Married sister is not "family" can not seek employment under Rehabilitation Policy
Chhattisgarh High Court Upholds SECL's Decision on Employment Claim Under Rehabilitation Policy. Married Sister's Employment Claim Rejected as She Doesn't Qualify as "Family" Under Policy
News Report: In a significant ruling, the Chhattisgarh High Court has upheld the South Eastern Coalfield Limited's (SECL) decision to reject Smt. Hemlata Sahu's claim for employment under the rehabilitation scheme linked to land acquisition. The court clarified that under the Chhattisgarh State Model Rehabilitation Policy, 2007, a married sister does not qualify as "family" for the purposes of employment benefits.
The appellant, Smt. Hemlata Sahu, had challenged the decision after her brother relinquished his employment rights and nominated her for a position at SECL, following the acquisition of their father's land. Despite her name being recorded in the revenue records after a civil suit, the SECL authorities denied her employment claim. They argued that she was neither the owner of the land nor dependent on her brother, thus not fitting the definition of "family" under the policy.
The division bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, dismissed the writ appeal filed by Smt. Sahu. The bench noted that the scope of interference in intra-court appeals is limited to instances of patent illegality, perversity, or jurisdictional error, none of which were found in the single judge's dismissal of the writ petition.
The court distinguished this case from the precedent of Smt. Sadhna Bai v. State of Chhattisgarh, where the claimant was considered an affected family member due to her father's ownership of the land. In contrast, Smt. Sahu was neither the landowner nor considered part of the nuclear family defined by the rehabilitation policy.
This ruling reinforces the stringent interpretation of family definitions under the rehabilitation policy, impacting employment claims arising from land acquisitions for development projects.
Bottom Line:
Married sister not falling within the definition of "family" under the Chhattisgarh State Model Rehabilitation Policy, 2007, cannot claim employment under the rehabilitation scheme for land acquisition.
Statutory provision(s): Chhattisgarh State Model Rehabilitation Policy, 2007, Coal Bearing Act, 1957
