SUBASH SINGH Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-1-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 31,2020

Subash Singh Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

BASHIR AHMAD LONE VS. STATE OF J&K AND OTHERS [REFERRED TO]


JUDGEMENT

Sindhu Sharma,J. - (1.)A chunk of petitioner's land measuring 10 marlas land was acquired by the Public Health Engineering Department-respondents for construction of reservoir in the year, 1988 and promised that they would provide government employment to one member of the family. On their assurance, the father of the petitioner agreed to donate the land to the respondents. It is submitted that in terms of SRO 181 dated 03.06.1988 an appointment would be given to one of the family members, who is left with 50% or less than their agriculture Land on account of having been acquired by the Government for public purpose and it shall be made without any reference to the recruitment board concerned against a post available at the lowest cadre for which such a person is eligible.
(2.)Grievance of the petitioner is that the respondents have acquired the land in 1988 but they have not appointed the petitioner till date. It is submitted further that since the respondents have acquired the land in 1988, but the respondents have not considered the case of the petitioner as he has no source of income other than the land. It is submitted that the respondents have neither appointed him nor they paid the compensation for the land acquired by them for construction of reservoir, as such, they are liable to pay compensation at the present market rate prevalent presently or in the alternative, as such, the petitioner is entitled and eligible for employment in the respondents department.
(3.)The petitioner in this petition seeks by writ of mandamus commanding the respondents to appoint the petitioner to the post of class-IV employees in terms of SRO 181 of 1988 in lieu of land acquired by the department from the petitioner. In the alternative directions in the nature of mandamus to the respondents to pay compensation to the petitioner for the land acquired by the department at prevailing market price along with damages for use and occupation of the land.
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