The main legal point established in the judgment is the obligation of the appellant-corporation to provide suitable employment to the oustees in accordance with the Resettlement and Rehabilitation Scheme, and the court's interpretation of the entitlement to employment as per the Scheme.

JUDGMENT :

[Sushil Kukreja, J.]

1. The instant Letters Patent Appeal lays challenge to order dated 12.07.2016, passed by learned Single Judge of this Court in CWP No. 4971 of 2012, titled as National Hydro Electric Power Corporation Ltd. vs Karam Chand & Others, whereby this Court while dismissing the aforesaid writ petition directed the petitioner-Corporation to provide suitable employment to respondent No.1 Karam Chand (since deceased) or his family member in terms of the recommendation made by the Deputy Commissioner, Chamba, by clarifying that respondent No.1 (since deceased) or his family member would be entitled to appointment/employment, as per the requirement of the petitioner-Corporation and respondent No.1 (since deceased) shall have no right to claim employment, if any, on the basis of his qualification.

2. Precisely, the facts of the case, as emerge from the record are that the petitioner-Corporation (appellant herein) filed a Civil Writ Petition bearing CWP No.4971 of 2012, challenging the order dated 26.11.2011, (Annexure P3), passed by Deputy Commissioner, Chamba, whereby the petitioner-Corporation was directed to grant employment to respondent No.1 Karam Chand (since deceased) or his family member.

3. The background of the case is that earlier the respondent No.1 Karam Chand (since deceased) filed a Civil Writ Petition No.2714 of 2011, stating therein that he and his wife were owners in possession of the land and a house thereupon and land measuring 12 Biswances alongwith the house constructed thereupon was acquired for the purpose of construction of Chamera Hydro Electric Power Project Stage-II in District Chamba and due to acquisition of the land and house, respondent No. 1 (since deceased) had become houseless and as such, he was entitled to be given employment either to himself or one of his family members in accordance with the Resettlement and Rehabilitation Scheme, which was formulated to protect the interest of the oustees affected owing to acquisition of land for construction of the aforesaid project. Since respondent No.1(since deceased) had become houseless after acquisition of his land and house, the petitioner-Corporation is/was under obligation to provide employment to him or to one of the members of his family, therefore, respondent No.1, (since deceased) filed representation before the authorities concerned for employment, but despite repeated representations, no relief, whatsoever, was granted to him and as such, he was compelled to file the aforesaid writ petition bearing CWP No. 2714 of 2011 and vide judgment dated 02.05.2011, passed by the Division Bench of this Court in aforesaid writ petition, the Deputy Commissioner, Chamba, was directed to decide the pending representation of respondent No.1 and take decision in accordance with law within one month from the date of production of copy of judgment. Pursuant to aforesaid direction issued by this Court, Deputy Commissioner, Chamba, vide order dated 26.11.2011, passed a detailed order, whereby the case of respondent No.1(since deceased) for employment in the petitioner-Corporation was recommended. Vide aforesaid impugned order dated 26.11.2011, the petitioner-Corporation was also directed to consider the case of respondent No.1 (since deceased) and to provide a suitable job to one of his family members. Being aggrieved and dissatisfied with the impugned order, petitioner-Corporation approached this Court by way of filling of the present writ petition bearing CWP No. 4971 of 2012, which was dismissed vide judgment dated 12.07.2016 wherein the petitioner-Corporation was directed to provide suitable employment to respondent No.1 (since deceased) or his family member in terms of the recommendation made by the Deputy Commissioner. It was further directed that respondent No.1 or his family member would be entitled to appointment/ employment as per requirement of the petitioner-Corporation and respondent No.1(since deceased) shall have no right to cla