Ram Kumar Kaiwartya v. National Thermal Power Corporation Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1085 of 2017 • Ram Kumar Kaiwartya S/o Pakla Kaiwartya, Aged About 50 Years R/o Village Nirtu, Post Ghutku, P. S. Koni, Tahisl Takhatpur, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. National Thermal Power Corporation Limited Through Its Chairman- Cum- Managing Director, Post OfÏce Ujjawal Nagar, Sipat, P. S. Sipat, Tahsil Masturi, District Bilaspur (Chhattisgarh) 495555

2. Assistant General Manager, Human Resource Department, N. T. P. C. Ltd. Sipat, Post OfÏce Ujjawal Nagar, P. S. Sipat Tahsil Masturi, District Bilaspur (Chhattisgarh) 495555

3. National Thermal Power Corporation, Through Its Chief Managing Director, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi 110003

4. The Collector, Bilaspur, District Bilaspur (Chhattisgarh) 495001

5. Sub Divisional OfÏcer (Revenue), Tahsil Masturi, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner:

Mr. Alok Bakshi, Counsel For Respondent No.1 to3: Mr. B.D. Guru, Counsel For State :

Mr. Shashank Thakur, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06.03.2

1. The grievance of the Petitioner is that the land belonging to the Petitoiner has been acquired in setting up of the power plant at Sipat, District- Bilaspur. While the land was being acquired the people were given an assurance that as per the policy of the State Government they would be entitled for employment in lieu of the land that

has been acquired by the Respondents. Though power plant has been established and commissioned now, but grant of employment to the Petitioner has not been considered by the Respondent authorities.

2. At this juncture learned Counsel for the Respondent establishment submits that it appears that the representation by the Petitioner has been made before the Collector and the Management of N.T.P.C. has not received any representation on behalf of the Petitioner. Subject to the Petitioner making representation in this regard before the Management the same shall be considered without any delay in accordance with the rules and policy governing the field.

3. In view of the said statement, let the Respondent No. 4 the Collector Bilaspur as well as the Respondent No.3, the authorities of the Management of N.T.P.C., Sipat take a decision in respect of the Petitioner's claim for employment in lieu of his land that has been acquired by the Management of the N.T.P.C.

4. If the Petitioner till date has not submitted his representation, he would be at liberty to file a fresh representation to Respondents No.3 and 4 supported with relevant documents pertaining to his claim along with a copy of certified copy of this order.

5. Pursuant to the receipt of the representation of the Petitioner, the Respondent authorities shall take decision

on the said claim application within a further period of 90 days from the date of receipt of his representation.

6. With the aforesaid observation, the Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) JUDGE kishore