Sunita Kumari v. The National Thermal Power Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18250 of 2013 ===================================================

1. Sunita Kumari D/O Kartik Singh Resident Of Village Chakraju, P.SKahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The National Thermal Power Corporation Ltd., Kahalgaon, District Bhagalpur, Through Its Chief General Manager.

2. The Chief General Manager, N.T.P.C. Ltd, Kahalgaon, DistrictBhagalpur.

3. The General Manager, N.T.P.C. Ltd., Kahalgaon, Bhagalpur.

4. The Deputy General Manager (Human Resources and Personal), N.T.P.C. Ltd., Kahalgaon, District- Bhagalpur.

5. The Assistant General Manager (Human Resources and Personal), N.T.P.C. Ltd., Kahalgaon, District- Bhagalpur. .... .... Respondent/s =================================================== Appearance :

For the Petitioner/s : Mr.Y.C. Verma, Sr. Advocate Mr. Praveen Kumar, Advocate.

For the Respondent/s : Mr. Anil Kumar Sinha, Advocate. =================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 27-07-2016 Heard Mr. Y.C. Verma in support of the writ application and Mr. Anil Kumar Sinha appearing for the respondent -National Thermal Power Corporation Ltd ( for short 'the NTPC'). The petitioner claims herself as the member of the family who lost land due to acquisition by the respondent- NTPC. According to the resolution of the respondent-NTPC, one person in

Patna High Court CWJC No.18250 of 2013 dt.27-07-2016 2/3 the family is entitled to get an employment of specified category with the respondent NTPC. Although the petitioner is married daughter but is dependent on her. This Court may direct the respondent to consider her claim and grant employment in the respondent- NTPC.

Mr. Sinha, appearing for the respondent, has raised two objections. It is stated that it does not appear from the pleadings that any such application was earlier filed before the appropriate/ competent authority of the respondent- NTPC which was considered and rejected. Secondly, it is stated that according to the earlier decision of the respondent- NTPC the petitioner would not qualify for appointment as indisputably she is the married daughter of the land oustee. He also points out that earlier the petitioner had raised a claim for employment under Skilled category which was turned down. Any appointment to the land oustee can be made only in unskilled category subject to the availability of the vacancy.

On a consideration of the rival submissions of the parties and on perusal of the record, it does appear to the Court that the claim of the petitioner has not yet been considered on a representation or claim filed by her.

Patna High Court CWJC No.18250 of 2013 dt.27-07-2016 3/3 with all required papers/documents within a period of three weeks whereafter the said respondent will consider the claim of the petitioner and take appropriate decision in accordance with law as quickly as possible preferably within two months of such filing of the application.

(Kishore Kumar Mandal, J) Shyam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 2/08/2016 Transmission Date