Applicant sought compassionate appointment after land acquired in 1971. Tribunal held Land Acquisition Act is silent on job grants. No merit.
Original Application dismissed. No costs.
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CENTRAL administrative TRIBUNAL
BANGALORE BENCH
Dated 30'" June, 2014
Pre-dellvery judgment for concurrence
OA/TA/RA/CP. No...558/2013
BETWEEN
Sri/Smt/Kum. Mahesh .... Applicant I AND il Union of India and another Respondents I I Dear Brother,
Draft order in the above mentioned case is sent for
'concurrence/approvai.
If approved, please pronounce it
(DR.K.B.SURESH)
MEMBER (J)
Hon'ble Shri Rudhra Gangadharan
MEMBER (A)
1
CENTRAL ADMINISTRATIVE TRIBUNAL
'
BANGALORE BENCH
I ^ ORIGINAL APPLICATION NO.558/2013
DATED THIS THE PiSTOAY OF JULY, 2014
j HON'BLE DR.K.B.SURESH, MEMBER (J)
iHON'BLE SHRI RUDHRA GANGADHARAN, MEMBER (A)
Shri Mahesh,! Son of Munirangaiah, Aged about 36 years, Residing at Hurulichikkanahalii, Chikkabanayara Post, Bangaiore - 560 090. Applicant
I ^ (By Shri M.S.Ananda Ramu, Advocate)
Vs.
I i|
1 .The Director,
Indian Institute I of Horticuitural Research,' (Indian Councii of Agricuitural Research), Hesargatta Lake Post, Bangalore - 560 089.
2.The Union of India, Represented by Secretary, Ministry of Agricuiture, Krishi Bhaivan,
New Deihi - 110 001. Respondents
(By Shri S.V.Shastri, Advocate for R-1)
ORDER
DR.K.B.SURESH. MEMBER fJ):
i The applicant claims that their land were acquired by the respondents in 1971 and in 1977 the Special Land Acquisition Thashildhar has issued a certificate saying i that the applicant falls under 11(a) and following this the Special Land Acquisiton Officer i requested thd respondents to provide an appointment to the applicant. Apparently it was not accepted. After 17 years the applicant had approached the Court requesting that he may be i given some compassionate appointment. Under what provision of law has the Special Thasildhar requested, applicant to be given a job, is not certain. Land Acquisition Act is ! silent about grant of jobs. From whom land was acquired, if a land was acquired for a public purpose it can be compensated by making appropriate payment. For grant of an employment ;without any specific instructions in this regard, the respondents can not be ■i compelled to [provide a job to the applicant. There is no merit in the OA. Original Application is dismissed. ,! No costs.
(RUDHRA qANGADHARAN) MEMBER (A)
(DR.K.B.SDRESH) MEMBER (J)
pm
2 issues framed by the court
Whether respondents can be compelled to grant compassionate appointment despite silence in the Land Acquisition Act.
Validity of a request by the Special Land Acquisition Thashildhar for compassionate appointment under unspecified provisions.
1 provisions across 1 enactments
Mahesh
Union of India
Director, Indian Institute of Horticultural Research
DR. K.B. Suresh
Shri Rudhra Gangadharan
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
