Swapnil Gupta v. National Thermal Power Corp. Ltd.

NAFR HIGH COURT of CHHATTISGARH, BILASPUR Writ Petition (S) No.850 of 2013 Swapnil Gupta S/o Pururshottam Gupta Aged About 19 Years R/o Seept, PS Seepat, Distt Bilaspur, Chhattisgarh. ----Petitioner

Versus

1. National Thermal Power Corporation Ltd. Through The Upper Manger Branch (Ma.Pa), National Thermal Power Corporation Ltd, PO Ujjawal Nagar, Seepat, PS Seepat, Distt Bilaspur,Chhattisgarh.

2. Sita Ram Gupta, aged about 60 years, S/o Ram Kishun Gupta, R/o Village Seepat, PS Seepat, Tahsil Masturi, District Bilaspur (CG). ---- Respondents For Petitioner :

Shri Vivek Ranjan Tiwari, Advocate.

For respondent No.1 :

Shri SS Baghel, Advocate.

For Respondent No.2 :

Shri Ravindra Agrawal, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.03.2018.

1. The challenge in the present writ petition is the order dated 16.03.2013 (Annexure-P/1) whereby the petitioner, who in the capacity of land oustee was being given training of ITI by the respondent No.1 and was due to be selected for the employment with the respondent No.1. However, his selection was withheld on account of objection raised by the respondent No.2 alleging that the land against which the petitioner has been subjected to training and called for employment was not infact the land belonging to the petitioner, but fell in the share of the respondent No.2. There were certain deeds which were executed into by the family members of the petitioner as also with the respondent No.2.

2. Given the aforesaid factual matrix of the case which exists, this court

is of the opinion that ends of justice would meet if the matter, at this juncture, is remitted back to the authorities of the NTPC, who in consultation with the officers of the Revenue Department of the State Govt. of the concerned area shall conduct a thorough inquiry in respect of the entitlement of the petitioner. They shall also enquire in respect of the title of the property against which the petitioner's claim for employment was being considered and thereafter a suitable order shall be passed in this regard as expeditiously as possible preferably within a period of four months subject to cooperation rendered by all the parties. The consultation of the NTPC officials shall be at the level not below the rank of SDO (Revenue).

3. With the aforesaid observations, the writ petition stands disposed of. Sd/- (P.Sam Koshy) Judge inder