A writ petition seeking appointment to government employment and quashing of a rejection letter was dismissed. The court held that the petitioner's father already received the employment benefit and the petitioner was a minor in 1976.
Quashing of rejection letter and appointment in government service dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12673 of 2017
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Baliwant Singh @ Balwant Singh Yadav, Son of Sri Kesho Singh @ Sri Ram Kesho Singh, Resident of Village-Karamchat (Adampur) P.S.-Karamchat (Sabar), District-Kaimur (Bhabhau)
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Anjani Kumar - AAG4
Mr. Brajesh Kumar, AC to AAG4
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-10-2018
Heard learned counsel for the State and perused the records
of the case.
In the present writ petition, the petitioner is seeking relief for his appointment in the State Government employment on the ground that his entire land has been acquired under the
Patna High Court CWJC No.12673 of 2017 dt.01-10-2018
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“Durgawati Jalasay Priyojna” and has also made a prayer for quashing the letter no. 650 dated 27.04.2017 (Annexure – 9) by which Deputy Secretary Land Acquisition and Rehabilitation Department, Bihar, Patna has rejected the claim of the petitioner.
As per the claim of the petitioner that his entire land has been utilized in the construction of “Durgawati Jalasay Priyojna” and as per the Government Circular he is entitled for his employment in the Government service.
The land was acquired in the year 1976 and accordingly the list of land ousted was prepared of those persons whose entire land was consumed in the construction of that “Durgawati Jalasay Priyojna”. The name of the father, Sri Kesho Singh @ Sri Ram Kesho Singh was also listed and he was also given employment and in that list the name of the petitioner is not there.
At the relevant time, his age was only 15 years. As per the affidavit he has given his age is 46 years going back to the year 1976 certainly he will be minor. As per the Government policy only one member of the family was given the benefit of employment so the question of second benefit that too after long lapse of time does not arise.
This Court does not find any merit in this writ petition,
Patna High Court CWJC No.12673 of 2017 dt.01-10-2018
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accordingly, it is dismissed.
(Shivaji Pandey, J)
Vinay/Sunny
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 4.10.2018 |
| Transmission Date |
NA |
2 issues framed by the court
Whether a petitioner can be appointed to government employment for land acquired during the Durgawati Jalasay project given his father already received the benefit.
Whether the petitioner's claim for employment should be upheld when he was a minor in 1976 and faces a long lapse of time.
Baliwant Singh
State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
