- (1.) - Special leave granted.
(2.) We have heard learned counsel on both sides.
(3.) The Damodar Valley Corporation (for short 'DVC ' ) is the appellant herein. The appeal is directed against the order of the Division Bench of the Calcutta High Court affirming the order of the learned single Judge. The dispute is about the manner of absorbing the displaced persons. The details have been set out in the judgment of the Division Bench. Now 91 petitioners claiming to be displaced persons filed the writ petition through their Union in a representative capacity. The learned single Judge held that these 91 persons are entitled to be absorbed by the DVC as per law and accordingly the DVC was directed to absorb them without any delay. The learned single Judge also held that all the said 91 persons by their affidavits have been able to prove the authenticity of their respective title in respect of the respective land. Accordingly, they claimed under the category of displaced persons. Challenging the order of the learned single Judge, the DVC filed an appeal and the Division Bench dismissed the appeal. However, along with the appeal a contempt petition also was there which was filed earlier and placed before the Division Bench. While disposing of the contempt petition the Division Bench held thus : "We make it clear that if in case all the 91 persons could not be absorbed at a time, in that case the appellant DVC would be restrained from making any appointment in future, without absorbing the 91 writ petitioners, who had been able to prove their title. Regarding the remaining 9, the appellant DVC will be at liberty to ascertain their title and subject to their medical examination of their physical fitness, the appellant DVC will issue formal appointment letter. Further, we direct that the appellant DVC would not take any plea that the writ petitioners have crossed their age limit, because of the protracted litigation pending before this Court and issue appointment letter, forthwith, subject to medical fitness without any further plan." Questioning the same, the DVC has filed this petition.;