D.Manivannan Vs The Government of Tamil Nadu

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records pertaining

¶16

https://www.mhc.tn.gov.in/judis

¶17

WP No. 18780 of 2018

¶18

to the order dated 09.12.2011 of the 3rd respondent in proceeding No. Rc.G3/ 42265/ 2011 and quash the same directing the respondents to consider the petitioner case for appointment in BHEL being a member of the family of a displaced land owner.

¶19

For Petitioner(s): M/s.R.Meenakshi

¶20

For Respondent(s): Mr,T.Chezhiyan Additional Government Pleader for R1 to R3 M/s. John Zachariah, for M/s.Fox Mandal & Associates for R4

¶21

ORDER

¶22

The petition has been filed to call for the records pertaining to the order dated 09.12.2011 of the 3rd respondent in proceeding No. Rc.G3/ 42265/ 2011 and quash the same directing the respondents to consider the petitioner case for appointment in BHEL being a member of the family of a displaced land owner.

¶23

The petitioner claims to be a member of the family which has lost lands

¶24

due to acquisition made by the Government for setting up the “Boiler Auxiliaries Plant” at Ranipet, Vellore District. The first respondent Government has assured employment assistance to the land owners who have lost their lands due to acquisition. The petitioner is one of the sons of the land owner whose land has been acquired for setting up the boiler plant. As the petitioner has not been given with any job he has given a representation to the third respondent

¶25

https://www.mhc.tn.gov.in/judis

¶26

WP No. 18780 of 2018

¶27

and on receiving the representation the third respondent has passed an order rejecting the claim of the petitioner. Hence the present writ petition has been filed by the petitioner.

¶28

Mr.T.Chezhiyan, the learned Additional Government Pleader for the respondents 1 to 3, submitted that a Screening Committee has been constituted in this regard and the Screening Committee will consider the claims for job assistance on merits. As per G.O.Ms.No.87 Industries Department dated 12.01.1981, no more application will be received in respect of acquisition made by BHEL. The Convener of the Screening committee and the District Revenue Officer, Vellore had convened a committee meeting on 07.09.2011. In the meeting it was discussed and decided to advertise in two Dailies calling for application for employment in BHEL in respect of the land acquisition made for BHEL, Ranipet. The advertisement has been published in Tamil Dailies 'Dinathanthi' and 'Dinamani' on 10.09.2011. The petitioner had also applied and proper enquiry has been conducted by the Tahsildar, Walajabad, Vellore and after getting the report the Screening Committee has conducted interview on various dates. The petitioner's name is found in Sl.No.116 of the rejection list. The claim of the petitioner was rejected on the ground that the ownership of the land was not established as per A.S.No.129/2013 and the same was also intimated to the petitioner. After a lapse of 6 ½ years the petitioner has filed this writ petition just as an after thought. As the petitioner was found ineligible, his application was rejected.

¶29

https://www.mhc.tn.gov.in/judis

¶30

WP No. 18780 of 2018

¶31

On perusal of the order dated 09.12.2011 it is seen that the order has been passed by the third respondent without assigning as to why the petitioner is not entitled to job as prayed by him.

¶32

The learned Additional Government Pleader submitted that if the petitioner makes a representation to the fourth respondent, the fourth respondent might consider the petitioner's eligibility once again as per the prevailing rules and pass an order to that effect.

¶33

In view of the above submissions, the Writ Petition is disposed and the proceedings of the third respondent in proceeding No. Rc.G3/ 42265/ 2011 dated 09.12.2011 is hereby quashed and the petitioner is granted liberty to make representation to the fourth respondent in this regard within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same the fourth respondent shall conduct an enquiry and pass orders in accordance with the Rules and Scheme, within a period of four weeks thereafter. No costs.

¶34

03-04-2025

¶35

Index:Yes/No

¶36

Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No bkn

¶37

https://www.mhc.tn.gov.in/judis

¶38

WP No. 18780 of 2018

¶39

To