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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Sidheshwar Singh @ Sidheshwar Prasad S/o Sheopujan Singh – Appellant
Versus
Union of India through Chairman, Railway Board – Respondent
JUDGMENT :
Heard Mr. Vishal Saurabh, learned counsel appearing on behalf of the petitioners; Mr. Shivaditya Dhari Sinha, learned counsel for the Union of India and Mr. Raj Kishore Roy, learned GP-18 for the State.
2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter:-
"(I) For direction to the official Respondents to provide job by way of appointment as per their policy decision/Guideline taken by Respondent Authorities to provide job in Railway to one person per family whose 50% land or 0.2 Acres which ever less has been acquired or whose residential accommodation is acquired shall be treated to have been physically displaced or their livelihood materially affected shall be given employment in the Railway and as the pucca house of the petitioners have been acquired hence they are entitled to get job in Railway.
(II) For direction to the official Respondents to provide job in the Railway in light of the order dated 27.9.12 passed in CWJC No. 8283/05 (Amod Kumar & Ors. Vs. Union of India & Ors.) and in CWJC No. 15820/07 (Yadunandan Prasad & Ors. Vs. U.O.I.& Ors.) dated 10.10.12 passed by Hon'ble
No statutory provision for employment in lieu of acquired land; only compensation payable. Policy decisions providing jobs cannot override Land Acquisition Act, rendering them illegal.
The central legal point established in the judgment is the eligibility of land losers for employment under the Rehabilitation Scheme and the importance of considering all relevant facts in such cases....
The main legal point established in the judgment is that the appointment of land losers cannot be claimed as a matter of right and any government order providing employment to one member of a family ....
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