BHISMDEO SINGH Vs. EASTERN COALFIELDS LTD

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application was initially preferred by the petitioners praying for a direction upon the respondent authorities to provide employment/appointment to the petitioner No.2 in lieu of one acre of agricultural land used and utilized by the respondents for excavating coal in the year 1982 for which registered Sale Deed was also executed in favour of the respondents in the year, 1985. Subsequently, an interlocutory application being I.A. No.1616 of 2012 was preferred challenging the order of rejection dated 12/13/1/2000 (Annexure A to the counter affidavit) which came to the knowledge of the petitioners during pendency of this application; whereby the claim of the petitioner No.2 for employment has been rejected. The said I.A. was allowed vide order dtd. 11/9/2012.

(3.) Brief facts of the case as narrated in this application is that one acre of agricultural land of petitioner No.1 in Mauza-Kapasara, Mauza no.63 under Khata No. 45 and 50 under Nirsa Police Station, District-Dhanbad was used and utilized by the respondent company for excavation in the year, 1982 for which deed of registration was also executed in their favour in 1985. According to the policy, the respondent coal company was to provide one employment in lieu of 1 acre of land. The petitioner no.1 duly applied for his appointment in lieu of 1 acre of land which was also approved by the functional Directors of the Company in its meeting. However, the same was denied subsequently in view of the fact that petitioner No.1 crossed age of 36 years, as such petitioner No.1 made representation before the competent authority requesting therein that his son (Petitioner No.2) should be considered for employment. However, the claim of the petitioners for employment of petitioner No.2 in lieu of 1 acre of land has been rejected vide order dated 12/13/1/2000 on the ground that the earlier policy of 1:1 ratio has been changed in 2:1 ratio.