lieu of the land acquired, 20 family members of the land owners would be given employment by the respondents. It was also agreed that how many members of the family of each stake holder were to be given employment would be decided subsequently by the Minister concerned. Another meeting was held on 3.5.1982 for this purpose and it was decided that in lieu of 11.90 Acres of land of the petitioners' predecessors that was acquired by the respondents, a total of 8 persons would be given employment. The employment, as agreed to, was given by the respondents. Subsequently the petitioners, who were at the relevant time minor, attained majority and approached the respondents by staking claim for appointment on the ground that they being members of the family of the original land owner, were entitled to employment as out of the 8 persons who had been initially given employment, two persons were not members of the family and two brothers of the petitioners were not given employment and, therefore, in their place the petitioners be given employment. The authorities, after examining the claim of the petitioners, have rejected the same by the impugned order, being aggrieved by which the petitioners have filed the present petition.

(3.) THE respondents have filed a return and have stated that the claim of the petitioners is totally misplaced basically for the reason that against 11.90 Acres of land of the petitioners that was acquired, the respondent authorities have infact given employment to 10 persons on a list being submitted by the family members of the petitioners concerned and, therefore, no further employment can be given. It is also stated that the employment was in fact given to the concerned persons in the year 1983 whereas the claim for the same was made by the petitioners in the year 2000 i.e. nearly 20 years after the appointment of the persons and, therefore, the claim being delayed and misconceived deserves to be rejected.