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G. S. AHLUWALIA
Shobhit Patel – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the high court vs. central administrative tribunal (Para 2 , 3) |
| 2. jurisdiction and matters concerning recruitment defined (Para 5 , 7) |
| 3. discretion of central administrative tribunal over service matters (Para 6 , 8) |
| 4. acquisition policy's effect on recruitment (Para 10 , 11) |
| 5. previous case law applicability to current case (Para 13 , 14) |
| 6. final ruling and directions for reconsideration (Para 15) |
ORDER :
This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :—
ii) That, any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the case may also be awarded together with awarding the cost of these proceedings.
2. It is submitted by counsel for the petitioner that this Court by order dated 16-6-2023 passed in W.P. No. 2296/2023 in the case of Ashok Shrivastava vs. Union of India and others , as w
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 ....
Railway rehabilitation policy strictly limits employment to son/daughter/spouse of land losers, not grandchildren; delayed claims barred by laches.
The court affirmed that a land loser is entitled to employment under the Rehabilitation and Resettlement Policy, regardless of pending title disputes.
Parties cannot by agreement confer jurisdiction on a court that lacks the jurisdiction to adjudicate the matter; such stipulations are void and against public policy.
The court ruled that a grand-daughter qualifies as an 'other relative' under the Rehabilitation and Resettlement Policy of 2008, and her exclusion based on gender discrimination is impermissible.
The principle of fair inclusion in employment policies must be upheld, particularly in cases involving welfare schemes for land losers, despite technical qualifications.
The State's policy providing jobs to displaced persons supersedes application deadlines, ensuring claims are honored despite timelines, supporting social justice.
Government policies for employment of displaced persons must be enforced without imposing unjust limitations, ensuring the protection of their rights and entitlements.
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