Joginder Singh vs State of Haryana and others

Tejinder Singh Dhindsa, J.—Heard learned counsel for the petitioner.

The Haryana Power Generation Corporation Ltd. (herein after referred to as the H.P.G.C.L) has framed a policy to provide a job to one dependent of the land owning family, whose land is acquired for setting up of a thermal infrastructure. The eligibility as per policy is that wherever 75% or more land in a revenue estate subject to a minimum of two acres is acquired for such infrastructure projects then one dependent of such land owning family would be provided a job in the Govt. or in its Board/Corporation subject to the incumbent fulfilling the qualification prescribed for such a post.

The petitioner is a resident of village Khedar, Distt. Hisar. Being eligible under the policy in terms of land in excess of two acres belonging to his family having been acquired, he joined on the post of Lower Division Clerk in the Deen Bandhu Chhotu Ram Power Project, Yamuna Nagar on 26.7.2011. He was served with a show cause notice dated 21.10.2011 on the basis that he does not possess the prescribed qualification of having second division in 10+2 examination as per recruitment and promotion policy for the post of Lower Division Clerk. The petitioner was called upon to show cause as to why he be not considered for the post of Peon on the basis of the qualification he possessed. Petitioner submitted his reply dated 8.11.2011 (Annexure P-5) making a request that he be granted time so as to improve his grade in 10+2 examination and alternatively requested the respondent-authorities to consider his case for other technical/non-technical post for which he could be considered qualified. The petitioner is presently aggrieved of the order dated 29.11.2011, whereby the reply submitted by the petitioner has been rejected and he has been granted an option to join on the post of Peon within a period of 15 days.

A perusal of the impugned order would also reveal that the request of the petitioner for being considered for any other post be it a technical/non-technical has been declined only on the basis that he had not submitted the requisite certificates of possessing technical qualification at the time of issuance of his appointment letter for the post of Lower Division Clerk (Field).

The entire objective of the policy framed by respondent no.1 is to rehabilitate and provide a means of sustenance to an effected land owner whose 75% or more land holding has been acquired for setting up an infrastructure project. Any consideration of the land owner who applies for a job in lieu of land acquired has to be considered sympathetically. In case the petitioner possessed the requisite technical qualification, he was vested with a right to be considered for the technical/non-technical post for which he was qualified in terms of the recruitment/promotion policy.

Accordingly, the present writ petition is disposed of in terms of granting liberty to the petitioner to make a detailed request to respondent no.2 by mentioning and furnishing proof of all the qualifications that he possesses. Respondent no.2 is directed to take into consideration the fact of availability of post etc. and to consider such claim of the petitioner in due process of law. Upon filing of such a request, requisite decision be taken within a period of six weeks from the date of receipt of certified copy of this order. In the meantime, the petitioner would be permitted to join on the post of Peon in terms of order dated 29.11.2011.

Writ petition is accordingly disposed of in the above terms