Karnataka High Court
Swapna Bhat vs The Chief Personal Officer,Konkan ... on 22 August, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:29908
WP No. 3950 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 3950 OF 2021 (S-RES)
BETWEEN:
SWAPNA BHAT
AGED 31 YEARS,
D/O VINAYAKABHAT,
NO.104, 5TH CROSS
(NEAR VERANJANEYA TEMPLE,
NEAR SARASWATHI NAGAR,
AUTO STAND, 2ND STAGE,
BENGALURU-560040
...PETITIONER
(BY SRI. DR P RAVI SHANKAR., ADVOCATE)
AND:
1. THE CHIEF PERSONAL OFFICER,
KONKAN RAILWAY CORPORATION LTD
REGD OFFICE BELAPUR BHAVAN
Digitally SECTOR II CBD BELAPUR,
signed by
PANKAJA S NAVI MUMBAI-400 614.
Location:
HIGH 2. THE CHAIRMAN
COURT OF
KARNATAKA RAILWAY BOARD,
GOVERNMENT OF INDIA,
MINISTRY OF RAILWAYS,
RAIL BHAWAN, NEW DELHI-100001
...RESPONDENTS
(BY SRI. SURAJ NAIK., ADVOCATE FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO OFFER THE PETITIONER SUITABLE
EMPLOYMENT IN THE RESPONDENT CORPORATION DIRECT TO
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NC: 2023:KHC:29908
WP No. 3950 of 2021
FRAME A SEPARATE SET OF PROCEDURE AND ALSO TO FIX A
CERTAIN PERCENTAGE OF SEATS IN EVERY RECRUITMENT FOR
THE LAND LOSERS, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner contends that she is the grand- daughter of Radha Bai W/o. Ananta Bhat, who was the owner and holding title of the land bearing Sy. No.163/2E measuring 5 acres 25 guntas situated at Shiroor village at Balale Hobli, Ankola Taluk. She contends that out of the extent of 5 acres 25 guntas, 3 guntas was acquired by the Konkan Railways in the year 1994 and compensation in respect of the said land was also paid.
2. She, however, states that the Konkan Railway Corporation, at the time of the acquisition, had assured the land losers that apart from monetary compensation, one member of the family would be given employment and she contends that as per the order dated 16.07.2010 issued by the Railways, she is entitled for being offered an employment.
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3. She also contends that her request for employment has been rejected by the Konkan Railway Corporation on the ground that she had applied for the NTPC post against the Notification dated 05.04.2018, but since she did not qualify in the Computer based test, her candidature could not be considered. It is contended that the petitioner was claiming employment as a land loser and therefore, the question of subjecting her to any test was illegal and in contravention to the Board order dated 16.07.2010 issued by the railways.
4. It is not in dispute that the Konkan Railway Corporation did issue a public Notification on 16.07.1998 and this Notification was issued after it received a large number of applications from land losers requesting for employment. The Corporation, having regard to the limited potential for providing employment, formulated a policy and this policy required certain conditions to be laid down for offering employment to the land losers. The -4- NC: 2023:KHC:29908 WP No. 3950 of 2021 original policy insofar as regards the implementation reads as follows-
"IMPLEMENTATION
1. Graduate candidates The Corporation issued a press notification in May 1996 for recruitment exclusively from land losers graduates for the post of ASM s, after concluding the selection, 130 candidates (44 in Maharastra, 22 in Goa, and 64 in Karnataka) have been employed in different posts. For the remaining vacancies open market recruitment was notified in September 97, clearly stating that other things being equal, preference will be given to land losers, accordingly, in the results of written test notified on 15.06.98 land losers have been shown as a separate group. However all candidates have to go through the psycho test and interview before preparation of final merit list. With this recruitment there are no further vacancies and hence no further opportunities in Konkan Railway for graduates and technically qualified land losers in any case, for further vacancies other things being equal, first preference will be given to land losers.
2. VIII pass candidates -5- NC: 2023:KHC:29908 WP No. 3950 of 2021 For the unskilled post of Gangmen etc., the Corporation issued press notification in July 1996 calling for application exclusively from VIII pass children of land losers. The application received have been listed in the descending order or preference of the land lost. This forms the waiting list. As and when vacancies are to be filled up, the candidates borne on the waiting list are called suitability test, medical examination and those found fit are give appointment. About 450 such candidates (212 in Maharastra, 76 in Goa, and 161 in Karnataka) have been thus appointed. There are no further vacancies at present.
PREPARATION OF WAITING LIST FOR FUTURE VACANCIES Whatever few vacancies which may arise in future are kept reserved for,
1. Compassionate ground employment for the dependents of those who lost their lives on the project.
2. Those who have lost 100% of their land holding as a result of this acquisition for the Konkan Railway Project, or their sons and unmarried daughters.-6-
NC: 2023:KHC:29908 WP No. 3950 of 2021 Only one candidate [per acquisition will be eligible to apply provided no employment to another is already given. Any persons falling under the above two categories should send their applications with all relevant details in the forms which can obtained free of cost from the Corporation offices at Balapur Rathnagiri Madgaon and Karwar should be submitted at Chief Engineer office, Rathnagiri (for maharastra) Madgaon (For Goa) and Karwar (For Karnatak). After verification of details the name of eligible candidates will be kept on a fresh waiting list for consideration for different posts according to their eligibility and suitability.
