Adherence to Recruitment Rules and providing equal opportunity in public employment as mandated by the Constitution is essential.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for records of the 1st respondent in connection with the impugned order passed by him in Ref.No.BAP:HR:RMX:LS: dated 21.2.2014 and quash the same and further direct the respondents to provide employment to the petitioner on the basis of land losers category.)

1. The relief sought for in this writ petition is to call for records of the 1st respondent in connection with the impugned order passed by him in Ref.No.BAP:HR:RMX:LS: dated 21.2.2014 and quash the same and further direct the respondents to provide employment to the petitioner on the basis of land losers category.

2. The learned counsel appearing on behalf of the writ petitioner, states that the writ petitioner is the agricultural land loser and the valuable land belonging to the writ petitioner was acquired for the purpose of establishing Bharat Heavy Electricals Limited in Vellore District.

3. The fact regarding the acquisition of the land belongs to the writ petitioner is not disputed by the respondents. Undoubtedly, a Committee was constituted for the purpose of considering these land losers for providing an appointment in the respondent-Corporation. The Screening Committee, so appointed, has fixed certain terms and conditions for providing appointments.

4. The learned counsel appearing on behalf of the respondents made a submission that a batch of writ petitions were filed in W.P.No.4113 of 1998 etc., and this Court passed an order on 13.5.2008, which reads as under:-

“43. Therefore, this Court hereby orders appointment of a Screening Committee comprising of the following persons:-

1. The District Revenue Officer (North Arcot District) - Convener

2. The Revenue Divisional Officer, Ranipet

3. The Tahsildar, Wallajah - Secretary

4. The Additional General Manager (HR&C), BHEL, Ranipet

5. The Deputy General Manager (Law), BHEL, Ranipet

6. The Manager (HR), BHEL, Ranipet

The meetings of the Screening Committee shall be convened by the District Revenue Officer and its Secretary will be the Tahsildar, Wallajah. If any difference of opinion crops up or any clarification is required, the same may be referred to the District Collector, North Arcot District for his consideration and opinion and be resolved accordingly.

44. The District Collector (North Arcot) is hereby directed to notify the constitution of the Screening Committee and also give adequate publicity to the land losers to appear before the Committee with necessary records. The Committee shall examine the claims of all the writ petitioners (excepting those cases which have been rejected by this Court) within a period of three months from the date of receipt of a copy of this order and to recommend to BHEL for grant of suitable appointments to the eligible land losers. Till the said exercise is completed, the respondent BHEL cannot proceed with any other appointment to the categories which the land losers are eligible. In case where some of the land oustees are not able to be given employment, the respondent BHEL shall also direct the contractors engaged by them, to employ those persons as was done by the directions approved in the Banwasi Seva Ashram's case (cited supra).

45. In the result,

(a) The following writ petitions W.P. No. 27817 of 2005; and W.P. Nos. 10955, 11035, 11037, 11044, 11046, 11049, 11056, 11732, 27837, 27838 and 41184 of 2006 will stand dismissed.

(b) The following writ petitions which are of general nature will stand closed in the light of the directions already granted by this Court:-

W.P. Nos. 34838 and 41392 of 2005; and W.P. No. 27920 of 2007.

(c) All the other writ petitions listed below

W.P. No. 4113 of 1998;

W.P. No. 19761 of 1999;

W.P. Nos. 25971 and 41541 of 2005;

W.P. Nos. 524 to 527, 725, 7560, 10951 to 10954, 10956 to 10963, 11