S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition was originally filed by petitioner, namely, Hari Prasad Tiwary, now substituted by this legal heirs namely, (a) Jyotsna Mayee Tiwary (Widow), (b) Narsingha Prasad Tiwary (son) and (c) Ram Dulllal Tiwary (son). In the writ petition prayer was made for a direction on the respondents to give employment to the near relatives in terms with the policy decision of the respondents, as was circulated by 3rd respondent, General Manager (L.R. & S) Santoria, Disergarh, District Burdwan (West Bengal).
(2.) ACCORDING to the petitioners they are the resident of Paharpur, P.S. Afzalpur district Dumka now Jamtara (Jharkhand) and they are the owner of the land under Jamabandi Nos. 211 and 5 of Mauza Nawadih Beldanga. The case of the petitioners is that 1st respondent in order to exploit the coal in Santhal Pargana decided to reach an agreement with the rightful owner of the land for certain excavation. By their policy decision as circulated vide Memo No. 6, dated 26th December, 1989 the Managing Director (L.R. and S), Eastern Coal India Ltd. Burdwan (West Bengal) communicated the following guidelines : - - "The land for Kasta Area required at Nawadih and other Mouzas for mining purpose have to be acquired under the following guidelines : - - 1. As because the land in old Santhal Pargana/Dumka District where Kasta Area falls, are not transferable by way of sale, purchase, etc., in order to get the rightful owner of the land, at the present moment, a ganeological chart of the family should be prepared and actual rightful owner 'sname and other details have to be obtained first. 2. The Area should file immediately I.A. Proposals. The rightful owner so established, if wishes to transfer his/her/their land in favour of Kasta Area, should enter into an agreement/ a bond of non -judicial paper to be duly registered laying down therein that they have agreed their land to be acquired through L.A. process by the respective State Govt. on payment of requisite rate of compensation prevalent in the State. 3. The land owner will accept an advance at the rate of Rs. 5,000.00 (Rupees Five thousand) only per acre of land and give physical possession of the land to the Company authorising to carry out mining operations and that they will get the balance payment from the State Govt. at that time they will return this advance amount and/or will adjust this amount from their total bill of compensation for the land. 4. After entering into such agreement with the Company and after giving its possession, the land owner will be entitled to claim employment at the rate of one employment per two acres of land subject to the following norms : - - (a) The land owner will file claim of employment in prescribed proforma only after giving physical possession of the land to the Company. The employment may be for self or near dependent of land owner and he should not be of more than 35 years of age. (b) The land should be in legal possession and ownership of the owner for more than 5 years. (c) There will not be more than one employment in a family as mentioned above, if the land is (sic). (d) The candidate for the employment should be found medically fit for appointment." Further case of the petitioners is that in view of such offer given by the respondents, the original petitioner approached and executed a deed of agreement/licence on 19th June, 1989. In terms of the said agreement the original petitioner was to receive a sum of Rs. 10,000.00 (Ten Thousand) per acre and in addition to that one employment for every two acres of land.
(3.) THE grievance of the petitioner is that though such agreement was executed on 19th June, 1989 and thereafter the original writ petitioner gave possession of the land to the respondents and the respondents also started excavating coal from the land but out of list of nine persons submitted by the original petitioner, the respondents have given employment to only five persons.;