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BHARAT SANCHAR NIGAM LIMITED & OTHERS versus JAGAT PAL TIWARI

High Court of Judicature at Allahabad

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Bharat Sanchar Nigam Limited & Others v. Jagat Pal Tiwari - SPECIAL APPEAL No. 718 of 2006 [2006] RD-AH 17129 (4 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Pankaj Mithal, J.

The argument of the learned counsel for the appellant is that Full Bench decision in the case of Ravindra Kumar Vs District Magistrate, Agra and others (2005) 1 UPLBEC 118 is distinguishable because that decision proceeded on the premise that because the compensation has been received, therefore, additional right of getting job could not be sustained.

The learned counsel for the appellant submits that the appellant has not received compensation.

The argument is misconceived. Under the law, there is no right to get job in lieu of acquired land.  The right is only to receive monitory compensation. This right about job was given by a circular of the Government and that circular has been held to be invalid by the Full Bench decision.  Thus, the circular cannot be seen in view of Full Bench decision.  Without that circular there is no other law, which can possibly confer any right to get job by the appellant or his family member.

In the circumstances, we do not find any error in the impugned judgment of the learned Single Judge dated 15.5.2005 refusing to issue such mandamus.

The special appeal is, therefore, dismissed.

Dated:04.10.2006

RCT/-Special Appeal no. 718/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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