SHILLONG, India, May 19 -- Meghalaya High Court issued the following April 17:
1. The petitioners who are permanent residents of Bolsalgre Village, South West Garo Hills District who claim to be the genuine land owners holding Pattas for their respective plots donated for the construction of the International Football Stadium, are before this Court praying for directions for grant of employment, in lieu of the donation that has been made.
2. Mr. S. Deb, learned counsel for the petitioners has submitted that the writ petitioners 19(nineteen) in number by way of the Gift Deed executed on 20.10.2016, had jointly donated, or gifted the land measuring about 20 acres at Bolsalgre under Banduraja A'king Land in South West Garo Hills for construction of an International Football Stadium. The learned counsel has drawn the attention of this Court to the Gift Deed, which is annexed at Annexure-2 to the writ petition, and submits that the same was witnessed by the Deputy Commissioner and other functionaries of the Government, on the gift being accepted. The reason for approaching this Court it is submitted, is the fact that vide an Office Memorandum dated 30.08.2017, the respondents have put in place a policy for providing employment to persons recommended by land owners, who have donated land, the appointment of which would not be subject to a regular selection process. An application it is submitted was then presented before the respondent No. 3, who by a letter dated 26.07.2018, had forwarded the same to the respondent No. 5 for consideration for appointment of 1(one) eligible member of a family in lieu of the land donated. It is submitted that though the process had been initiated as far back as on 26.07.2018, it was only on 30.01.2024 that further steps were taken by the respondent No. 3, for consideration of the case of the petitioners. He therefore, submits that the petitioners having acquired a vested right for appointment in lieu of the donation made, deserve consideration for grant of gainful employment by the State respondents.
3. Mr. N.D. Chullai, learned AAG assisted by Mr. E.R. Chyne, learned GA for the respondents in reply has submitted that the concession for grant of employment will not be applicable to the case of the petitioners as the Office Memorandum, which amended the District Selection Committee procedure was notified on 30.08.2017, whereas the land had been donated on 20.10.2016, prior to the amendment. The learned AAG has also submitted that the Office Memorandum dated 30.08.2017, has categorically provided that the said policy was to come into force with immediate effect, and that the donation of land should be by a registered Deed. He therefore, submits that though a policy now is in place, which allows the respondents to grant employment in cases of land donated by private individuals, however in view of the fact that the said Office Memorandum does not cover the case of the petitioners, they are not entitled to the reliefs claimed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGCXwbu0htlRGdg3C0vJeT7TEPITulcb0kQjNgy8JyNq&caseno=WP(C)/476/2024&cCode=1&cino=MLHC010015582024&state_code=21&appFlag=)
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