EASTERN COALFIELDS LTD. Vs. SK. AMJAD MAJI

JUDGEMENT

(1.) The intra court appeal [A.P.O. No. 127 of 2019] and stay application [G.A. No. 1957 of 2019] are presented by the M/s. Eastern Coalfields Ltd. (hereinafter referred to as 'ECL') and its Chairman-cum-Managing Director and the Director (Personnel) questioning the judgment/order dated 3rd May, 2019 passed by the learned Single Judge whereby the writ petition was allowed by directing the appellants herein within two weeks from the date of communication of the impugned order to obtain the police verification report in respect of the writ petitioner and also send the writ petitioner for medical test and it was also directed that if the reports are favourable, then the employment was directed to be given to him upon compliance of other formalities within a period of three months from the date of the communication of the order. Being aggrieved by and dissatisfied with the direction of providing employment to the writ petitioner the appellants have preferred the intra court appeal and the stay application which are disposed of by the common judgment with the consent of the parties.

(2.) The writ petitioner namely, Sk. Amjad Maji is the grandson of Sk. Kubed Maji. The case made out in the writ petition by Sk. Amjad was based on the fact that plots of land situated within Dag No. 1935, 1925 and 1927 under Khatian No. 468, J.L. No. 23, Mauza Pariharpur, Burdwan measuring more than one acre was purchased by the concerned authority of the ECL for mining. Under the scheme namely, "Guidelines For Determining Eligibility of The Candidate To Be Appointed From Land Losers'' framed by the appellants, the proposal for employment of Sk. Kubed (grandfather of the writ petitioner) was approved vide order dated 16th August, 1993 under Ref. No. A /Gir /Survey/9/C-6/93/2055, upon Sk. Kubed being found eligible to get such appointment under the said scheme. The order dated 16th August, 1993 issued by the appellants on appointment of Sk. Kubed is quoted in the judgment under appeal. Though it is not spelt out in the writ petition the actual reason for not employing Sk. Kubed in spite of the said order dated 16th August, 1993 but from paragraph 4(f) of the affidavit-in-opposition used on behalf of the appellants before the learned Single Judge it appears that due to death of Sk. Kubed the process of employing him under land loser category could not be made complete.

(3.) Thereafter, Sk. Irshad Maji (father of the writ petitioner) laid his claim being the nominee of Sk. Kubed for being appointed under land loser category in terms of the said scheme where provisions have been made for providing employment to the nominee of the deceased land loser. The appellants examined the possibilities of providing employment to Sk. Irshad which appears from one memo dated 29th December, 1997 issued by Director (Personnel) ECL addressed to the then General Secretary, CMU, (INTUC). Clause 2 of the said memo dated 29th December, 1997 is quoted below: