Promissory estoppel binds State to employment assurance for donated land after decades of benefit and inaction.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.102/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/7200/2020 the Registry of this Tribunal.

i. MANDAMUS commanding the respondent no.3 and 4 to act in conformity with the order DSEJ/P/165-1/2017-18/4565-76 dated 4th of Jan. 2018 and provide the details of the petitioner to the respondent no.2.

ii. MANDAMUS commanding the respondent no.2 to consider the case of the petitioner for public employment in view of his father having donated two kanals of land for construction of Govt. Primary School, Jatta Brahmana, Tehsil Nowshera, Rajouri or, in the alternative to release land rent compensation, at prevailing market rates, in respect of the land of the petitioner whereupon said school has been constructed. Any other writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

2. The facts of the case as pleaded by the petitioner in his pleading are as follows: -

a) The applicant, Pardeep Kumar, is a permanent resident of the Union Territory of Jammu and Kashmir and the son of Late Sh. Sadhu Ram. The late father of the applicant was the recorded HARSHIT YADAV owner of land situated in Village Jatta Brahmana, Tehsil Nowshera, District Rajouri. In the year 1988, at the instance of the officials of the Education Department and in the presence of the then Block Education Officer, Dandesar, Late Sh. Sadhu Ram donated land measuring two kanals for the construction of a Government Primary School at Jatta Brahmana. The donation was made on a clear and unequivocal assurance extended by the departmental authorities that one member of his family would be provided public employment in lieu of the land so donated.

b) At the time of donation, the applicant was a minor and academically ineligible for employment. The departmental authorities, therefore, assured the donor that upon the applicant attaining majority and acquiring the requisite educational qualification, his case would be considered and adjusted against a suitable post, preferably in the Class-IV cadre of the Education Department.

c) The applicant subsequently attained majority and acquired the necessary qualification, being a matriculate. After fulfilling all eligibility conditions, he repeatedly approached the concerned respondents seeking implementation of the assurance given to his late father. Despite continuous follow-ups, no concrete action was taken by the respondents, compelling the applicant to run from pillar to post for several years.

d) It is pleaded that the Zonal Education Officer, Dandesar, acknowledged the factum of land donation and_ issued certification to that effect. The case of the applicant was forwarded by the respondent No.4 to the Chief Education Officer, Rajouri, who in turn submitted the land donation case to the Director School Education, Jammu, as early as July 2005. However, despite the lapse of several years thereafter, the applicant’s case was neither finalized nor taken to its logical conclusion.

e) The applicant further asserts that his mother submitted a representation in the year 2012 seeking appointment of the applicant against a regular Class-IV post in lieu of the land donated, particularly as the school had long since been constructed and was functioning on the donated land. Despite assurances by the departmental authorities during 2014-2016 that the case was under consideration, no tangible relief was granted.

f) On 04.01.2018, the Director School Education, Jammu issued an order under the subject “Land Co