Mohit Saini vs State Of Uttar Pradesh & Others
2014 Latest Caselaw 2241 Del

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  SPECIAL APPEAL NO. 167 OF 2014
Mohit Saini                                                    ..........Appellant.

                                       Versus


State of Uttar Pradesh and others.                             ......Respondents.


Mr. Ajay Veer Pundir, Advocate for the appellant.
Ms. Beena Pande, Standing Counsel for the State of Uttar Pradesh.



Coram:         Hon'ble Barin Ghosh, C.J.
               Hon'ble V.K. Bist, J.

Barin Ghosh, C.J. (Oral)

Under the Government Order dated 21st September, 1981, two family members of the land-loser are entitled to employment. One member of the family of the appellant has been granted appointment. On that ground, the claim of the appellant has been rejected. Aggrieved thereby, the writ petition was filed by the appellant, where it was contended that appropriate recommendation in his favour has been made. By the judgment under Appeal, the writ petition has been dismissed on two grounds, namely, the claim for employment was made for the first time in the year 2009; whereas acquisition was made in the year, 1982, and the other ground is that one member of the family of the appellant has been appointed. Aggrieved thereby, the present Appeal has been preferred. The writ petition was affirmed by the petitioner on 15th December, 2011. In that, he had stated that he was then 24 years' old. Accordingly, as on the date of acquisition, appellant was not even born. The policy of the Government did not apply to unborn future members of the family.

2. Be that as it may, learned counsel for the respondents has produced before us a judgment rendered by a Full Bench of the Hon'ble Allahabad High Court in the case of Ravindra Kumar Vs. District Magistrate, Agra and others reported in 2005 (2) AWC

1650 (FB), whereby and under, the very policy giving appointment, in addition to compensation for acquisition of land, has been declared to be ultra vires. We, accordingly, dismiss the Appeal.

      (V.K. Bist, J.)                  (Barin Ghosh, C.J.)
                        02.05.2014
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