LAWS(JHAR)-2018-9-67

FEKWA KOIRI Vs. STEEL AUTHORITY OF INDIA

Decided On September 28, 2018
Fekwa Koiri Appellant
V/S
STEEL AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) In the captioned writ application, the petitioners have inter alia prayed for direction upon the respondents to forthwith complete the process of appointment of the petitioners being displaced persons on compassionate ground as per the scheme of Steel Authority of India Ltd., Bokaro Steel Plant and to issue appointment letter in favour of petitioners.

(2.) The facts, as delineated in the writ application, in brief is that the residential house including agricultural land were acquired by the State for establishment of Bokaro Steel Plant, the Unit of Steel Authority of India Limited. Against such acquisition, the respondents framed a scheme to provide job to such displaced persons, whose land and/or residential house were acquired for the purpose of establishment of Bokaro Steel Plant, in which, category 1 is for such persons whose residential house as well as the agricultural land were acquired. The petitioners being displaced persons enrolled themselves in employment exchange and the respondents, who were in the need of Khalasi prepared a panel in the year 1991 for appointment on the said post vide notification dated 05.09.1991, in which, the name of the petitioners found place, but later on the respondents intimated that no appointment is going to be made vide such notification. Aggrieved thereof, C.W.J.C No. 2459 of 1995 (R) was filed, which was allowed with direction to appoint the persons whose name finds place in notification dated 05.09.1991. Against that, the SAIL preferred appeal by filing L.P.A. No. 161 of 1996(R), which was disposed of confirming the order passed by learned Single Judge with certain modification. But, even after disposal of appeal, when the impuned order passed by Division Bench was not complied with, the writ petitioners filed contempt petition being M.J.C No. 139 of 1999 (R), which was disposed of with consent of parties vide order dated 01.08.2000 with specific and mandatory direction including with a direction to comply with the order passed by the Court. In compliance thereto, respondent no. 3-the Director, Project land and Rehabilitation issued general notice vide memo dated 07.08.2000 inviting applications from the displaced persons along with requisite information. Pursuant thereto, the petitioner along with other candidates whose name were found place in the list prepared by the respondents were called for interview and their names were included in the list prepared by respondents-SAIL, but the process of interview could not be completed as State officials did not attend the interview on account of strike called by nongazetted employees. It has further been averred that a list of 1063 persons, who were residing in slag dump area and whose land and/or house were acquired by SAIL, was verified by D.P.L.R and after verification, 178 displaced persons out of the said list were given employment. Thereafter, a tripartite agreement was signed between the management, displaced and the then Deputy Commissioner, and as per agreement some persons were given employment out of the same list but till date the petitioners have not been given appointment in lieu of lands acquired by the respondents-SAIL.

(3.) Heard Mr. V.K. Prasad, learned counsel for the petitioner and Mr. V.K. Dubey, learned counsel for the respondents-SAIL.