A maternal grandson does not qualify as a member of the 'affected family' under the Chhattisgarh State Model Rehabilitation Policy 2007, as the policy specifically enumerates eligible dependents and excludes maternal descendants.

(Cause Title Taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

1. Heard Mr. Ashutosh Shukla, learned counsel for the petitioner, Mr. Shashank Thakur, learned Additional Advocate General for the State/respondent No. 1 as well as Mr. Ghanshyam Patel, learned counsel for the respondents No. 2 to 6.

2. By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“10.1 The Hon'ble Court may kindly be pleased to call for the entire records.

10.2 That, the Hon'ble Court may kindly be pleased to declare the Para 2.1 (c) of the Policy 2007 issued by the respondent no. 1 ultra vires.

10.3 That, the Hon'ble Court may kindly be further pleased to quash the impugned letter dated 20/12/2019 (Annexure P/2) issued by the respondent No. 3.

10.4 That, the Hon'ble Court may kindly further be pleased to direct the respondent no. 3 to consider the candidature of petitioner for employment, that too w.e.f. date where other similarly candidates were considered for employment, and with all consequential benefits.

10.5 Pass such other and further orders as may be deemed fit and proper in the facts and circumstance of the present case in the interest of justice.”

3. The facts, as projected by the petitioner are that the land which was belonging to the petitioner’s maternal grand father, bearing bearing Khasra No. 961/1 (b), total area 1.32 acre situated in village Auraikala (Madwa), District Janjgir Champa, Chhattisgarh was acquired under the 2007, for the purpose of Pipeline installation under the Madwa Electrical Project. The said land was in the name of the maternal grandfather of the petitioner, namely Prahlad Prasad Pandey. After acquisition of the land, the respondent-CSPHCL invited applications for the post of 'Line Attendant' (Contract) from the displaced person(s) whose land were acquired for the Projects of the Company. The petitioner submitted application for grant of employment under the Rehabilitation Policy-2007 for the post of 'Assistant Grade-III/Line Attendant (Contract) on 31.05.2018 with particulars of land which was acquired by respondent No. 2. Thereafter the respondent-CSPHCL vide No. 01-04/PD-3/2595 Raipur, dated 10.10.2018 issued call letter to the petitioner for Physical EfÏciency Test for recruitment of the candidate who were affected by land acquisition for the post of Line Attendant (Contract), in which the Petitioner appeared and successfully cleared the physical test which was held on 16/10/2018. Thereafter the respondent No. 5/Chief Engineer (HR) CSPHCL, Raipur has issued letter to petitioner's maternal grandfather (Prahlad Pandey) asking him to submit land documents. The respondent No. 5 stated in its letter that his 1.11 acre land situated at village Auraikala had been acquired for Madwa-Tendubhata Project. For availing the rehabilitation benefit, he had to nominate the petitioner and the respondent No. 5 sought documents like B-1, Voter ID of land owner, owner, educational qualification, family tree, caste certificate, which were duly been submitted before the respondent No. 5. The petitioner's maternal grand-father also executed an afÏdavit dated 09.05.2018, stating therein that the land bearing Khasra No. 961/1(a) having area 1.32 acre owned by him in village Auraikala, District