Case Note & Summary
The petitioners, ten individuals from families whose lands were acquired by the Maharashtra State Power Generation Company Ltd. (respondents 2 to 5) for its project, filed a writ petition seeking employment as project affected persons. The respondents had recognized them as project affected persons and offered training and employment if lands were surrendered voluntarily and no cases for enhancement of compensation were filed. The minutes of a meeting held on 3.6.2010 in the office of the Collector, Jalgaon, provided that such candidates be given advance vocational training and, after training, be considered for employment. The petitioners completed the training but were not given employment. The court heard the parties and noted that the respondents did not dispute the facts. The court held that the petitioners are entitled to be considered for employment in terms of the policy and the minutes. The court directed the respondents to consider the petitioners for employment in suitable posts within four weeks, and if any posts are not available, to consider them for future vacancies. The writ petition was allowed with no order as to costs.
Headnote
A) Rehabilitation and Resettlement - Project Affected Persons - Employment - The petitioners, whose lands were acquired for the respondent's project, were recognized as project affected persons. The respondent offered training and employment if lands were surrendered voluntarily and no enhancement cases were filed. The minutes of meeting dated 3.6.2010 provided for advance vocational training and subsequent employment. The court held that the petitioners are entitled to be considered for employment in terms of the policy and the minutes, and directed the respondents to consider their candidature for suitable posts. (Paras 3-6) B) Administrative Law - Legitimate Expectation - Policy Implementation - The petitioners had a legitimate expectation that the respondent would adhere to its policy and the minutes of meeting. The court held that the respondent cannot resile from its commitment and must consider the petitioners for employment. (Paras 4-6)
Issue of Consideration
Whether the petitioners, as project affected persons, are entitled to be considered for employment by the respondent power company in accordance with the rehabilitation policy and the minutes of the meeting dated 3.6.2010.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioners for employment in suitable posts within four weeks from today. If any posts are not available, the petitioners shall be considered for future vacancies. Rule is made absolute accordingly. No order as to costs.
Law Points
- Rehabilitation policy
- project affected persons
- employment
- vocational training
- consideration of candidature
