The main legal point established in the judgment is the ineligibility of the nominee for employment under the 'Guidelines For Determining Eligibility of The Candidate To Be Appointed From Land Losers' due to the purchase of land after its use by the ECL, and the relevance of delay and acquiescence in approaching the Court.

JUDGMENT

Saugata Bhattacharyya, J. - 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 3r d 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 16t h 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 16t h 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 16t h 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 29 th December, 1997 issued by Director (Personnel) ECL addressed to the then General Secretary, CMU, (INTUC). Clause 2 of the said memo dated 29t h December, 1997 is quoted below:

'2. Case of Sri Irshad Maji son of Sk. Kubed Maji. Previously employment was approved in the name of Kubed Maji which was communicated to the area in March, 93. Subsequently, the case was processed for employment for Irshad Maji s/o. Kubed Maji and all the clarifications asked from the area has been received and the case is under process.'

4. From the documents annexed to the pleadings it appears that this memo dated 29 th December, 1997 is the sole document relating to employment of Sk. Irshad. Sk. Irshad in spite of issuance of memo dated 29 th December, 1997 by the appellant No. 3 was not provided with employment. No contemporaneous steps were taken by Sk. Irshad for taking the process of providing appointment in his favour which was initiated by the appellants to its logical conclusion. From the writ petition it appears that Sk. Irshad made representation on 25 th June, 2012 addressed to the Chief Personnel Manager, Sripur Area, ECL, Dist. Burdwan requesting for providing appointment to his