Full Judgment Text
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PETITIONER:
HARYANA STATE ELECTRICITY BOARD& ANR.
Vs.
RESPONDENT:
MAHA SINGH & ANR.
DATE OF JUDGMENT: 21/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
of the Division Bench of High Court of Punjab & Haryana,
made on January 17, 1987 in CWP No . 1813/96 .
The admitted position is that as per the policy of
acquisition, the appellants are required to provide an
employment to one of the members of the family whose land is
acquired. The cut-off date prescribed was December 13, 1991.
One Shamsher Singh, brother of the respondent and son of the
owner had applied for appointment. Since he was not being
considered, he filed a writ petition before the High Court.
The High court directed the Board-appellant to appoint
Shamsher Singh. However, before appointment could to be
made, he died. Consequently, his wife Smt. Suresh Bala
applied for and was appointed. Subsequently, the respondent
appointment but he was not given appointment as appointment
had already been given to the widow of Shamsher Singh.
Consequently, he filed writ petition. The same stand has
been taken in the High Court; the Division Bench has held
that in view of the Policy that employment will be provided
to one of the members of the family of the owner,
appointment to the first respondent us required to be made
and appointment of suresh Bala is illegal. Thus appeal by
special leave.
Shri Goodwill Indeevar, learned counsel for the
respondents, contends that the land belonged to the mother
of the respondent and she gave consent for appointment of
Shamsher Singh. After his demise, she gave consent to the
employment of respondent, her second son. The very object is
to provide assistance to the displaced persons due to the
acquisition. As Shamsher Singh died, the necessary
appointment should be given to one of the members of the
family of the family of the owner. Therefore, it is argued
that her appointment is illegal in law.
However, she being widow had applied for appointment in
place of her husband, Shamsher Singh; admittedly, sanction
was given for giving appointment to her husband, of Shamsher
singh. The appellants have acceded to her request and gave
appointment to Suresh Bala. She having been appointed, there
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cannot be a direction for appointment of another member from
the same family. Therefore, the High is was not right in
giving direction to appoint the respondent.
The appeal is according allowed. the writ petition
stands dismissed. No costs.