Calcutta High Court (Appellete Side)
Anup Mula & Ors vs West Bengal Power Development on 7 February, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
12
07.02.2019.
d.p.
W.P. 1343 (W) of 2019
Anup Mula & Ors.
-versus
West Bengal Power Development
Corporation Limited & Anr.
Mr. Rananeesh Guha Thakurta.
...For the Petitioners.
Mr. Ranjay De,
Mr. B. Banerjee.
...For the Respondents.
Affidavit-of-service filed in Court today be kept with the record.
Land of the mother of the petitioner No.1 who is the petitioner No. 3 was acquired by the Government in the year 1974 for utilization by the respondent corporation. The petitioner No.3 nominated her husband being the petitioner No.2 for employment in the land loser's category. For whatever reason, the petitioner No.2 was not successful in getting a job. Thereafter, a notification was published for recruitment to various posts in the respondent corporation. The petitioner No.1 had applied as a general category candidate. He was unsuccessful. He along with the other petitioners has filed a writ petition being W.P. No. 15142 (W) of 2016 which is pending disposal in this Court.
The present writ petition has been filed by the selfsame petitioners challenging a fresh employment notification which was issued by the respondent No.1 in 2018. In this writ application, the petitioners' prayer is firstly, that the petitioner No.1 should be given employment and secondly, he should be considered as an exempted category candidate.
Learned counsel for the respondents drew my attention to a notification dated 21st August, 2002 issued by the Labour Department, Government of West Bengal in exercise of powers conferred by Section 3 of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 which is, inter alia, to the effect that persons belonging to the family of land losers shall be considered to be belonging to exempted categories. Learned counsel also drew my attention to another notification of the same date issued under the same statutory provision which, inter alia, lays down the procedure of employing persons belonging to families of land losers. Learned counsel submitted that such procedure has to be followed. The petitioner No.1 has to register himself with the concerned Employment Exchange. Only when the Employment Exchange recommends his name, the respondent corporation may consider to employ him.
Learned counsel for the petitioners submitted that the first notification dated 21st August, 2002 referred to above makes it clear that the same will not be applicable to acquisition of land by the State Government on or after 17th October, 1977. In the present case, the land was acquired in 1974.
In response learned counsel for the respondents submits that by a subsequent notification, the said clause restricting application of the notification dated 21st August, 2002 to acquisition of land made after 17th October, 1977 was deleted.
List the matter on 12th February, 2019 when learned counsel for the respondents shall produce documents to show that the said restrictive clause was subsequently deleted.
( Arijit Banerjee, J.)