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S. M. SUBRAMANIAM, C. KUMARAPPAN
Chairman, the Tamil Nadu Electricity Board – Appellant
Versus
Vada Chennai Anal Min Nilayam – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 23.04.2019 passed in W.P. No. 31158 of 2012.
1. The writ order dated 23.04.2019 in W.P. No. 31158 of 2012 is sought to be set aside in the present writ appeal.
2. The Tamil Nadu Electricity Board is the appellant before us. The respondent-association was registered for the benefit of land losers. The Government acquired land for developing Thermal Power Project plant at North Chennai and lands were acquired in the year 1987. The lands acquired are utilized for developing Thermal Power Project. The scheme was approved for rehabilitation of land losers. The TANGEDCO Board approved the scheme. Under the Scheme, terms and conditions and eligibility are contemplated. The eligible land losers/legal heirs of land losers were provided with appointments based on the applications submitted by the respective land losers. The first respondent-association was formed in the year 2002, after a lapse of about 14 years from the completion of acquisition proceedings. The Association submitted a representation stating that all the members of the association are be appointed in the sanc
Associations cannot maintain writ petitions for employment on behalf of members; individual eligibility must be assessed per the welfare scheme.
Claims for employment related to land acquisition must comply with statutory provisions, and significant delays can bar such claims.
Employment assistance claims under rehabilitation schemes must be timely and supported by evidence of eligibility, particularly regarding the dependency on acquired land.
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....
Withdrawal of scheme for employment of land losers bars their claim for employment.
Adherence to Recruitment Rules and providing equal opportunity in public employment as mandated by the Constitution is essential.
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 Sc....
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.
The main legal point established in the judgment is that the appointment of land losers cannot be claimed as a matter of right and any government order providing employment to one member of a family ....
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