IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2008
CORAM
THE HONOURABLE MR. JUSTICE S. RAJESWARAN
W.P.No.25560 of 2008
P.S.Krishnan ... Petitioner
Vs
1. The Secretary to Government,
Government of Tamilnadu,
Labour and Employment Department,
Fort St.George, Chennai-9.
2. The District Collector,
Thiruvallur District.
3. The Special Tahsildar,
(Land Acquisition),
Tiruvallore. ... Respondents
The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioner to any of the eligible post in any of the public sector undertaking as per Government order in G.O.Ms.No.656 Labour and Employment Department dated 29.6.1978 within a specified period of time.
For Petitioner : Ms.T. Anandhi
For Respondents : Mrs. Lita Srinivasan
Government Advocate
*****
O R D E R
The Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioner to any of the eligible post in any of the public sector undertaking as per Government order in G.O.Ms.No.656 Labour and Employment Department dated 29.6.1978 within a specified period of time.
2. Mrs.Lita Srinivasan, learned Government Advocate takes notice on behalf of the respondent.
3. The case of the writ petitioner is that he is a B.Sc. Graduate, belongs to backward class community and registered in the Employment exchange and he also obtained a Conductor licence in the year 2000. It is the case of the petitioner that their lands in S.No.698/1 and 698/2A to an extent of 1.06 acres at pattarai Perumbudur Village, Thiruvallur Taluk in the name of his father was acquired under the Land Acquisition Act for the purpose of Krishna Water Supply Project and an award was passed in No.5/86 dated 16.10.1986. He was given assurance that he would be considered for employment by the respondent department when the land was acquired by the Government. The petitioner has no other property. The petitioner relies on the G.O.Ms.No.656, Labour and Employment Department, dated 29.6.1978, wherein it is stated that the public sector undertakings may recruit, without reference to Employment Exchange atleast one member of each family which displaced on account of acquisition of lands for any projects of Public Sector undertakings etc. The petitioner was also issued with a preference certificate by the third respondent on 24.10.1994. But no appointment was given to him even though 14 years have elapsed. In response to his representation dt.2.9.2007, the first respondent directed the third respondent to take appropriate action. Since nothing has happened, the writ petition has been filed for the aforesaid relief.
4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate for the respondents. I have also gone through the documents filed in support of their submissions.
5. I find from the records that the lands belonged to the petitioner were acquired by the Government for Krishna Water Supply Project during the year 1986 to an extent of 1.06 acres. It is stated that petitioner has no other lands. The third respondent herein has also given a certificate dated 24.10.1994 confirming the acquisition made and also stating that his case has to be considered on preferential basis. Thereafter, representation made by him has been considered and the third respondent was directed by the Secretary by letter dated 27.03.2008 to take appropriate action. But till date, no orders have been passed. Therefore, the petitioner prays for appropriate orders from this court to consider his case on priority basis.
6. Considering the facts and circumstances of the cases ,I direct the first respondent to consider the case of the petitioner for suitable employment on account of the fact that his/their lands were acquired by the Government for Krishna Water Supply Project, within a period of three months from the date of receipt of copy of this order, especially on the basis of G.O.Ms.No.656 dt.29.6.1978.
7. With the above direction, the writ petition is disposed of. No costs.
24.10.2008
Index: Yes/No
Internet: Yes/No
vaan
To
1. The Secretary to Government,
Government of Tamilnadu,
Labour and Employment Department,
Fort St.George, Chennai-9.
2. The District Collector,
Thiruvallur District.
3. The Special Tahsildar,
(Land Acquisition),
Tiruvallore.
S. RAJESWARAN,J.
vaan
W.P.No.25560 of 2008
24.10.2008