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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
C. Sarala Manavalan - Appellant
Versus
Bharat Heavy Electricals Limited, Rep.by The Manager – HR, Ranipet - Respondent
W.P. No. 34891 of 2015
Decided On : 16-06-2022
Land Losers - Employment - Writ Petition - Article 226 - [Appointment of Screening Committee, Cut-off Date for Submission of Applications, Recruitment Rules, Equal Opportunity in Public Employment] - The court discussed the appointment of a Screening Committee, the cut-off date for submission of applications, and the importance of following recruitment rules and providing equal opportunity in public employment. The court emphasized that special schemes for appointments should be restricted to ensure equal opportunities for all eligible persons as mandated by the Constitution of India.
Fact of the Case:
The writ petition sought to quash a letter issued by the respondent and direct the respondent to provide employment to the petitioner's daughter. The petitioner's land was acquired for establishing a company, and a Screening Committee was appointed to consider land losers for appointments.
Finding of the Court:
The court found that the petitioner did not submit her application before the cut-off date set by the respondent, and leniency could not be shown at this point. The court emphasized the importance of following recruitment rules and providing equal opportunity in public employment.
Issues: The main issue was whether the petitioner's daughter should be provided employment by the respondent company considering her educational qualifications under the category of displaced land owners/land losers.
Ratio Decidendi: The court held that all appointments must be made in accordance with the Recruitment Rules in force, and special schemes for appointments should be restricted to ensure equal opportunities for all eligible persons as mandated by the Constitution of India.
Final Decision: The writ petition was dismissed, and no costs were awarded.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to the Letter dated 21.07.2015 issued by the respondent in his office Ref:No.BAP:HR:RMX:LS, quash the same and direct the respondent to provide employment to one of the petitioner's daughter namely M.Sujatha aged 38 years in the respondent company considering her educational qualifications under the category of displaced land owners/land losers within the time that may be fixed by this Honorable Court.)
1. The relief sought for in this writ petition is to call for the records relating to the Letter dated 21.07.2015 issued by the respondent in his office Ref:No.BAP:HR:RMX:LS, quash the same and direct the respondent to provide employment to one of the petitioner's daughter namely M.Sujatha aged 38 years in the respondent company considering her educational qualifications under the category of displaced land owners/land losers within the time that may be fixed by this Honorable Court.
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 respondent. 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 respondent 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 main legal point established in the judgment is that special schemes for appointments should be restricted to ensure equal opportunities for all eligible persons as mandated by the Constitution o....
Adherence to Recruitment Rules and providing equal opportunity in public employment as mandated by the Constitution is essential.
The main legal point established is that appointments must adhere to Recruitment Rules and provide equal opportunity in public employment as mandated by the Constitution.
Delay and laches can bar a petitioner from seeking redress, and the court may refuse to exercise its discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to....
Claims for employment related to land acquisition must comply with statutory provisions, and significant delays can bar such claims.
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