Madras High CourtWP/12489/2012dismissed

V.Dayalan, v. The Government Of Tamil Nadu,

2023-07-24Honourable Mr Justice Rmt. Teekaa Raman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023

CORAM:

THE HON'BLE MR. JUSTICE RMT.TEEKAA RAMAN and M.P.Nos.1 +1 + 1 of 2012

1. V.Dayalan .. Petitioner in WP No.12489/12

2. B.Poonkodi .. Petitioner in WP No.12490/12

3. T.Suryaprakash .. Petitioner in WP No.12491/12 vs.

1. The Government of Tamilnadu Industries Department, Fort St. George, Chennai - 600 009.

2. The General Manager, BHEL/BA7, Ranipet, Vellore District.

3. The Collector, Vellore, Vellore District.

4. Convener and District Revenue Officer, Screening Committee, Vellore District, Vellore.

5. Revenue Divisional Officer, Ranipet, Vellore District.

Respondents in all WPs.

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Prayer in WP No.12489 of 2012: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in No.in Rc.G3/42285/2011 dated 09.12.2011 passed by the 4th respondent and to quash the same and consequently direct the 5th respondent to appoint the petitioner unskilled or for any other suitable post in BHEL for which the interview is called for.

Prayer in WP No.12490 of 2012: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in No.in Rc.G3/42156/2011 dated 09.12.2011 passed by the 4th respondent and to quash the same and consequently direct the 5th respondent to appoint the petitioner unskilled or for any other suitable post in BHEL for which the interview is called for.

Prayer in WP No.12491 of 2012: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in No.in Rc.G3/42279/2011 dated 09.12.2011 passed by the 4th respondent and to quash the same and consequently direct the 5th respondent to appoint the petitioner unskilled or for any other suitable post in BHEL for which the interview is called for.

For Petitioners : Mr.V.P.Rajendran in all WPs.

For Respondents : Mr.Dr.T.Seenivasan (for R1, 3 to 5) in all WPs.

Special Govt. Pleader Mr.John Zachariah (for R2) for M/s.Fox Mandal & Asso.

COMMON ORDER The learned counsel for the petitioners, the learned Special Government Pleader appearing for respondents 1, 3 to 5 and the learned counsel for the 2nd respondent are heard.

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2. The 2nd respondent-BHEL has filed a counter and the official respondents have filed a common counter affidavit.

3. The writ petitions are filed seeking the relief of employment in BHEL, Ranipet, the 2nd respondent under 'land loser category' and the Government has evolved a policy to give employment to one person in the family of the displaced land owners.

4. In this connection, in respect of Mr.V.Dayalan, petitioner in WP No.12489 of 2012, after due enquiry, the Screening Committee rejected the claim, as the employment in respect of the said land was already provided to Mr.LV.Dhanasekaran (Staff No.4167767) in the 2nd respondent Company at Ranipet and he is in employment of the 2nd respondent company since 13.12.1986.

5. In respect of Mrs.Poonkodi, petitioner in WP No.12490 of 2012, after due enquiry, the Screening Committee rejected the claim, as the petitioner's father-in-law Mr.Narayanasamy was not the Land Awardee. Further, employment in respect of the said land bearing Survey No.126/9 3/6

has already been provided in the 2nd respondent company to the actual Awardee's son Mr.L.V.Mani (Staff No.4165113).

6. In respect of Mr.T.Suryaprakash, petitioner in WP No.12491 of 2012, as per the said Award No.5/82, one Mr.Govindaraj was the Awardee in respect of the said S.No.184/7. No reference was made by the Government regarding ownership or compensation. Employment was provided to Mr.G.Ramachandran (Staff No.4153472), son of the land awardee, Mr.Govindaraj. Mr.G.Ramachandran (Staff No.4153472) has been employed in BHEL since 24.05.1983. Having given employment to the land awardee's son, the 2nd respondent has fulfilled the Government Order. Therefore, after due enquiry only, the Screening Committee has rejected the petitioner's claim.

7. On the above factual background, I find that one person in the family belonging to the land loser viz., in whose favour the award is passed in the Land Acquisition Proceedings, has already been accommodated.

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8. In such circumstances, the Division Bench of this Court has held that there cannot be duplication of benefit and identical writ petitions filed by the following 17 persons have been dismissed by the Hon'ble Division Bench of this Court.

Sl.No.

Writ Petition Petitioner Date of Dismissal 24238/2012 Joice Nirmala 05.03.2013 22132/2012 M.Durai 04.03.2013 22134/2012 Krishnamoorthy 04.03.2013 10476/2012 Dhakshinamurthy 04.03.2013 10477/2012 L.K.Gokulan 04.03.2013 10478/2012 S.Suresh Kumar 04.03.2013 10479/2012 L.Parasuraman 04.03.2013 10480/2012 L.Poongavanam 04.03.2013 10481/2012 M.Uma 04.03.2013 10482/2012 K.Dhanapal 04.03.2013 10483/2012 P.Uma 04.03.2013 10484/2012 A.Saravanan 04.03.2013 3226/2013 L.Manikandan 28.02.2013 32292013 G.Kotteswari 28.02.2013 3232/2013 M.Nalini 28.02.2013 3233/2013 Sathi Neela 28.02.2013 21027/2013 S.Parthiban 08.08.2012

9. Hence, I find no merits in these writ petitions and the same are dismissed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.

24.07.2023 Index: Yes/No Speaking/Non-Speaking Order ars RMT.TEEKAA RAMAN, J.

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