JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. K.R.Nair and Dr. Veena Nair, learned counsel, appearing for the appellants. Also heard Ms. Reena Singh, learned counsel, appearing for the respondent No. 1 in both the writ appeals.

2. Writ Appeal No. 116/2022 is presented against an order dated 31.01.2022 passed by the learned Single Judge in WPS No. 5226/2012 and Writ Appeal No. 121/2022 is preferred against an order dated 31.01.2022 passed by the learned Single Judge in WPS No. 3757/2013.

3. The petitioner in both the writ petitions are brothers. The subject matter in both the writ petitions emanates from appointment orders issued to them. The petitioner in WPS No. 5226/2012 was not allowed to join whereas the appointment of the petitioner in WPS No. 3757/2013 was cancelled after his joining. Since fundamentally common issue is arising in both the cases, these appeals are being disposed of by this common judgment.

4. Both the writ petitioners were appointed as Office Assistant Grade III (for short, OA-III) on probation for a period of two years. The petitioner in WPS No. 5226/2012 was not allowed to join as at the time of joining, he had submitted an affidavit stating that he was convicted alongwith others for the offences punishable under Sections 323/326/34 of the Indian Penal Code (for short, IPC) and was sentenced to undergo rigorous imprisonment for one month with fine of Rs. 500/- for the offence of Section 323/34 and to undergo rigorous imprisonment for two years with fine of Rs. 5000/- for the offence of Section 326/34 of the IPC.

5. The petitioner in WPS No. 3757/2013 had also submitted a similar affidavit.

6. Three brothers, namely, Mani Prakash Patel (petitioner in WPC No. 5226/2012) Chandrika Prasad Patel (petitioner in WPC No. 3757/2013) and Om Kishore Patel, owned a plot of land at village Pandripani. The land was acquired for the purpose of laying a pipe-line for 2X250 MW Dr. Shyama Prasad Mukherjee Thermal Power Station, Korba. It is the case of the petitioners that in view of the rehabilitation policy of the State Government, the family members or the owners of the land whose lands had been acquired, were entitled to employment in the industry for the benefit of which the land was acquired.

7. (i) The case of the petitioner in WPS No. 5226/2012 is that following that policy, an appointment order dated 10.10.2011 was issued appointing him to the post of OA-III and posting him in the office of the Chief Engineer (Human Resources) CSPGCL. Thereafter, the respondent No. 2, vide order dated 24.10.2011 posted the petitioner in the office of Project Manager, 1X500 MW, Korba (West), Extension Project, Korba, and in compliance of the orders dated 10.10.2011 and 24.10.2011, the petitioner reported for joining in the office of respondent No. 3 on 08.11.2011 and had submitted attestation form, declaration form, affidavit as required for character verification, medical certificate and other necessary documents. In the attestation form, he had mentioned that he was convicted by order dated 25.03.2003 under Sections 323/326/34 IPC and that an appeal, being Criminal Appeal No. 464/2003, is pending before this Court. By letter dated 15.11.2022, the respondent No. 3 informed the petitioner that his joining cannot be accepted and that necessary instructions had been sought for.

(ii) It is pleaded that his brother, namely, Chandrika Prasad Patel (petitioner in WPS No. 3757/2013), who was also given similar appointment by an order dated 31.07.2012, was posted in the office of Chief Engineer (Production), Hasdeo Thermal Power Station, CGSPCL, Korba West. He was subsequently posted by an order dated 14.08.2012 in the office of Superintending Engineer, Korba West. The joining report of the brother was accepted and he was allowed to discharge his duties.

(iii) Prayer was made seeking a direction to the respondent authorities to accept his joining and to allow him to work in the post of OA-III as per the appointment order dated 10.10.2011 and to mai