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2018 DIGILAW 1589 (JHR)

Rajesh Kumar Sahu v. Union of India through the Secretary, Ministry of Coal

2018-07-19

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : D.N. Patel, J. 1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(S) No.2834 of 2013 was dismissed by the learned Single Judge vide judgment and order dated 28.10.2013, and hence, the original petitioner has preferred this Letters Patent Appeal. 2. Factual Matrix : The land of the mother of this appellant (original petitioner) was acquired by the Northern Coalfields Limited. This is a separate legal entity from respondent nos.1, 2 and 3. The land was situated in the district of Singrauli in the State of Madhya Pradesh. The land was acquired in the month of February, 1982. The Coal India Limited floated a policy in the year 2008 (Annexure – 9) and there are few clauses upon which the whole writ petition has been preferred to the effect that those who are displaced persons they can get 5 marks out of 100, as extra marks, in the selection process, for Class – IV employees by respondents. The Central Mine Planning & Design Institute Limited (for the sake of revity hereinafter referred to as 'CMPDIL') has given public advertisement for the post of Assistant Driller (Annexure – 2). This appellant is claiming extra 5 marks out of 100, because his mother's land was acquired, which was situated in the State of Madhya Pradesh, by another company namely, Northern Coalfields Limited, which has nothing to do with the CMPDIL. This appellant has preferred writ petition being W.P. (S) No.2834 of 2013 which was dismissed by the learned Single Judge vide judgment and order dated 28.10.2013, hence, the original petitioner has preferred the present Letters Patent Appeal. 3. Arguments canvassed by the counsel for the appellant (original petitioner) : I. Counsel appearing for the appellant (original petitioner) has submitted that as per Anexure – 9, policy floated by the Coal India Limited, this appellant (original petitioner) is entitled to 5 marks extra, because his mother's land, which was situated in the State of Madhya Pradesh, was acquired by the Northern Coalfields Limited. II. II. It is submitted by the counsel for the appellant that the Coal India Limited is a holding company and its subsidiary companies are the Northern Coalfields Limited and the CMPDIL, and hence, even if the land of the mother of this appellant was acquired by the Northern Coalfields Limited, he must get 5 marks extra when interview is conducted by the CMPDIL. This aspect of the matter has not been properly appreciated by the learned Single Judge, hence, the judgment and order delivered in W.P.(S) No.2834 of 2013 dated 28.10.2013 deserves to be quashed and set aside. 4. Arguments canvassed by the counsel for the respondent No.4. : I. Counsel appearing for the respondent No.4 has submitted that the Northern Coalfields Limited and the respondent No.4 – CMPDIL are two separate legal entities. They can sue and they can be sued separately. For what is done by the Northern Coalfields Limited, respondent No.4 cannot suffer. Meaning thereby too, if the land is acquired by the Northern Coalfields Limited at Singrauli, Madhya Pradesh, 5 marks cannot be given to this appellant at Ranchi in the State of Jharkhand by the respondent No.4 – CMPDIL. This aspect of the matter has been properly appreciated by the learned Single Judge while dismissing the writ petition being W.P. (S) No.2834 of 2013 preferred by this appellant (original petitioner). Moreover, the land was acquired in the month of February, 1982 by some another company in the State of Madhya Pradesh when this appellant was aged completely 4 years, and hence, also he cannot claim 5 marks extra in CMPDIL in the State of Jharkhand. No head and tail is matching in this matter, i.e., the land was acquired in the State of Madhya Pradesh and the claim of extra 5 marks is raised in the State of Jharkhand, likewise, the land was acquired by the Northern Coalfields Limited, and 5 marks extra is being claimed from another company – CMPDIL. Similarly, in the month of February, 1982, the land was acquired and 5 marks extra is being claimed in the year 2013, i.e., after 31 years. Thus, there is no right vested in this appellant (original petitioner) to claim 5 marks extra in the selection process in the public post for which advertisement is floated by CMPDIL (Annexure – (2), hence, this Letters Patent Appeal may be dismissed with cost. II. Thus, there is no right vested in this appellant (original petitioner) to claim 5 marks extra in the selection process in the public post for which advertisement is floated by CMPDIL (Annexure – (2), hence, this Letters Patent Appeal may be dismissed with cost. II. Counsel appearing for the respondent No.4 has submitted that the CMPDIL is concerned with the consultancy services whereas the Northern Coalfields Limited is concerned with the coal production. Reasons : 5. Having heard counsels for both the sides, and looking to the facts and circumstances of the case, we see no reason to entertain this Letters Patent Appeal mainly for the following facts and reasons : I. This appellant is claiming 5 marks extra in the interview or in the selection process for the post of Assistant Driller. Advertisement has been floated by CMPDIL (Annexure – 2) mainly for the reason that the land of the mother of this appellant (original petitioner) which was situated in the State of Madhya Pradesh, was acquired by Northern Coalfields Limited, and therefore, another separate legal entity - respondent No.4 – CMPDIL should give 5 marks extra. This contention was not accepted by the learned Single Judge, and hence, this Letters Patent Appeal has been preferred by the original petitioner. II. It appears that the Northern Coalfields Limited and respondent No.4 – CMPDIL are two separate legal entities. They can sue and can be sued, separately. For the land acquired by the Northern Coalfields Limited, no concession can be given by the CMPDIL in the selection process for the public post – Assistant Driller. III. The land was situated in district of Singrauli, Madhya Pradesh, whereas the claim is being made by this appellant in the State of Jharkhand. The land was acquired by Northern Coalfields Limited and claim of 5 marks extra is being raised before another separate legal entity, namely, viz. respondent No.4-CMPDIL, which is not permissible in the eye of law. These aspects of the matter have been properly appreciated by the learned Single Judge while dismissing the writ petition being W.P.(S) No.2834 of 2013 vide judgment and order dated 28.10.2013. IV. respondent No.4-CMPDIL, which is not permissible in the eye of law. These aspects of the matter have been properly appreciated by the learned Single Judge while dismissing the writ petition being W.P.(S) No.2834 of 2013 vide judgment and order dated 28.10.2013. IV. It further appears from the facts of the case that the land was acquired earlier in the month of February, 1982 whereas, the claim of 5 extra marks are being made by this appellant after 31 long years, i.e., in the year 2013 which cannot be entertained by any one and much less by another separate legal entity – CMPDIL. Thus, after 31 long years no marks can be given and that too, by another company – respondent No.4. 6. As a cumulative effect of the aforesaid facts and reasons, there is no substance in this Letters Patent Appeal, and the same is therefore, dismissed with a cost of Rs.5,000/- (Rupees five thousand). 7. This amount will be deposited by this appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund. This amount will be deposited in Bank A/c No.3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of four months from today towards Juvenile Justice Fund. The aforesaid amount shall be utilized for the welfare of the juveniles as per the duties assigned to the State under the Juvenile Justice (Care and Protection of Children) Act, 2015. 8. Copy of this order will be sent by the Registrar General of this Court to :- (a) the Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi, and (b) the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi.