Satyabrata Sinha, J. - (1.) All these four writ applications being inter related were taken up for hearing together and are being disposed of by this common judgment.
(2.) Admitted fact in C O. No. 5426(W) of 1993 is as follows:- The writ petitioners and/or their predecessors-in-interest were holding agricultural lands in various villages referred to in the writ applications. The said lands were acquired for the purpose of construction of Kolaghat Termal Power Station. Although, initially the aforementioned Thermal Power Station was to be constructed by the West Bengal State Electricity Board, by reason of a policy decision adopted by the State, generation and supply of electrical energy were entrusted to different authorities, namely, West Bengal Power Development Corporation Limited and West Bengal Stale Electricity Board respectively. Pursuant to or in furtherance of the said policy decision, West Bengal Power Development Corporation Limited (hereinafter referred to as the Development Corporation) is now in charge of Kolaghat Thermal Power Station. The lands of the petitioners along with various other persons were acquired in the year 1975-76. The State of West Bengal, apart from payment of compensation payable for a acquisition of such lands, in terms of the provisions of the Land Acquisition Act, adopted policy decision for grant of employment to one of the family members of the land evictees and/or land losers. Pursuant to or in furtherance of the said policy decision, a Committee known as Land Advisory Committee was set up for the purpose of initial screening of candidates. Initially, the life of the said Committee was for one year.
(3.) Pursuant to or in furtherance of the said policy decision adopted by the State, the Land Advisory Committee started screening the applications filed by the land evictees and/or land losers for appointment in the Development Corporation or the West Bengal State Electricity Board as the case may be. It is admitted that various persons have been appointed, but several others are vet to be appointed. According to the respondents, total number of the applicants among land losers/land evictees are 2061, out of which upto 1993, the Committee scrutinised 356 applications and further 963 applications were scrutinised and are ready for placement before the Committee and 742 applications are yet to be scrutinised. The Committee upon verification of the cases of the respective persons had recommended appointment of 356 persons. According to the respondents, the Development Corporation and the State Electricity Board notified vacancies to the extent of 321, out of which 307 vacancies have already been filled up pursuant to or in furtherance of the recommendations made by the said Committee. 9 more persons had been found eligible for appointment, but in meanwhile the writ application has been filed by 14 persons, being C.O. No. 5426 (W) of 1993, and a learned Judge of this Court by an order dated 29.4 93 directed that 14 posts be kept vacant. It has further been stated that number of candidates found ineligible upon taking interview, are 5. The respondents contended that so far as the writ petitioners art concerned, their cases were ready for placement before the Land Advisory Committee and/or their applications are yet to be scrutinised. In C.O. No. 5426 (W) of 1993 cases of all the writ petitioners have been scrutinised. In C.O. No. 5634 (W) of 1993, candidature of 24 persons are ready for scrutiny and candidature Of 28 persons are yet to be scrutinised, whereas in C.O. No. 7726 (W) of 1993, candidature of 6 persons have already been scrutinised and candidature of 3 persons are yet to be scrutinised. In C.O. No. 7726 (W) of 1993, 45 persons have been added, but no statement has been made in relation to such added petitioners. In C.O. No. 5426 (W) of 1993. keeping in view the aforementioned interim order, persons who were recommended for appointment, but could not be appointed, filed an application for addition of party and also filed an application for vacating stay, and by an order dated 18.1.95, the said applicants have also been added as respondents, It is not necessary to consider the effect of various circulars issued by the State of West Bengal, inasmuch as, in a decision in Mohidur Rahaman v. State of W. B. & Ora., [C.O. No. 18966 (W) of 1993) disposed of on 20.1.95, and reported in (1995)1 Cal HN 199 the effect of the said circulars had been taken into consideration. This Court took notice of a decision of the Apex Court in Calcutta Port Trust v. Deba Prasad Bag reported in AIR 1994 SC 2137, and has held that there cannot be any illegality in constitution of a Committee for the purpose of screening. In that decision, keeping in view the facts and circumstances of the case, this Court directed the respondents to place the cases of eligible candidates before the Advisory Committee. However, this Court can take notice of the fact that as the said order was not complied with, a contempt application had been filed and therein recommendation was made for extending the life of the said Committee, pursuant whereto the State of West Bengal had issued notifications on 7.9.95, 21.1.97 and 31.7.92. It is accepted at the Bar that the life of the said Committee has since been extended till December, 1999.;