D.Hema Kumar vs 2 The District Collector on 2 December, 2010

       

  

  

 
 
 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:  02.12.2010

Coram

The Hon'ble Mr. Justice R.SUDHAKAR

Writ Petition Nos.3343, 6087 to 6089, 21878, 24046, 24876, 26241, 27088, 29372 of 2008, 8218 & 12757 of 2009


WP No. 3343 of 2008

	
D.Hema Kumar							... Petitioner 

			          Vs


1    BHARAT HEAVY ELECTRICALS LIMITED                
     (A GOVERNMENT OF INDIA UNDERTAKING)  
     BOILER AUXILIARIES PLANT  
	REP. BY THE MANAGER - HR
	(HR-RX  RMX  TDX & GAX)  
     RANIPET - 632 406.

2    THE DISTRICT COLLECTOR
     VELLORE,  
	VELLORE DISTRICT.	 				RESPONDENTS 




	Writ Petition in WP No. 3343 of 2008 has been filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus calling for the records relating to the impugned letter dated 31.12.2007 issued by the first respondent in his office Ref. BAP:HR:LLXI 25096/07, quash the same and direct the first respondent to provide employment to the petitioner as unskilled labour or any other employment considering the petitioners' age and qualification within the time fixed. 


	For Petitioners 
		in all W.Ps.     :   M/s. P.Mani

	For Respondent-1	  :	Mr.Sanjay Mohan for
		            	     M/s.Ramasubramanian 									Associates

	For Respondents 2      :    Mr.B. Vijay
		  	                 Govt. Advocate
				             
-----

COMMON ORDER

	
		Writ Petition in WP No.3343 of 2008 is filed  to  call for the records relating to the impugned letter dated 31.12.2007 issued by the first respondent in his office Ref. BAP:HR:LLXI 25096/07, quash the same and direct the first respondent to provide employment to the petitioner as unskilled labour or any other employment considering the petitioners' age and qualification within the time fixed. 
		2.  The relief sought for  in all the writ petitions are almost one and the same seeking employment in the first respondent company according to the age and qualification of the petitioners.  Hence all the writ petitions are taken up together and disposed of by this common order.  

		3.  The relief sought for by the petitioners as above was raised by similarly placed  petitioners in W.P.Nos.14616 and 14617 of 2008 and the Hon'ble Division Bench of this Court  while disposing a batch of Writ Appeals and Writ Petitions, namely W.A.Nos. 1275 to 1277 of 2008 and W.P.Nos.25480 of 2008, 14616 and 14617 of 2008 by order dated 29.09.2010, ordered as follows:

		"30.	The issue regarding employment under the displaced land owners category was pending since 1981.   It is in the interest of both the land owners as well as BHEL to put an end to this issue at the earliest point of time.  Some how or the other the matter has been dragged for years together.  Therefore, it is high time that the entire issue be resolved by examining individual cases by the Screening Committee appointed by the learned Single Judge.   While issuing the notification calling for applications from the displaced land owners, the Screening Committee should make it clear that no more applications would be received in respect of acquisition made for BHEL as per G.O.Ms.No.87 dated 27.01.1981.   It should be the endeavor of the Screening Committee to conclude the matter as expeditiously as possible and in any case, within a period of six months from date of receipt of a copy of this judgment.  It is made clear that in case there are no immediate vacancies to accommodate these people, it would be open to the Screening Committee to prepare a list of the candidates and depending upon the vacancies they could be given employment by BHEL, of course, with reference to the qualification required for the particular post.
	
		31.	..

		32.	The Writ Petitions filed by the displaced land owners in W.P.Nos.25480, 17981 to 17984 of 2008, 21875, 26150, 26451 to 26453, 29404, 14616 to 14617 of 2008 also raises the very same issue.  Therefore, such claims could be decided by the Screening Committee to be constituted as per the order passed by the learned Single Judge.   Accordingly, we direct the Screening Committee to issue notice to the writ petitioners and consider their claims on merits and as per law."

	4.	In view of the order passed by the Division Bench of this Court as above the present  Writ Petitions, which are similar in nature are  also ordered in terms of the  Division Bench order as above.      Consequently, connected miscellaneous petitions are closed. No costs.  

ra							        02.12.2010
Index: No
Internet: Yes/


To

1    BHARAT HEAVY ELECTRICALS LIMITED                
     (A GOVERNMENT OF INDIA UNDERTAKING)  
     BOILER AUXILIARIES PLANT  
	REP. BY THE MANAGER - HR
	(HR-RX  RMX  TDX & GAX)  
     RANIPET - 632 406.

2    THE DISTRICT COLLECTOR
     VELLORE,  
	VELLORE DISTRICT.


                                                                          


R.SUDHAKAR, J.

ra

W.P. Nos.3343, 6087 to 6089,
21878, 24046, 24876, 26241,
27088, 29372 of 2008,
8218 & 12757 of 2009

02.12.2010