SOUTH EASTERN COALFIELDS LTD. versus PREM KUMAR SHARMA AND ORS.

SOUTH EASTERN COALFIELDS LTD. versus PREM KUMAR SHARMA AND ORS.

Employment as compensatory appointment is not entitlement for land loser unless minimum area stipulated by government guidelines is met. Parity or equality cannot be claimed on the basis of wrong decisions; enforceable right is prerequisite for Article 14 protection.

Parties
Appellant: South Eastern Coalfields Ltd.; Respondent: Prem Kumar Sharma
Jurisdiction
India
Judgment Date
19 July 2006
Procedural Posture
Civil Appeal / Appeal From High Court (judgment Dated 12.4.2004, Madhya Pradesh High Court at Jabalpur, in L.p.a. No. 180/2004)
Outcome
Appeal allowed; orders of Single Judge and Division Bench of High Court set aside.
Legal Topics
Compensatory Appointment, Article 14 Equality
Land Acquisition Constitutional Law Compensatory Appointment Article 14 Equality

Case Brief

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Parties

South Eastern Coalfields Ltd.

Appellant

Prem Kumar Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (judgment Dated 12.4.2004, Madhya Pradesh High Court at Jabalpur, in L.p.a. No. 180/2004)

Legal Issues

  1. 1 Entitlement to compensatory appointment as land loser under acquisition guidelines
  2. 2 Application of Article 14 for claim of parity/equality based on wrong decisions

Ratio Decidendi

Employment as compensatory appointment is not entitlement for land loser unless minimum area stipulated by government guidelines is met. Parity or equality cannot be claimed on the basis of wrong decisions; enforceable right is prerequisite for Article 14 protection.

Court Disposition

Appeal allowed; orders of Single Judge and Division Bench of High Court set aside.

Orders

  • High Court's directions for appointment set aside.
  • Respondent not entitled to compensatory appointment.