Criteria for employment of land losers prescribed by High Court.

P.D.DINAKARAN, J.

Heard both sides.

2. These writ appeals are directed against the directions given in W.P.Nos.10245 of 1997 and 5218 of 1996, preferred by the first respondents in each of the above appeal seeking a writ of Mandamus directing the respondents therein to comply with the Permanent proceedings (i.e.) Permanent B.P.(FB) No.3 (Administration Branch) dated 25-1-1990 and to give employment to one male member to each of the 241 families of Vallur Village, Thiruvallur District from whom the lands were acquired for North Madras Thermal Power Project in the North Madras Thermal Power Project and in Tamilnadu Electricity Board, in W.P.No.10245 of 1997 and a writ of mandamus directing the second respondent therein to appoint writ petitioner's family member R. Murugesan as Helper (Trainee) in the North Madras Thermal Power Project in compliance with the direction given in G.O.Ms.No.656 Labour and Employment dated 29.6.78 and proceedings permanent BP (FB) No.3, Administrative Branch dated 25.1.1990 of the Tamil Nadu Electricity Board, in W.P.No.5218 of 1996.

3. Whether the first respondents in the above appeals are entitled to employment as a matter of right or in any case as a matter of preference, as they or the members of their family were displaced due to the acquisition of their lands for the purpose of constructing housing quarters and laying of roads for the employees of the North Madras Thermal Power Project, is the issue that arises for our consideration in these appeals, even though they were concededly given market value for the lands acquired.

4.1. Probably, to soothe the land owners and to render the acquisition proceedings smooth, speedy and successful, the appellant/Board by proceedings dated 25.1.1990, of course referring to G.O.Ms.No.656, Labour and Employment, dated 29.6.1978 made a statement that the appellant/Board would provide employment assistance to one member of each family from whom the lands were acquired for the North Madras Thermal Power Project.

4.2. The proceedings of the appellant/Board dated 25.1.1990 reads as follows:

"TAMILNADU ELECTRICITY BOARD

ABSTRACT

RECRUITMENT - Employment assistance to one member in each family from whom lands have been acquired for North Madras Thermal Project - Ordered.

Administrative Branch

B.P.Per.(F.B.)No.3 Dated 25.1.1990

Thai 12, Sukhlak

Thiruvalluvar Anadu

21.

Read:-

G.O.Ms.No.656/Labour and Employment

dated 29.6.1978.

PROCEEDINGS:

In the G.O. read above the Government have permitted Public Sector undertaking to recruit without reference to Employment Exchange one member in each family which is displaced on account of acquisition of lands for any project of such Public Sector undertaking.

2. The Tamil Nadu Electricity board has acquired lands for the establishment of North Madras Thermal Power Project and giving employment assistance to the families from whom lands have been acquired as a measure of rehabilitation has been examined in consultation with the Collector of Chengai Anna District and Villagers. In order to get the area released from the Villagers for expediting the Project work, it has been agreed to provide them employment assistance relaxing the norms prescribed.

3. In the circumstances explained above, the Board after careful consideration directs that:

i) One male member in each family from whom lands have been acquired for construction of North Madras Thermal Power Project be appointed as Helper (Trainee) on consolidated wages in relaxation of rules relating to age and educational qualification wherever necessary.

ii) The period of training shall be for three years on consolidated wages at the rate indicated below:-

Rs.500/- P.M. for the first year

Rs.650/- p.m. for the second year,

Rs.800/- p.m. for the third year.

iii) Only one person in the family identified by the Collector, Chengai Anna District as eligible for employment assistance be appointed as Helper (Trainee).

iv) Only persons physically fit and suitable for the job be considered for such appointm