- (1.) THIS Letters Patent Appeal is preferred against the order dated 18.04.2006, passed in W.P. (S) No. 7027 of 2005, whereby the learned Single Judge of this Court directed the appellant -Steel Authority of India Limited (SAIL) to determine the case of the respondents in the light of three questions formulated in the judgment. The brief facts, which are necessary for disposal of this case are that Bokaro Steel Plant, a national project of the Government of India, was commissioned and land was acquired from various land holders. For acquisition of their lands, the land holders were not only paid compensation but in addition to that, an understanding was reached between the Union Government, the State Government and the Company to the effect that apart from compensation, one person from each displaced family would be given employment in the Bokaro Steel Plant. While so, number of writ petitions were filed before the Court by the displaced persons, seeking for employment on the ground that their lands were acquired and that they are displaced. Thereafter, on 5.9.1991, 150 vacancies arose in Khalasi Posts for displaced persons and a Scheme was framed, which was approved by the Jharkhand High Court in L.P.A. No. 161 of 1996(R) and L.P.A. No. 162 of 1996(R), for filling up the vacancies advertised on 5.9.1991. A direction was given by the Division Bench in the order dated 7.4.1998, which reads as under: - - "Both these appeals are accordingly disposed of in terms of the aforementioned scheme proposed by the Steel Authority which the following direction/observations: - - (i) The Steel Authority shall prepare a list containing names of displaced persons in accordance with clause (1) of the proposed scheme within two months of the receipt of the certified copy of this judgment. The list so prepared shall be sent to the Director, Project Land and Rehabilitation, for verification, who shall get the bona fide of the status and claim of such persons verified and submit the report in connection with therewith to the Steel Authority within three months from the date of receipt of the request for verification. The Steel Authority will thereafter hold interview for selection of suitable candidates and prepare a panel containing the names of selected displaced persons within two months. (ii) The persons whose names are included in the panel will be placed in two categories according to the criteria already laid down and referred to hereinbefore. The persons in category No. (1) will be given employment first Thereafter, those who are included in category No. (ii) will be considered for employment."
(2.) IN terms of the direction given in the order dated 7.4.1998 two categories of displaced persons were prepared. Category No. (i) consisted of persons whose lands and homes were acquired and it has been decided that they shall be given appointment first. Category No. (ii) are the persons whose lands alone were acquired. As per the direction, the employment was to be given first to the person of category No. (i) and those whose names included in category (ii) were to be considered for employment. Pursuant to the direction, the Director, Project Land and Rehabilitation (in short 'DPLR') prepared a list and sent the names of 286 persons in Category(i). On verification, it was found that 79 persons were not eligible for consideration in category (i) and on 9.4.2002, the DPLR confirmed the list of 207 persons in category (i) who were eligible for appointment. Out of the said 207 persons, 195 persons were given appointment against notified 150 vacancies and 12 persons were found medically unfit. It is stated that eligible persons in category (i) were given employment and thus list of category (i) was exhausted.
(3.) THE case of the respondents is that their lands were acquired for Bokaro Steel Plant and they are eligible to be considered for appointment in the light of the Land Losers Scheme (Scheme for Rehabilitation for the Displaced Persons, whose ancestral lands having been acquired for Bokaro Steel Plant).;