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2017 DIGILAW 353 (JHR)

Avinash Kumar son of Shri Bal Mukund Ojha v. National Thermal Power through its Chairman

2017-02-17

S.N.PATHAK

body2017
ORDER : Heard learned counsel for the petitioner and learned counsel for the respondents. 2. In the instant writ petition, the petitioner has prayed for issuance of direction upon the respondents to issue letter of appointment to the petitioner to the post of Class-III (Electrician) in the office of NTPC, Kahalgaon, Bhagalpur (Bihar), on the ground that the grandfather of the petitioner has given the land bearing Khata No. 13, Plot No. 13, Area 0.21 acres (21 decimal), Thana No. 393, Mauza Gajhanda, P.S. Belbadda, District Godda for Merry Godown Railway Track in the NTPC, Kahalgaon, Bhagalpur (Bihar). FACTUAL MATRIX 3. The National Thermal Power Corporation Ltd. (“NTPC” for short) acquired 3,360 acres of land for the project of NTPC Kahalgaonn, Bhagalpur (Bihar) and out of aforesaid 3,360 acres of land, 233 acres of land have been acquired for Merry Godown Railway Track (“MGR” for short) for the Godda District. The grandfather of the petitioner, namely, Ram Prasad Ojha had given land to NTPC, Kahalgaon, Bhagalpur bearing Khata No. 13, Plot No. 13, Area 0.21 acres (21 decimal), Thana No. 393, Mauza Gajhanda, P.S. Belbadda, District Godda. The aforesaid land had been acquired for the purpose of MGR Track. The learned District Land Acquisition Officer, Godda granted certificate of the Land Oustee to the grandfather of the petitioner on 11.05.1999. The father of the petitioner and other co-villagers, whose land have been acquired by the NTPC for the said purpose, had approached the authorities of NTPC for issuance of appointment letters to the post of Class-III but the NTPC did not take any step for considering the claim of the petitioner and others. The father of the petitioner is still working as contract labour under Utility Powertake Ltd., NTPC, Kahalgaon, Bhagalpur on the basis of land oustee of Godda. 4. On 15.02.2011, an Agreement was arrived at between the Higher Authorities of NTPC, Kahalgaon, Bhagalpur as well as the Sub-divisional Officer, Godda and some of the land oustee. In the aforesaid Agreement, it has been mentioned that the persons who are land oustee and are matriculate, shall be given ITI training and after obtaining the said training, will be appointed in future vacancy after qualifying the examination. In the aforesaid Agreement, it has been mentioned that the persons who are land oustee and are matriculate, shall be given ITI training and after obtaining the said training, will be appointed in future vacancy after qualifying the examination. The father of the petitioner is still working as a contract labour under U.P.L., N.T.P.C., Kahalgaon, Bhagalpur The father of the petitioner did not agree to obtain the training of ITI and instead, was interested to give training to his son (petitioner) and the authority concerned of NTPC accepted the proposal of the petitioner’s father and thereafter, the petitioner got training of ITI in the Trade of Electrician from Industrial Training Institute, Pakur, Department of Labour, Employment & Training of State Council for Vocational Training, Jharkhand, Ranchi from August 2011 to July 2013 and the Secretary State Council for Vocational Training Centre issued Provisional State Trade Certificate to petitioner on 25.01.2014. 5. On 16.03.2011, the NTPC, Kahalgaon wrote a letter to the Resident Manager, Utility Powertake Ltd., NTPC, Kahagaon, indicating to send the detail of the land oustee under the Godda District. The father of the petitioner made affidavit before the Notary, Godda on 15.04.2011 indicating that his son (petitioner) will get appointment on the basis of land oustee. Thereafter, NTPC, Kahalgaon made an advertisement for getting appointment of the land oustee. In pursuance of advertisement, the petitioner applied and upon which, the NTPC sent a letter to the petitioner on 16.05.2015 to send the documents as mentioned in the letter. In pursuance of such letter, the petitioner submitted all the relevant papers to the authority concerned but the authority