Haryana State Electricity Board& ANR Vs. Maha Singh & ANR 
INSC 440 (21 April 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R Leave granted.
appeal by special leave arises from the judgment of the Division Bench of High
Court of Punjab & Haryana, made on January 17, 1987 in CWP No . 1813/96 .
admitted position is that as per the policy of acquisition, the appellants are
required to provide an employment to one of the members of the family whose
land is acquired. The cut-off date prescribed was December 13, 1991.
Singh, brother of the respondent and son of the owner had applied for
appointment. Since he was not being considered, he filed a writ petition before
the High Court.
High court directed the Board-appellant to appoint Shamsher Singh. However,
before appointment could to be made, he died. Consequently, his wife Smt.
Suresh Bala applied for and was appointed. Subsequently, the respondent
appointment but he was not given appointment as appointment had already been
given to the widow of Shamsher Singh.
he filed writ petition. The same stand has been taken in the High Court; the
Division Bench has held that in view of the Policy that employment will be
provided to one of the members of the family of the owner, appointment to the
first respondent us required to be made and appointment of suresh Bala is
illegal. Thus appeal by special leave.
Goodwill Indeevar, learned counsel for the respondents, contends that the land
belonged to the mother of the respondent and she gave consent for appointment
of Shamsher Singh. After his demise, she gave consent to the employment of
respondent, her second son. The very object is to provide assistance to the
displaced persons due to the acquisition. As Shamsher Singh died, the necessary
appointment should be given to one of the members of the family of the family
of the owner. Therefore, it is argued that her appointment is illegal in law.
she being widow had applied for appointment in place of her husband, Shamsher
Singh; admittedly, sanction was given for giving appointment to her husband, of
Shamsher singh. The appellants have acceded to her request and gave appointment
to Suresh Bala. She having been appointed, there cannot be a direction for
appointment of another member from the same family. Therefore, the High is was
not right in giving direction to appoint the respondent.
appeal is according allowed. the writ petition stands dismissed. No costs.