Case Note & Summary
The dispute arose from the land acquisition policy of the Haryana State Electricity Board, which mandated employment for a family member of the landowner whose land was acquired. The respondent, Maha Singh, claimed entitlement to employment after his brother, Shamsher Singh, applied for a position but died before the appointment could be made. Following Shamsher Singh's death, his widow, Smt. Suresh Bala, was appointed instead. The respondent then filed a writ petition seeking his appointment, arguing that the policy required employment to be provided to one of the family members. The High Court directed the Board to appoint the respondent, deeming Smt. Suresh Bala's appointment illegal. The Supreme Court, however, found that since Smt. Suresh Bala had been appointed following the death of her husband, the policy's intent to assist displaced persons had been fulfilled. The court ruled that the High Court's direction to appoint the respondent was incorrect, leading to the dismissal of the writ petition and allowing the appeal.
Headnote
A) Employment Law - Land Acquisition Policy - Legality of Appointment - Not mentioned - The court examined the legality of the appointment of the respondent after the death of Shamsher Singh, who was initially to be appointed under the land acquisition policy. The court held that since the widow of Shamsher Singh was appointed, there could not be a direction for the appointment of another family member, thus dismissing the writ petition (Paras Not mentioned).
Issue of Consideration
Whether the appointment of the respondent was justified under the land acquisition policy after the death of the original applicant.
Final Decision
The Supreme Court allowed the appeal, dismissing the writ petition and upholding the appointment of Smt. Suresh Bala as valid under the land acquisition policy.
Law Points
- Employment under land acquisition policy
- legality of appointment
- family member entitlement
