Summary of Judgement
The petitioners sought employment for petitioner No. 2 (grand-daughter) under the R&R Policy due to land acquisition by Western Coal Fields Ltd. (WCL). The landowner's grand-daughter was initially considered for employment but later denied based on her relationship to the landowner. The court ruled in favor of the petitioners, stating the 2008 R&R Policy applies, which includes grand-daughters in the definition of "family." The court quashed the denial and directed WCL to reconsider the grand-daughter for employment within eight weeks.
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Introduction:
- Petitioners invoked writ jurisdiction under Article 226 of the Indian Constitution for employment for the grand-daughter (petitioner No. 2) under the R&R Policy due to land acquisition for WCL.
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Factual Background:
- Petitioner No. 1 owned land acquired by WCL under the Coal Bearing Areas (Acquisition and Development) Act, 1957.
- Land acquisition notifications were issued, and the land vested in the Central Government in 2011.
- Petitioner No. 1 nominated his grand-daughter for employment under the R&R Policy.
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Initial Actions:
- Respondents accepted the nomination, conducted medical examination and job training for petitioner No. 2.
- Later, respondents denied employment stating grand-daughter is not eligible as per the policy.
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Petitioners' Contention:
- Petitioners argued that the 2008 R&R Policy, which includes "other relatives," should apply as the notification was issued before the 2012 policy.
- They emphasized the inclusive nature of the term "family" in the 2008 policy.
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Respondents' Stand:
- Respondents argued that grand-daughter does not fit within the "family" as defined in the 2012 policy.
- They also mentioned that petitioner No. 2's father is alive, suggesting she is not dependent on the landowner.
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Legal Precedents:
- Petitioners cited previous judgments where grand-sons were considered under the 2008 policy.
- Respondents cited cases where the 2012 policy was applied, excluding grand-daughters.
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Court's Analysis:
- The court determined that the 2008 policy should apply as the notification was issued before the 2012 policy.
- The court found no justification for gender-based discrimination and held grand-daughter eligible under the 2008 policy.
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Conclusion:
- The court quashed the communication denying employment to the grand-daughter.
- WCL is directed to reconsider the grand-daughter for employment without gender-based discrimination within eight weeks.
Case Title: Namdeo s/o Gangaram Dhawas Versus Western Coal Fields Ltd. Ors.
Citation: 2024 LawText (BOM) (7) 113
Case Number: WRIT PETITION NO. 5223/2021
Date of Decision: 2024-07-11