AMARESHWAR SAHAY, J. - (1.) THE back ground of the case is that a writ application being CWJC No. 1317 of 1993 (R) was filed before the Ranchi Bench of the Patna High Court by the petitioner alongwith others against the Bihar State Electricity Board and others, for issue of writ of mandamus, directing the Respondents for their absorption, as according to them, their lands were acquired for construction of Patratu Thermal Power Station and that in terms of the policy decision, the displaced persons were to be provided with suitable jobs. It was asserted that a list of 403 persons was prepared out of which only 289 persons were provided employment and the rest 114 displaced persons, no employment as per the policy decision was given. The said writ application was disposed of by a Division Bench by Judgment dated 4.9.1993. Para 7 to 9 of the said judgment are important and relevant for the decision of the present case, which is quoted herein below : "7. The Bihar State Electricity Board, a State within Article 12 of the Constitution of India, was expected to act fairly and adhere to its own policy decision. It was expected of a State under Article 12 of the Constitution to act in terms of the policy decision formulated by it without making any deviation or departure thereform. However, the position appears to have changed completely in view of the passage of time and in view of the assertion and counter assertions made by the parties to the effect that many out of the aforesaid 114 persons, had neither been working as casual labourers with the contractor or in the Patratu Thermal Power Station, and some of them even did not produce their relevant papers. In this situation, in our opinion, the matter should be considered a fresh by the Deputy Commissioner keeping in view the policy decision for providing employment to the displaced persons, requisite qualifications, existing vacancies and other relevant factors. For this purpose, the persons displaced may nominate and/or authorise their representatives to be present in the meeting to be held for this purpose in terms of the order of this Court passed in CWJC No. 3658 of 1992 (R) on 4.3.1993. 8. We direct the respondent Board also to nominate its representative and produce relevant documents before the Deputy Commissioners, who shall himself examine or cause the Dam to be examined by a responsible officer of the revenue department of the State. He may also call for a report from the circle officer in this connection. 9. In our opinion, the matter should be finalised in a meeting between the representatives of the State, Bihar State Electricity Board and the displaced persons at an early date, preferably within three months and thereafter the parties should act pursuant thereto. It will be open to the petitioners to produce all records before the Deputy Commissioner. This application is disposed of accordingly."
(2.) WHEN the matter was not finalised regarding the employment of the petitioner and others a second writ application was filed before this Court being CWJC No. 1644 of 1995(R), which was also disposed of by an order dated 26.7.1995 by this Court. The operative portion of the order passed in CWJC No. 1644 of 1995(R) as contained in Annexure -2 to this application is quoted herein below : "It is regrettable that although three months ' time was granted to the Deputy Commissioner to dispose of the matter, the same is still pending. In the circumstances, this application is disposed of with a mandamus to respondent No. 2 to dispose of the claim of the petitioners for consideration of their case for appointment within two months from the date of production of a copy of this order. This application is disposed of." It appears that thereafter several meetings of the Committee constituted for the said purpose was held and then by letter dated 29.3.1996 as contained in Annexure -5 to the present writ application, the Deputy Commissioner, Hazaribagh wrote to the Secretary, Bihar State Electricity Board, Patna, recommending the case of the displaced persons.
(3.) IT is asserted by the petitioner that the Bihar State Electricity Board, Patna has taken a Resolution being Resolution No. 1082 dated 6.9.1996, whereby the Board expressed its inability to appoint any of the displaced persons on the ground of financial difficulty and surplus staffs. The said Resolution is annexed as Annexure -6 to the present writ application, which is under challenge by the petitioner.;