Kewal Chand vs Indian Oil Corporation Limited
2021 Latest Caselaw 12866 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 2129/2020

Kewal Chand

----Petitioner Versus Indian Oil Corporation Limited

----Respondent Connected With S.B. Civil Writ Petition No. 16221/2019 Kailash Chandra

----Petitioner Versus Indian Oil Corporation Limited

----Respondent

For Petitioner(s) : Mr. Sanjeet Purohit Mr. Hemant Balani For Respondent(s) : Mr. Sandeep Shah, AAG Mr. Aidan Choudhary

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

17/08/2021

Mr. Sandeep Shah, AAG, learned counsel for the respondent-

IOCL has submitted that as per the revised guidelines issued by

the Ministry of Petroleum and Natural Gas in the year 2015, the

respondent-IOCL can accept offer of an alternate land from the

selected and eligible candidate. Learned counsel for the

respondents has submitted that High Court of Gujarat vide order

dated 01.12.2016 passed in Letters Patent Appeal No.790/2016 in

the case of (Vikram Singh Anopji Chavda vs. Chief Regional

Manager--Hindustan Petroleum Corporation Ltd.) while

deciding the controversy having identical facts, has held that

pursuant to the guidelines issued by the Ministry of Petroleum and

(2 of 2) [CW-2129/2020]

Natural Gas in the year 2015, an oil company can accept offer of

an alternate land from the selected and eligible candidate after

issuance of the LOI and field verification. It is submitted that the

SLP preferred against the above referred judgment has already

been dismissed by the Hon'ble Supreme Court on 16.01.2017.

Mr. Sanjeet Purohit and Mr. Hemant Balani, learned counsel

for the petitioners have submitted that High Court of Calcutta in

C.A.N. No.809 of 2018 in M.A.T. No.127 of 2018 (Chhanda Koley

vs. Bharat Petroleum Corporation Ltd. and ors.) decided on

13.09.2018 has held that the guidelines issued in the year 2015

by the Ministry of Petroleum and Natural Gas has no retrospective

effect and the selections took place before issuance of the

guidelines of the year 2015 are to be governed by the policy as

applicable at the relevant time when the advertisement was

issued.

List after one week.

The assurance/undertaking given by learned counsel for the

respondent Mr. Sandeep Shah, AAG is not extended.

(VIJAY BISHNOI),J

202-Taruna/-

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