- (1.) This special appeal arises from a judgment of the learned Single Judge dated 20 January 2016. The writ petition(Writ-A No 46991 of 1999) filed by the appellant (and another) seeking a mandamus to the Bharat Petroleum Corporation Limited(BPCL) to provide appointment in pursuance of a Government Order dated 29 February 1996, has been dismissed.
(2.) The Uttar Pradesh State Industrial Development Corporation(UPSIDC) acquired land in Village Lawain Khurd, Tehsil Karchhana, District Allahabad during the 1960's for setting up of an industrial estate. In 1997, BPCL applied to UPSIDC for land to set up a LPG Bottling Plant in the industrial estate. An agreement was entered into on 21 October 1997 by which a plot of land admeasuring 27.50 acres was allotted to BPCL by UPSIDC. The lease deed between UPSIDC and BPCL contained the following condition: "In employing labour for the unit, skilled, semi-skilled and unskilled, the allottee shall give preference to one or two able bodies persons from the families whose land has been acquired for the purpose of that Industrial Area."
(3.) In pursuance of the aforesaid condition, BPCL in October 1997 requested the district authorities to apprise it of the names and addresses of persons who had lost their land. Accordingly, the Sub Divisional Magistrate on 6 June 1999 forwarded a list of nineteen clusters/group of families whose lands had been acquired, treating them as project affected persons. BPCL was to consider the nominees from each cluster/group of families for employment, subject to their meeting the required criteria of eligibility for employment and suitability. On 7 August 1999, a letter was addressed by BPCL to those project affected families calling upon them to nominate a member of the family. The eligibility criteria prescribed was as follows: Educational Qualification Age as on 1.8.1999 : Min 7th std. Pass Min. 18 years Max 30 years (to be relaxed by 5 years) for SC/ST candidates and by 3 years for OBC candidates. Nominee should be a blood relation of the land losers such as: a) Self b) Son c) Grand-son (son's son).";