JITENDRA AND OTHERS Vs. KOMAL KEWAT AND OTHERS

JUDGEMENT

(1.) Respondent No.1/writ petitioner has filed Writ Petition No.7968/2009 before this Court challenging the appointment of the private respondents of the writ petition. The said writ petition was disposed of vide order dated 25/01/2018 by issuing certain directions. One of the such direction is that the official respondents are directed to scrutinize the appointment of 516 persons already made in light of the M.P.R. & R. Policy and Coal India Policy, 2012. The review petition has been filed on the ground that the applicants have not been impleaded as parties in the said writ petition and their appointments were made under Coal India Policy, 2008, therefore, they are apprehending that while scrutinizing the cases for appointments, their services may likely to be terminated and in such circumstances, the applicants have filed this review petition for recalling of the order dated 25/01/2018.

(2.) The facts, in the present case, are that the land admeasuring 1729.59 acres situated in Village Aamadant, Nimha and Kuhka was acquired by the State Authorities at the request of Central Government for the purposes of Mining Rights to be exercised by SECL during the year 2004-05 under the provisions of Land Acquisition Act, 1894. The acquisition was challenged before this Court in W.P. No.13561/2005 (PIL) filed by one Naresh Singh and others in other writ petitions. The writ petitions were disposed of by order dated 12/11/2008 passed by the Division Bench of this Court. While disposing of the said writ petitions, the Division Bench had observed that the provisions be made to ensure that the tribal residing in scheduled areas are not exploited and their rights over the land are protected. For the said purpose, the Court has directed the SECL and the State Government to provide the rehabilitation facilities to eligible persons in accordance with the policy of September, 1991 of the State Government.

(3.) The order dated 12/11/2008 passed by the Division Bench of this Court was challenged by the SECL before the Supreme Court. The Supreme Court vide order dated 16/02/2009 stayed the order passed by the Division Bench of this Court subject to compliance of rehabilitation as directed by the Division Bench of this Court. The order dated 16/02/2009 was modified by the Supreme Court vide order dated 25/03/2010 directing the respondents to comply the Rehabilitation Policy of 1991 as amended by the State Government vide orders dated 31/12/1995, 23/03/1996 and 31/09/1998. The Coal India has also issued R & R Policy in May, 2008. At the rate of one employment for two acres, 864 appointments were to be made. Later on the appointments were to be made on 899 posts. As per the M.P.R. & R. Policy and as per the directions issued by this Court and the Supreme Court, the employment was to be offered in accordance with the MPR & R Policy, 1991 and subsequent amendments. The proposal for employment of 730 persons was sent and out of these 730, 303 appointments were approved. After approval, the official respondents started giving appointments to the applicants in violation of MPR & R Policy, therefore, respondent No.1 filed Writ Petition No.6649/2009 before this Court. On the undertaking of the respondents that the appointments shall be made in accordance with the Policy of 1991 and in case still the vacancies are left, then the Coal India Policy, 2008 will be followed, the writ petition was disposed of by order dated 17/07/2009. On the next very next day, the appointments in respect of 108 persons were issued again in violation of MPR & R Policy, therefore, Writ Petition No.7968/2009 was filed before this Court.