concerned did not issue Admit Card to petitioner. Upon inquiry, the petitioner learnt that since he is the grandson of the land oustee, late Ram Prasad Ojha, hence the authority did not issue admit card to him. 6. Thereafter, on 12.03.2009, the Land Acquisition Officer, Godda wrote a letter to the General Manager, NTPC, Kahalgaon annexing the list of 21 land oustee of Godda District as well as annexing the enquiry report with respect to land oustee. It is further alleged that the Rahul Ranjan, Bikash Kumar Sing and the petitioner are the grandsons of land oustee, Ram Prasad Ojha of Meharma Block of Godda District. Thereafter, NTPC, Kahalgaon imparted ITI training to the aforesaid persons including the petitioner. It is further alleged that the Rahul Ranjan, Bikash Kumar Sing and the petitioner are the grandsons of land oustee, Ram Prasad Ojha of Meharma Block of Godda District. Thereafter, NTPC, Kahalgaon imparted ITI training to the aforesaid persons including the petitioner. The authority concerned assured the land oustee that they will consider the claim for appointment. Thereafter, vide Annexure-9 to the writ petitioner, NTPC appointed 300 land oustee under the District of Bhagalpur without any examination. Thereafter, the Deputy Commissioner, Godda and the Superintendent of Police, Godda wrote letter to the Secretary, Department of Home (Special), Bihar, Patna on 03.04.1997, indicating the arbitrary action of the respondent-NTPC. The father of the petitioner also made representations before the Director, Department of Human Resources, NTPC, New Delhi, as well as to the Manager, Department of Vigilance, NTPC Kahalgaon and the Deputy Commissioner, Godda, stating all the facts and with a request to consider his claim for appointment of the petitioner. When no heed was paid inspite of his several representations, the petitioner has approached this Hon'ble Court by filing the instant writ application. 7. Mr. Manoj Kumar Sah, learned counsel appears on behalf of the petitioner and argues that the action of the respondent-authorities are arbitrary, malafide and not sustainable in the eyes of law. He further submits that the authority concerned has adopted pick and choose method for giving appointment to the land oustee. It has further been stated that in pursuance of para-7 of Annnexure-2, the advertisement itself is bad in law as because advertisement for vacancy, as contained Annexure-6, should be made only for UPL contract labour of Godda District as per Agreement paper, as contained in Annexure-2. Accordingly, learned counsel prays that this Hon’ble Court may direct the respondents-authorities to issue appointment letter to the petitioner to the post of Class-III (Electrician) in the NTPC, Kahalgaon, Bhagalpur (Bihar) on the basis of land oustee. 8. Counter-affidavit has been filed by the respondents. Learned counsel appearing for the respondents vehemently opposes the prayer of the petitioner and submits that the instant writ application is not maintainable in the eyes of law and liable to the rejected. He further submits that the NTPC Kahalgaon is situated in Bhagalpur District of Bihar. On 15.02.1986, a Land Oustee Policy was framed wherein the definition of family was clearly mentioned in the report. He further submits that the NTPC Kahalgaon is situated in Bhagalpur District of Bihar. On 15.02.1986, a Land Oustee Policy was framed wherein the definition of family was clearly mentioned in the report. Since the petitioner has claimed that the land (Khata No. 13, Plot No. 13, Area 0.21 acres (21 decimal), Thana No. 393, Mauza Gajhanda) belonged to his grandfather, the petitioner does not come under the definition of family as laid down in the said policy. 9. In view of the rival submissions of the parties, this Court is of the considered view that since the issue involved in this writ application relates to the disputed question of facts and the High Court sitting under Article 226 of the Constitution of India will not enter into the disputed question of fact, so let it be decided by the competent Court having civil jurisdiction. 10. In view of the aforesaid observation, the writ petition stands dismissed.