M.Y.EQBAL, J. - (1.) HEARD learned counsel for the parties and with their consent these two writ applications, having common reliefs claimed therein are disposed of by this common order.
(2.) PETITIONERS herein prayed for a direction upon the respondents to provide employment to them as their lands have been acquired for the purpose of construction of TAIL POOL DAM. Petitioners case is that in 1978 respondent -Damodar Valley Corporation (DVC) acquired the land for the purpose of construction of TAIL POOL DAM but till date petitioners who are the displaced persons have not been provided employment despite assurance jointly given by the respondent -State and the D.V.C. It is stated by the petitioners that the D.V.C. had evolved a scheme of recruitment in Class -III posts and a decision was taken that the persons who lost 75% of their lands shall be given employment. It appears that in view of the circular, a list of 37 persons were sent by the Deputy Commissioner, Dhanbad to the respondent -Corporation and in compliance of the same 37 persons were provided with employment in the Corporation. However, appointment of these persons were challenged and ultimately in the judgment passed by the Patna High Court, it was held that 29 persons out of 37 persons in fact did not loose 75% of their lands and they illegally got employment. Consequently, the services of 29 persons were terminated. Petitioners case is that in 1986 the Deputy Commissioner, Dhanbad again sent the name of 35 persons eligible for being appointed in the respondent -Corporation which includes name of these two petitioners, but the respondent -Corporation did not give employment by taking plea that the TAIL POOL DAM Project has been closed.
(3.) THE respondent -D.V.C. filed counter -affidavit stating inter alia that the writ petitioners earlier moved to the Calcutta High Court but no relief was granted to the petitioners as the Corporation took specific stand that the project of TAIL POOL DAM has been abandoned and closed. It is stated by the respondent that similarly situated persons moved the Patna High Court by filing CWJC No. 1658/96R and the Division Bench with certain observation dismissed the writ application by judgment dated 19.12.1997. The respondents further case is that by virtue of notification issued under Land Acquisition Act about 214 persons became affected as their lands have acquired and necessary compensation was paid to them through the Deputy Commissioner.;