Samapti Chatterjee, J. - (1.) THE petitioner filed the present writ petition for quashing of the order dated 28th May, 2011 passed by the District Magistrate whereby the petitioner's claim for appointment on compassionate ground under Land Loosers' Scheme of the respondents was rejected by the authority.
(2.) IN the year 1982, the Government of West Bengal acquired petitioner's landed property for the purpose of Construction of Mazia Thermal Power Station (D.V.C). On 9th June, 2003 the mother of the petitioner made representation to the respondents for employment of the petitioner on the ground being land looser. On 16th June, 2003 the Special Land Acquisition Officer sent a notice to the mother of the petitioner to appear on 28th June, 2003. As per the direction the petitioner went to the office of the authorities but the petitioner was not awarded with any service under the Land Loosers' Scheme but other incumbents were offered with employment under Land Looser Quota. Feeling aggrieved the petitioner moved before this Hon'ble Court being W.P. No. 29923 (W) of 2009 for providing her with employment on compassionate ground under the Land Loosers' Scheme. The said writ petition was disposed of by this Hon'ble Court on 21st January, 2001 by directing the District Magistrate, Bankura to dispose of the petitioner's representation dated 9th June, 2003 before the Land Acquisition Officer, Bankura by passing a reasoned order in accordance with law which would be communicated to the parties within a period of 12 weeks. Thereafter on 28th May, 2011 the District Magistrate passed his reasoned order by rejecting the petitioner'' prayer for providing employment under the Land Looser Scheme on the grounds which are quoted below: - "14. (I) The petitioner is married daughter and the said marriage was solemnized in the month of May -June 2004, therefore she is no longer belonged to her mother's family as a dependable daughter. (II) As the petitioner did not file any application as an eligible nominee for empanelment/employment at M.T.P.S. duly filled prescribed form issued by the D.V.C. authority and the representation dated 09.06.2003 made by the Late Durgabala Majhi cannot be treated as an application of the present petitioner." Ms. Susmita Saha Dutta, learned Advocate appearing for the petitioner vehemently urged that the employment under the Land Looser Scheme in Mejia Thermal Power Station (D.V.C) is a matter of right and step should be taken by the respondent authority to provide her with employment under the said Land Looser category after giving all kinds of opportunities to the petitioner. But in the present case the authority failed to give any opportunity to the petitioner as well as her mother (since deceased) which squarely hits Articles 14 and 16 of the Constitution of India.
(3.) MS . Saha Dutta further contended that it is evident from the record that land lost by her mother was 0.88 acres which is more than 0.33 acres and she further contended that the loss of land is 100 per cent of the total land holding. So, the petitioner is very much entitled to be provided with employment under Land Looser Scheme as she fulfilled all criteria of the said Scheme.;