This petition sought a writ of mandamus for employment for the petitioner's daughter under the land-losers category at BHEL. The court held that the screening committee had completed its task and was functus officio after the cut-off date, dismissing the petition due to lack of application scrutiny by the committee.
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W.P.No.16945 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.16945 of 2018
M.Soundarrajan
…. Petitioner
-Vs-
…. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 28.05.2017, 28.08.2017 and 05.02.2018 to provide employment to the petitioner's daughter S.Gayathri under the category of land losers and pass necessary orders within the time that may fixed by this Hon'ble Court.
For Petitioner : Mr.P.Mani
For Respondents : Mr.John Zackariah
for M/s.Fox Mandal and Associates – for R1
Mr.R.Neethiperumal, Government Advocate – for R2
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O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 28.05.2017, 28.08.2017 and 05.02.2018 to provide employment to the petitioner's daughter S.Gayathri under the category of land losers and pass necessary orders within the time that may fixed by this Court.
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learned Judge has formulated a Screening Committee, before whom all applications submitted on behalf of land losers' family can be scrutinised and accordingly the job opportunity can be offered to at least one member of the family of the land losers.
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23.09.2011 by sending it through courier and thereafter given on 27.09.2011, 28.05.2017, 28.08.2017 and lastly on 05.02.2018. All these applications since
have not been taken into account either by BHEL or the Screening Committee, the petitioner has moved the present writ petition.
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The meetings of the Screening Committee shall be convened
by the District Revenue Officer and its Secretary will be the Tahsildar, Wallajah. If any difference of opinion crops up or any clarification is required, the same may be referred to the District Collector, North Arcot District for his consideration and opinion and be resolved accordingly.”
a Division Bench of this Court. The Division Bench passed an order on 29.09.2010, where inter alia the following has been stated.
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the other this matter has been dragged for years together. Therefore, it is high time that the entire issue be resolved by examining individual cases by the Screening Committee appointed by the learned Single Judge. While issuing the notification calling for applications from the displaced land owners, the Screening Committee should make it clear that no more applications would be received in respect of acquisition made for BHEL as per G.O.Ms.No.87 dated 27.01.1981. It should be endeavour of the Screening Committee to conclude the matter as expeditiously as possible and in any case, within a period of six months from date of receipt of a copy of this judgment. It is made clear that in case there are no immediate vacancies to accommodate these people, it would be open to the Screening committee to prepare a list of the candidates and depending upon the vacancies they could be given employment by BHEL, of course, with reference to the qualification required for the particular post.
respondent would contend that, the Screening Committee has fixed a cut-off
date as directed by the Division Bench as 23.09.2011 and before which, whoever made applications were summoned and final list of 125 candidates / applications
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were finalized and all those applicants were given jobs. Therefore, the issue of giving posting or appointment at BHEL to the land losers family has been given a quietus long back. Therefore, the present plea raised by the petitioner cannot be accepted or tenable and the writ petition is liable to be rejected, he contended.
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2011, 2017 and 2018.
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and ultimately the first respondent, through their subsidiary Society called INDCOSERVE wanted to offer some jobs that was accepted by 8 out of the 15 candidates. Insofar as the remaining candidates, 5 out of the 15 wanted to get judicial orders as they want to change the offer and posting to some other legal heir as they did not have direct legal heir and other two persons are concerned, one has died and another one is physically challenged person. Therefore, he wanted to provide the job opportunity to another legal heir and that issue could not be resolved.
05.07.2022
Index : Yes/No Internet : Yes/No KST To
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R. SURESH KUMAR, J.
KST
W.P.No. 16945 of 2018
05.07.2022
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2 issues framed by the court
Whether the screening committee constituted for land-losers employment is functus officio after fixing a cut-off date.
Whether a representation submitted to the employer but not the committee before the cut-off date can be entertained.
Colour shows how this judgement treated each authority
S. Lakshmi Prabha vs Government of Tamil NaduReferred¶25
"S.Lakshmi Prabha (vs) Government of Tamil Nadu and Others" in W.P.No.4113 of 1998 etc., batch
Unreported Writ AppealsFollowed¶30
Division Bench order dated 29.09.2010 in W.A.No.1275 of 2008 etc., batch
M.Soundarrajan
Bharat Heavy Electricals Limited
The District Revenue Officer Collectorate, Vellore
SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
