JANKI PRASAD AND OTHERS Vs. STATE OF U.P.
LAWS(ALL)-1997-5-213
HIGH COURT OF ALLAHABAD
Decided on May 26,1997

Janki Prasad And Others Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Santosh Kumar Phaujdar, J. - (1.) THE fifteen petitioners lost their lands as the same were acquired by the State of U.P. for the National Thermal Power Corporation Divyapur, Etawah, in 1986. They came up with a prayer for direction upon the respondents to provide employment to the dependents of the petitioners or to the persons nominated by them in terms of the scheme of rehabilitation. The writ petition was presented on 1.11.91 and the respondents were directed to come up with counter affidavit. No interim mandamus was issued. It was the case of the petitioners that at the time of acquisition of their lands assurances were given that in addition to compensations paid to them for their respective lands, the displaced person would also be entitled to employment under the National Thermal Power Corporation (NTPC in short). In this respect the petitioner relied on a Government Order dated 21.11.83 confirmed by another Government Order dated 20/28.1.86. These two Government Orders were appended at Annexures No. 1 and 2 to the writ petition. The petitioner gave a chart as per Annexure No. 3 to indicate who were the dependents for whom employment was sought. They arranged a demonstration before the District Magistrate, Etawah, claiming implementation of the Government Orders and ultimately a compromise was arrived at on 16.6.87 which was a tripartite one between the State and the displaced persons and the N.T.P.C. Even thereafter the N.T.P.C. were finding some excuse or the other to delay the matter of employment of the petitioners or their dependents. It was asserted that the Government Orders were having statutory force and the liability of the State thereunder could not be denied. Only under these circumstances the aforesaid prayer for employment under the N.T.P.C. was claimed.
(2.) ANNEXURE No. 1 to the writ petition is a Government Order dated 21.11.83 which spoke of providing jobs to persons whose lands were acquired for industrial units owned by or under the control of the State Government. Employment was to be given under this Government Order for posts drawing wages up to Rs. 500/ -. The Government Order directed that the eligible displaced persons at par with others be given priority in such appointments. Annexure No. 2 to the writ petition is another Government Order dated 20.1.86. It also related to offering employment to the dependents of displaced persons, displacement having been caused for acquisition of land for industrial units. It only directed that in giving employment in industrial units the local candidate be given priority and here also it was stated that the order would apply to such industrial units which were owned by or under the control of the State Government. It spoke of a norm of giving priority and indicated who would be included in the family of a displaced person. This letter further indicated that persons whose total lands were acquired were to be given top priority to be followed by the persons most of whose lands were acquired and next in priority would be such persons only part of whose lands were acquired.
(3.) ANNEXURE No. 3 to the writ petition gave a list of the displaced persons alongwith the dependants of those persons who sought employment and their relationships with the displaced persons.;


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