SURENDRA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to appoint the petitioner in the Power Grid Corporation.

(2.) ACCORDING to the petitioner he was cultivating the land belonging to his father -in -law which was acquired for construction of power sub station in the year 1987 and as such under the policy of the Power Grid Corporation he is entitled to be given employment as land oustee. According to him the fact that he is a land oustee would be evident from communication dated 25.7.1997 (Annexure -15) of the Block Development Officer, Biharsharif whereby he had forwarded the application to the Deputy Development Commissioner for appointment of the petitioner to any Class IV post in the National Thermal Power Corporation (for short NTPC) the predecessor -in -interest of the Power Grid Corporation.

(3.) MR . Kalika Nandan appearing on behalf of the petitioner submits that as the land in cultivation of the petitioner, although belonging to his father -in -law, was acquired, petitioner shall be deemed to be a land oustee and therefore, entitled to be appointed. He draws my attention to the policy of the Power Grid Corporation in regard to the facility to be given to land oustees. He points out that the petitioner being in physical possession of the land belonging to his father -in -law under Clause 2.2 of the said scheme, he shall be deemed to be land oustee. Relevant portion of Clause 2.2 of the scheme reads as follows: