Appeal against dismissal of writ claim for employment under the land losers scheme after land acquisition by BCCL. The father had been offered employment but nominated a person found outside his lineage; the court upheld dismissal citing delay and lack of merit.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 450 of 2017
Govind Pramanik
… Respondents
CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Appellant : Mr. Sanjay Prasad, Advocate For the BCCL : Mr. Indrajit Sinha, Advocate Ms. Priya Agarwal, Advocate For the State : Ms. Mohini Gupta, AC to SC Mines-I --- Order No. 06 Dated 18th March, 2024
Heard the learned counsel for the respective sides.
This appeal has been preferred against the order dated 12.07.2017 passed by the learned Single Judge in W.P.(C) No. 681 of 2010.
It has been submitted by Mr. Sanjay Prasad, learned counsel appearing for the appellant that father of the appellant was offered appointment in the year 1989, but he had nominated one Bijay Bhandari and without considering the said nomination his claim for appointment under the land looser scheme was rejected.
Mr. Indrajit Sinha, learned counsel, appearing for the respondents has submitted that a detailed order has been passed on 31.12.2009 rejecting the claim of the writ petitioner and in fact the acquisition of the land had been taken place in 1982 and the offer of employment was already given to the father of the writ petitioner in the year 1989 and he has raised the dispute after several decades and therefore the learned Single Judge rightly dismissed the writ application.
The factual aspects reveal that the land measuring 17.64 acres in different plots of Mouza Chhota Kharikabad, Thana No. 54 including 4.21 acres belonging to Gobardhan Napit (father of the appellant) were acquired by BCCL
vide Land Acquisition Case No. 75 of 1980-81/ Project Case No. 71 of 1981-82 under the Land Acquisition Act, 1984. The compensation against the said acquisition was paid to the awardees on 11.02.1986 by the District Land Acquisition Officer, Dhanbad.
Since the writ petitioners were not being provided with employment, they had moved this Court in W.P.(C) No. 3495 of 2008 which was disposed of on 05.11.2009 with a direction to the respondents BCCL to decide the representation(s) of the said petitioners expeditiously. Consequently vide order dated 31.12.2009 the claim of the said petitioners was rejected which led to preferring a writ application being W.P.(C) No. 681 of 2010 which was dismissed on 12.07.2017 and which is the order impugned to the present appeal.
It appears from the order impugned to this appeal that no claim for appointment of the writ petitioner was made out moresoever in view of the delay of more than 20 years in approaching the respondents with respect to the said claim. It also appears that in the year 1989, the father of the writ petitioner/ appellant was offered an employment by BCCL and he in turn nominated one Bijay Bhandari who after enquiry was found not to be in the lineage of the father of the writ petitioner and therefore no employment was given to the said Bijay Bhandari. It is not the case of the writ petitioner that his father was not offered an employment and therefore he was deprived under the land loosers scheme.
As has been noted above, the father of the writ petitioner had nominated a person who was outside his lineage which came to surface on account of an enquiry conducted by the respondent BCCL, apart from the fact that there has been an immense delay in approaching this Court for redressal of his grievance and in such circumstances, therefore, we find that the learned Single Judge had rightly dismissed the writ application. Consequently this appeal stands dismissed as well. Pending I.A. also stands closed.
(RONGON MUKHOPADHYAY, J.)
(DEEPAK ROSHAN, J.)
MK
2 issues framed by the court
Was the appellant entitled to appointment under the land losers scheme despite his father's offer of employment in 1989?
Did the writ petition fail due to delay of over two decades and nomination of a person outside the lineage?
1 provisions across 1 enactments
Govind Pramanik
M/s. Bharat Coking Coal Limited through its CMD
The Director (Personnel), M/s. Bharat Coking Coal Limited
The Chief General Manager Area No. VI, M/s. BCCL
The Deputy Chief Personnel Manager, Area No. 6, M/s. BCCL
The Project Officer, Gandudih Khas, Kusunda, M/s. BCCL
Rongon Mukhopadhyay
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