With this action the existing waiting list will be scrapped. Also in view of the foregoing Corporation will not be able to take cognizance of the individual application not falling under categories a) and b).
Public are requested not to fall for any promises of employment held by unscrupulous elements'."
5. As could be seen from this policy, the Corporation did call for applications exclusively from the land losers in May 1996 and 130 candidates had been employed in different -7- NC: 2023:KHC:29908 WP No. 3950 of 2021 posts; and for the remaining vacancies, an open market recruitment Notification was issued. Thus, the Konkan Railway Corporation did, in fact, employ 130 candidates exclusively from the group of land losers and even in respect of open market Notification, pursuant to the results of the written test notified, the land losers were also shown as a separate group and all the candidates were required to go through a psycho test and interview before preparation of final merit list, and after this process was concluded, no further vacancies were available, and consequently, no further opportunities in the Konkan Railway for graduates and technically qualified were available.
6. The said order also contemplates a provision for the candidates who had passed only VIII Standard and it is stated that the Corporation had issued a Press Notification in July, 1996 calling for applications exclusively for children of the land losers, who had passed only VIII Standard and the applications received had been listed in -8- NC: 2023:KHC:29908 WP No. 3950 of 2021 the descending order of preference. The order also indicates that there was a waiting list, and as and when the vacancies were filled up, the candidates borne on the waiting list who were qualified and those found fit were given an appointment. Accordingly, about 450 candidates had also been appointed and there were no further vacancies.
7. In respect of preparation of a waiting list for future vacancies, the Corporation has stated that whenever few vacancies arise, the same would be kept reserved for appointment on compassionate ground for dependants of those who lost their lives in the project and those who lost 100% of their land holding as a result of the acquisition for the Konkan Railway Project, or their sons and unmarried daughters. A further stipulation is made that only one candidate per acquisition would be eligible to apply.
8. As noticed above, pursuant to the land acquisition by the Konkan Railway Corporation, an opportunity was already given to the land losers and in respect of the -9- NC: 2023:KHC:29908 WP No. 3950 of 2021 technically qualified candidates, 130 posts were given to the land losers and 450 vacancies were given to those candidates, who had passed VIII Standard and a separate provision has been made for preparation of a waiting list for future vacancies and these would be filled up only from those people who have lost 100% of their land holding.
9. Admittedly, even according to the petition averments, the petitioner's family has lost only 3 guntas out of the total extent of 5 acres 25 guntas, and therefore, she would not be eligible to be considered even for future vacancies.
10. It is to be kept in mind that the purpose of having an employment policy exclusively for Konkan Railway would be with regard to the land that has been given up only for the purpose of forming Konkan Railway and this opportunity cannot be an ever lasting one.
11. In other words, in respect of acquisition in the year 1994, there can neither be vacancies nor any preservation
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NC: 2023:KHC:29908 WP No. 3950 of 2021 of a right created in respect of land losers after nearly three decades. The only exception created under the policy of Konkan Railway is in respect of those people who have lost 100% of their land holding, to be considered for future vacancies. I am, therefore, of the view that the petitioner has not established her legal right to seek employment under the 'Land Losers' quota.
12. The other argument advanced by the petitioners that as per the Board order issued by the Railways, the petitioner, who was claiming an appointment under the 'Land Loser' category, was merely required to fulfill the eligibility criteria and should not be subjected to any process of testing, cannot be accepted. No doubt the Konkan Railway Corporation will have to be considered as a Corporation owned jointly by the Union as well as a couple of State Governments. That would not, by itself, amount to every policy decision of Railways being automatically applicable to the Konkan Railway Corporation.
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NC: 2023:KHC:29908 WP No. 3950 of 2021
13. The Konkan Railway Corporation being a separate Corporate Entity is entitled to make its own policies to suit its needs and the policy of the Ministry of Railways cannot ipso facto be applicable unless the Corporation chooses to adopt the same. I am, therefore, of the view that there is no merit in the Writ Petition and is therefore, liable to be dismissed.
14. The petitioner also contends that under the Notification, a separate category has been earmarked for the land loser candidates and therefore, as a matter of right, she was required to be appointed. As already held above, the policy of offering employment immediately on acquisition is different and as noticed earlier, the Konkan Railway Corporation did make a policy for offering appointments to the land losers.
15. However, the clause inserted by the Corporation, providing an eligibility to the land losers also to apply, would not lead to an inference that a land loser can fall back upon the guidelines of the Railways to demand
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NC: 2023:KHC:29908 WP No. 3950 of 2021 employment, as a matter of right and that too without having to undergo the requisite tests. The Konkan Railway Corporation has merely made a quota for providing employment to the land losers, subject to their suitability. In this case, it is noticed by the Konkan Railway Corporation that the petitioner was not a suitable candidate, since she did not qualify in the computer based test and therefore, they were justified in rejecting her request. The fact that the Konkan Railway Corporation has also reserved rights to the petitioner to seek appointment in future selection process also indicates that it is open for the petitioner to apply for future vacancies. I find no reason to interfere and the Writ Petition is, therefore, dismissed.
Sd/-
JUDGE HNM List No.: 1 Sl No.: 33