Promissory estoppel binds public authority to permanent employment promise in registered Gift Deed for land donation, overriding general circulars.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/2489/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No. 1111/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

“i. An appropriate writ, order or direction in the nature writ of certiorari quashing Govt Order no. SEMU/Ts-450/4413-16 dated 29/9/2014 to the extent it tends to engage the petitioner on casual/Need basis instead of providing permanent employment in lieu of the land donated to the Respondent department on 6/8/2014;

ii. An appropriate Writ, order or direction in the nature of writ of mandamus commanding the respondents to provide permanent employment to the petitioner as agreed in terms of the Gift deed Executed on 6/8/2014 and registered in the competent court of law on 8/8/2014 between the petitioner and the respondent no. 3 and 4 and release all the consequential benefits in favour of the petitioner which he is entitled to under law; Any other relief which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.”

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

i. Briefly the facts of the case are that the real uncle of the petitioner namely Sh Jagdev Singh was owner in possession of property of land measuring 10 Marlas falling in Khasra No. 341 min situated at Netar Kothey, Barnai, Jammu.

ii. Since the PHE department was in dire need of land in order to construct and operate a tube cum pump room building in order to supply water to the near by locals/residents of the nearby locality and to overcome the drinking water shortage in the area approached the real uncle of the petitioner for purchasing the afore mentioned land.

iii. The real uncle of the petitioner instead of selling the land to the respondent department for monetary consideration volunteered to donate the land to the respondent department free of cost without taking any consideration by executing a gift deed and registering the same in the competent court of law and it was further mutually agreed between both the parties that the permanent respondent department shall provide a employment to one of the family members of the donor's family. A copy of the Gift deed Executed on 6/8/2014 and registered on 8/8/2014 before the competent court of law is enclosed as Annexure- A.

iv. It is not out of place to mention here that before executing the gift deed before the competent court of law an affidavit was filed by the real uncle of the petitioner soliciting for providing employment to the petitioner who is his nearest relative in lieu of the land being donated to the respondent department. A copy of the Affidavit dated 8/7/2014 duly filed by the real uncle of the petitioner before executing the gift deed is enclosed as Annexure - B.

v. On the basis of the aforesaid Gift deed executed between the petitioner and the respondent department. another agreement came to be executed by the respondent no. 4 whereby on the basis of the Gift Deed executed between the respondent no. 4, the real uncle of the petitioner and the petitioner herein in which it was agreed that petitioner being the nearest relative of the Jagdev Singh will be provided Employment in lieu of the donation of the A copy of the land to the respondent department Agreement dated 8/8/2014 is enclosed as Annexure - C.

vi. On the basis of same the Impugned Order no. SEMU/TS-450/4413-16 dated 29/9/2014 came to be passed by the respondent no. 3 whereby on the basis of the land donate