7 months ago
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The Nagpur Bench of the Bombay High Court has issued notices to the Maharashtra government, Maharashtra State Power Generation Company Ltd. (MAHAGENCO), the Divisional Commissioner, Nagpur Division, the Collector, Chandrapur District, and the Chief Engineer of Chandrapur Super Thermal Power Station connected a petition filed by 85 project-affected persons (PAPs) whose lands were acquired for the thermal powerfulness project.
The petition filed done advocator Ashish Fule, alleged that contempt moving for years arsenic precocious skilled trainees, they person been denied regular employment and statutory benefits specified arsenic provident fund, gratuity, aesculapian coverage, and household payment schemes.
A Division Bench of Justices Anil S. Kilor and Rajnish R. Vyas, portion proceeding the matter observed, “Issue announcement to the respondents, returnable connected December 5.”
Additional Government Pleader S.M. Ukey waived work of announcement connected behalf of the State.
Filed nether Article 226 of the Constitution, the petition seeks contiguous absorption of PAPs arsenic regular employees and the quashing of an advertisement issued connected December 26, 2024, for caller recruitment. The petition argues that the advertisement violates the Government Resolution dated January 21, 1980, and the Maharashtra Project Affected Persons Rehabilitation Act, 1999, which mandate a minimum 5% quota and nonstop introduction for PAPs successful Class III and IV posts without competitory exams.
“The respondents’ signifier of retaining petitioners arsenic trainees portion appointing outsiders to regular posts is arbitrary and discriminatory, successful nonstop contravention of Articles 14 and 16 of the Constitution,” the petition said, adding that contempt holding valid PAP certificates and moving for years connected the task site, petitioners stay classified arsenic trainees, with salaries drawn from CSR funds, and person been deprived of cardinal entitlements similar Provident Fund, Gratuity, and Medical Services.”
The plea besides cites an administrative circular dated September 8, 2009, which directed that posts reserved for PAPs should not beryllium advertised but filled done nonstop recruitment from eligible candidates sponsored by the Collector oregon Resettlement Officer. The caller advertisement, the petitioners argued, disregards this mandate and threatens to exclude them from employment opportunities they have waited for decades.
The PAPs, aged betwixt 24 and 50, fearfulness they volition soon go age-barred for imperishable employment. They person urged the tribunal to nonstop the respondents to regularize their services from the day of initial appointment, with each consequential benefits, and to acceptable speech the impugned advertisement.
The substance volition adjacent beryllium heard connected December 5.
