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2017 DIGILAW 648 (UTT)

State of Uttarakhand v. Bachey Singh Rana

2017-12-12

RAJIV SHARMA, U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. 1. Present Special Appeal has been preferred against the judgment and order dated 28.04.2008, passed by learned Single Judge, in Writ Petition no. 7115 (S/S) of 2001, Bachey Singh Rana and others vs. State of Uttarakhand and others, as well as against the order dated 30.12.2011, passed in review application no. 261 of 2010, filed on behalf of State of Uttarakhand and others, whereby the Court has directed the appellants herein to give regular appointment to the respondents herein in terms of Government Order dated 15.06.1985. 2. Earlier, on filing a writ petition, as above, the petitioners (respondents herein) prayed for the following reliefs, among others: (i) Issue a writ in the nature of mandamus, commanding the respondents to provide suitable employment to the petitioners or their dependents commensurate to their qualification and suitability in terms of the Government Orders dated 15.06.1985 and 20.01.1986, contained in Annexure no. 1 and 2 to the writ petition, respectively. (ii) Issue a writ in the nature of certiorari quashing the order dated 03.06.2002, which is contained in Annexure no. 3 to the counter affidavit filed on behalf of respondent nos. 1 to 3, whereby petitioners’ applications for employment in terms of the above mentioned Government Orders were rejected. 3. Petitioners (respondents herein) were owners and recorded tenure holders of the land, which was acquired by the State Government (appellants herein) for construction of the building of Bipin Tripathi Kumaon Institute of Technology, Dwarahat, District. Respondents made various representations to the appellants for providing employment in terms of Government Orders dated 15.06.1985 and 20.01.1986. Their representations were dismissed on the ground, inter alia, that the Government Order dated 15.06.1985, issued by erstwhile State of Uttar Pradesh is regarding giving preference in employment in industrial units to the candidates belonging to local areas on the basis of equality of opportunity, which Government Order is not binding. Educational institutions were, held to be, not covered by the said Government Order. 4. We find that, vide Government Order dated 15.06.1985, the Government has taken a policy decision to give preference in employment to eligible family member according to eligibility, on such posts of Class III and Class IV, which are outside the purview of Public Service Commission, whose land is acquired for construction of industrial units or establishments under the control of the State Government. 5. Government Order no. 5. Government Order no. 23/25/1973-Karmik-2 dated 15.06.1985 issued by Government of Uttar Pradesh, prescribes the following: (a) Preference will be given to eligible candidates, living locally, in employment, in industrial units established under the control of State Government. (b) Preference will be given to the family members of displaced families in the following manner: (i) Those families whose entire land has been acquired, (ii) Those families whose most of the land has been acquired, (iii) Those families whose small portion of land has been acquired. (iv) One family member of displaced families will be given employment in the above noted preference. (v) Members of such families living below poverty line, whose land has been acquired and who have been left with 1 Acre or less land after acquisition, are to be given employment in such schemes/projects. (c) Such Government Order will be applicable to the establishments under the control of the State Government as well. [Note: The above is not the exact transliteration of the Government Order. It only gives an idea of the policy of the Government, which has not been done away with by the successor State of Uttarakhand.] 6. We also find that petitioners’ land had been acquired, which is evident from the documents filed by the respondents before learned Single Judge. The above noted Government Order makes the intention of Government very much clear that preference in employment shall be given to such family members whose land has been acquired for construction of establishments under the control of the State Government. 7. Needless to say that Government Orders issued by erstwhile State of Uttar Pradesh are in vogue in the State of Uttarakhand in view of Section 2(f) of the Uttar Pradesh Reorganisation Act, 2000, unless an old Government Order has given way to a new Government Order issued by the successor State. The Government Orders dated 15.06.1985 and 20.01.1986 have not been substituted by any new Government Order of the successor State. These Government Orders have not been repealed either. 8. It has been held by Lucknow Bench of Hon’ble High Court of judicature at Allahabad in Vijay Kumar Singh vs. Narendra Dev University of Agriculture and Technology and others, reported in 2001 (19) LCD 1186, that such policy decision of the Government must be respected. A reference of such a decision has been given by learned Single Judge in the judgment impugned. 9. A reference of such a decision has been given by learned Single Judge in the judgment impugned. 9. The controversy in present special appeal has, according to learned Single Judge, been resolved by the Lucknow Bench of Hon’ble Allahabad High Court, whereby Government has expressed its intention that members of the displaced family, whose land has been acquired, should be given preference in employment in the same scheme/project, according to their qualifications, without restriction on any pay scale, on suitable posts excluding the posts which are within the purview of the Public Service Commission. 10. Government Order is unlike any other promise made by any agency in whose favour land has been acquired, to undertake that preference shall be given to the displaced families in employment in such project. It is a promise held out by the State to the public at large. Government Order dated 15.06.1985 speaks, in unequivocal terms, that the Government Order will be applicable not only in respect of industrial units, but also in respect of establishments, which are under the control of the State Government and preference will be given to the members of displaced families in employment. The contents of the Government Order are not being reproduced, in toto, for the sake of brevity. Needless to say that Vipin Tripathi Kumaon Institute of Technology, Dwarahat is, undoubtedly, an institution under the control of the State Government. 11. In the appeal, it is submitted by learned counsel for the appellants that the respondents, on having received the compensation in respect of their land, which were acquired for the establishment of the Engineering College, have no right for demanding employment for one of their family members. Such submission of learned counsel for the appellants does not hold water in view of the promise held out by the State to the public at large, whose land has been acquired for establishment of Vipin Tripathi Kumaon Institute of Technology, Dwarahat. 12. It is further submitted on behalf of the appellants that Vipin Tripathi Kumaon Institute of Technology, Dwarahat, can, by no stretch of imagination, be held to be an industrial unit for the purpose of Government Order dated 15.06.1985. True, but the Government Order is also applicable to the establishments under the control of the State Government and Vipin Tripathi Kumaon Institute of Technology is one such establishment. 13. True, but the Government Order is also applicable to the establishments under the control of the State Government and Vipin Tripathi Kumaon Institute of Technology is one such establishment. 13. Accordingly, we don’t find any reason to interfere with the judgment and order dated 28.04.2008, passed by learned Single Judge, although we are willing to change the language of the final order, to make it operational within the four corners of the Government Order, and not beyond that. 14. Special appeal, therefore, fails and is dismissed. Judgment and order dated 28.04.2008, is hereby affirmed. 15. Respondents are directed to provide employment to the petitioners according to their eligibility on such posts of Class III and Class IV, which are outside the purview of Public Service Commission, as per Government Order dated 15.06.1985, within a period of four months from the date of production of certified copy of this order.