Madras High Court
R.Suresh vs ) The Chairman on 1 February, 2019
Author: C.Saravanan
Bench: C.Saravanan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2019
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.17424 of 2014
and
W.M.P.(MD) No.1231 of 2016
and
M.P.(MD) Nos.1 & 2 of 2014 and 1 of 2015
R.Suresh ... Petitioner
Vs.
1) The Chairman,
Indian Space Research Organization,
Government of India Department of Space,
Antariksh Bhavan, New BEL Road,
Bangalore 560 231
2) The Administrative Officer (Recruitment),
Liquid Propulsion System Centre,
(Presently ISRO Propulsion Complex)
Mahendragiri 627 133
Tirunelveli District.
3) The Controller,
Liquid Propulsion System Centre,
Valiamala P.O.,
Thiruvananthapuram – 695 547
4) The Administrative Officer (Recruitment),
Liquid Propulsion System Centre,
Valiamala P.O.,
Thiruvanthapuram 695 547
5) Mamindla Sathish ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records relating to
http://www.judis.nic.in
2
the impugned order No. 1/5(6) /13 - DLS dated 27.03.2014 issued by the 3rd
respondent and quash the same as illegal and consequently direct the 4th
respondent to consider the petitioner for appointment to the post of
Technical Assistant (Civil) under priority category of member of a family
displaced on account of acquisition of lands at the 2nd respondent LPSC
centre.
For Petitioner : Mr.M.Jerin Mathew
For Respondents : Mr.E.T.Rajendran
For Impleaded : Mr.S.Balaji
Respondent
ORDER
The writ petitioner has come forward seeking to call for the records pertaining to the impugned order dated 27.03.2014 issued by the third respondent rejecting the petitioner's prayer for being appointed as Technical Assistant as special category on account of the acquisition of his land in the light of the judgment rendered by the Hon'ble Division Bench of this Court and that of the Kerala High Court in W.A.No.2736 & 2737 of 2001.
2.The respondents advertised and called for application for 45 different posts. Though the petitioner applied for the post of Technical Assistant (Civil) on 06.11.2013, he did not attend the written test and http://www.judis.nic.in 3 claimed priority over others on the strength of the aforesaid decision of the Division Bench of this Court in W.A.Nos.2736 & 2737 of 2001 dated 29.06.2006.
3.Based on certain recommendations of the Secretary to the Government of India, at the time of acquisition of the land, the Division Bench had concluded that the lands of the petitioners therein were taken away and therefore, they were entitled for compensation on the basis of G.O.Ms.No.656, Labour and Employment Department dated 29.06.1978 and promises were made to provide employment to those persons, whose lands were compulsorily acquired at nominal rates.
4.On the strength of the said order of the Hon'ble Division Bench of this Court and that of the Kerala High Court in W.P.(C) No.19060 of 2007 dated 27.03.2009, the petitioner sent to the respondents representations on 07.11.2013 and another representation dated 02.01.2014.
5.The respondents however rejected the request of the petitioner citing the decision of the Hon'ble Supreme Court against the decision of the Hon'ble Division Bench cited supra in its order dated http://www.judis.nic.in 4 05.04.2011 in SLP(Civil) No.16943/2006 arising out of the aforesaid order. The order of the Hon'ble Supreme Court reads as under:-
“Heard Mr.Mohan Parasaran, learned ASG appearing for the petitioners at length. The points raised by Mr.Parasaran cannot be said to be completely devoid of substance. But having regard to the facts of the case, we are not inclined to interfere in the matter. The special leave petition is dismissed, leaving the question of law open.
It is further made clear that the order passed by the Division Bench of the High Court shall not confer any right on the other landholders whose lands were acquired for the project and the High Court order shall not form the basis to raise any further claims for appointment on the ground of acquisition of land for the project.”
6.Earlier the petitioner had filed another writ petition vide W.P.No.1218/14 to consider his representation dated 02.01.2014 along with http://www.judis.nic.in 5 the online application filed by the petitioner. The Court had directed the respondents to dispose of the representation without making any observations on the merits of the case.
7.Learned counsel appearing for the respondents 1 to 4 submitted that already a person by name Mamindla Sathish had applied for the post and qualified for the same. However, in view of the order passed by this Court dated 29.10.2014 to keep one post vacant, the said post was not filled, even though the said Mamindla Sathish was issued with the communication dated 30.05.2015 selecting him on merits. The appointment has been deferred pending the outcome of the present writ petition.
8.The said Mamindla Sathish has also filed a miscellaneous petition in W.M.P.(MD) No.1231 of 2016, which is listed today, for impleading himself as a respondent. The said petition was ordered today by a separate order.
9.On behalf of the petitioner, it was argued at length and it was submitted that his family was affected by the acquisition of lands and his family was displaced at the time of setting up of second respondent Liquid http://www.judis.nic.in 6 Propulsion System Centre by the respondent. It was further submitted that he was entitled for appointment
10.The learned counsel appearing for the petitioner further submitted that even though the Hon'ble Supreme Court had stated that no person can claim reservation based on the decision of the Hon'ble Supreme Court, the respondent had earlier appointed one Suresh in the year 2006.
11.It is therefore submitted that the denial of employment to persons whose lands were acquired at nominal/concessional compensation is unfair and the respondents 1 to 4 being the State are obliged to appoint the petitioner.
12.I have considered the arguments advanced on behalf of the petitioner and the respondents and that of the 5th respondent, who has now been impleaded.
13.The Hon'ble Supreme Court while declining to interfere with the order of this Court dated 29.06.2006, made it clear that the order of the Division Bench of this High Court shall not confer any right on any other http://www.judis.nic.in 7 persons whose lands were acquired for the project to claim for differential right of appointment on the ground of acquisition of the land for the project.
14.The observation of the Hon'ble Supreme Court is very clear that no person can claim any right based on the decision of the Hon'ble Division Bench of this Court. The learned counsel appearing for the petitioner was unable to give any assistance in this. Consequently, this writ petition is dismissed while leaving the larger issue regarding any question of law arising out of acquisition of land on which the Liquid Propulsion System Centre, presently ISRO Propulsion Complex, Mahendragiri, Tirunelveli District is situated open to be considered later.
15. Therefore, this writ petition is dismissed while leaving the question of law open as per the decision of the Hon'ble Supreme Court.
16.The petitioner is also given liberty to raise appropriate questions of law at an opportune moment in view of the observation of the Hon'ble Supreme Court. The respondents are at liberty to issue appropriate http://www.judis.nic.in 8 orders for appointment of the 5th respondent who was impleaded today.
17.This writ petition is accordingly dismissed. No costs. Consequently, rests of the connected miscellaneous petitions are dismissed.
01.02.2019 Index: Yes / No Internet: Yes / No Arul/sts http://www.judis.nic.in 9 To
1) The Chairman, Indian Space Research Organization, Government of India Department of Space, Antariksh Bhavan, New BEL Road, Bangalore 560 231
2) The Administrative Officer (Recruitment), Liquid Propulsion System Centre, (Presently ISRO Propulsion Complex) Mahendragiri 627 133 Tirunelveli District.
3) The Controller, Liquid Propulsion System Centre, Valiamala P.O., Thiruvananthapuram – 695 547
4) The Administrative Officer (Recruitment), Liquid Propulsion System Centre, Valiamala P.O., Thiruvanthapuram 695 547 http://www.judis.nic.in 10 C.SARAVANAN,J.
Arul W.P.(MD) No.17424 of 2014 01.02.2019 http://www.judis.nic.in