Compassionate appointment for land oustees is a policy-based concession, not a statutory right, and applicants must strictly satisfy eligibility criteria—such as the minimum land contribution threshold—set by the competent authority in the interest of public policy.

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ASHWANI KUMAR MISHRA, J.

1. Since the controversy involved in these appeals are identical, they are being dealt with together by this common judgment. For the sake of convenience, the facts are extracted from LPA No. 1862 of 2019.

2. These two appeals arise out of a common judgment passed by the learned Single Judge dated 15.07.2019, whereby two writ petitions namely CWP Nos. 25720 of 2016 and 9817 of 2017 filed by the respondents-petitioners have been allowed. A direction has been issued to the appellants to consider the case of the respondent-petitioner for compassionate appointment in the land oustees category.

3. It transpires that for the establishment of Rajiv Gandhi Thermal Power Plant in village Khedar, District Hisar, land was acquired by resorting to compulsory acquisition under the Land Acquisition Act, 1894 by issuing notification under Section 4(1) in the year 1996 and declaration under Section 6 (1) in the year 1998. At the time of acquisition of land, there existed no policy of the State for providing compassionate appointment to the oustees (persons whose land has been acquired for the establishment of Thermal Power Plant).

4. On 19.05.2007, a statement was made by the Chief Minister of Haryana that one member from each family, whose land has been acquired for establishment of Thermal Power Plant, would be offered employment on the basis of qualification and eligibility criteria. 527 applications were received from the land oustees for grant of compassionate appointment. Considering the large number of applications as also the rehabilitation policy for the land acquisition of 1998 and rehabilitation policy of November 2010, the offer of compassionate appointment was restricted to each land oustee who had contributed more than 2 acres of land. The policy in this regard came to be notified by the Government of Haryana on 21.07.2011, which reads as under:-

"Hon'ble Chief Minister has to approved the special scheme of one eligible employment member of each of the families Thermal of oustees of Power Plant, Khedar (Hisar). Based on the proposal, the scheme be formulated and submitted for ex-facto of the approval post Cabinet. This scheme emanates out of CM announcement dated 19.05.2007 dispensation as a special for the families whose more than 2 acres of land has been acquired for Rajiv Gandhi Thermal Power Plant, Khedar (Hisar). He has also approved the proposal except that in the no relaxation educational qualification is to be given who are under middle or illiterate for the post of Peon. These people be employed as Beldar or unskilled workers for which no educational qualification is required.

He has also ordered that necessary relaxation from CS and FD be obtained in due course. Meanwhile the appointment letters be given as has been proposed in the note of FC, Power on pre-page 35/N."

5. As per the notification 133 persons were identified for grant of compassionate appointment in the land oustees category which did not include the petitioner. The representation made by the petitioner on 22.02.2017 was rejected vide communication dated 30.03.2017 (Annexure P-16) on the ground of laches. The appellant asserts that they had offered appointment based upon the list furnished by the Deputy Commissioner, Hisar, dated 24.05.2011 specifying the land oustees who have contributed more than 2 acres of land. The appellants informed the respondent-petitioner that since the land contributed by him or his family was less than 2 acres, as such he cannot be granted employment. The appellants also stated that the claim for c