IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.5.2008 CORAM THE HONOURABLE MR. JUSTICE K. CHANDRU W.P. No. 4113 of 1998; W.P. No. 19761 of 1999; W.P. Nos. 25971, 27817, 34838, 41392 and 41541 of 2005; W.P. Nos. 524 to 527, 725, 7560, 10951 to 10963, 11031 to 11056, 11732, 19765, 26133, 26134, 27829 to 27838, 41121, 41184, 42147, 42148, 43708, 46929 and 47876 of 2006; and W.P. Nos. 4319, 27920, 28208 and 28209 of 2007 and W.P.M.P. No. 6231 of 1998 in W.P. No. 4113 of 1998, W.P.M.P. No. 29014 of 1999 in W.P. No. 19761 of 1999, W.P.M.P. No. 37722 of 2005 in W.P. No. 34838 of 2005, W.P.M.P. No. 44451 of 2005 in W.P. No. 41392 of 2005, W.P.M.P. No. 44638 of 2005 in W.P. No. 41541 of 2005, W.P.M.P. Nos. 604 to 607 of 2006 in W.P. Nos. 524 to 527 of 2006, W.P.M.P. No. 846 of 2006 in W.P. No. 725 of 2006, W.P.M.P. No. 8313 of 2006 in W.P. No. 7560 of 2006, W.P.M.P. Nos. 12460 to 12472 of 2006 in W.P. Nos. 10951 to 10963 of 2006, W.P.M.P. Nos. 12547 to 12572 of 2006 in W.P. Nos. 11031 to 11056 of 2006, W.P.M.P. No. 13348 of 2006 in W.P. No. 11732 of 2006, M.P. Nos. 1&2 of 2006 in W.P. Nos. 27829 to 27838 of 2006, M.P. Nos. 1 & 1 of 2006 in W.P. Nos. 42147 and 42148 of 2006, M.P. No. 1 of 2006 in W.P. No. 43708 of 2006, M.P. No. 1 of 2006 in W.P. No. 46929 of 2006, M.P. No. 2 of 2006 in W.P. No. 47876 of 2006, M.P. No. 1 of 2007 in W.P. No. 4319 of 2007, M.P. Nos. 1 and 2 of 2007 in W.P. No. 27920 of 2007 and M.P.Nos.1 of 2007 in W.P. Nos. 28208 and 28209 of 2007 K.Gopu .. Petitioner in WP 4113/98 S.Lakshmiprabha .. Petitioner in WP 19761/99 1. A. Ramesh Kumar 2. S. Chidaambaram .. Petitioner in WP 25971/05 P. Krishnan .. Petitioner in WP 27817/04 https://hcservices.ecourts.gov.in/hcservices/ 1.V.Sasikumar 2.S.Kirubaganesh 3.Saroja 4.M.Murali 5.V.K.Rajesh 6.L.Parasuraman 7.P.Vasanthi 8.A.Iyyappan .. Petitioners in WP 34838/05 1.K.Nandakumar 2.M.Krishnamoorthy 3.S.Ganesan 4.S.Murugan 5.L.Poongavanam 6.A.Saravanan .. Petitioners in WP 41392/05 J.Babysheela .. Petitioner in WP 41541/05 R.Shankar .. Petitioner in WP 524/06 V.Dakshanamoorthy .. Petitioner in WP 525/06 R. Mani .. Petitioner in WP 526/06 C.Veerakumar .. Petitioner in WP 527/06 B.Lalitha .. Petitioner in WP 725/06 1.S.Dhandapani 2.M.Ravindran 3.Y.Micheal Raj 4.K.Korpagam 5.J.Venkatesan .. Petitioners in WP 7560/06 https://hcservices.ecourts.gov.in/hcservices/ P. Damodharan .. Petitioner in WP.10951/06 G. Velu .. Petitioner in WP.10952/06 A. S. Lakshmikanthan .. Petitioner in WP.10953/06 V. Selvaraj .. Petitioner in WP.10954/06 Poongavanam Ammal .. Petitioner in WP.10955/06 C. Samuthi .. Petitioner in WP.10956/06 S. Kirubaganesh .. Petitioner in WP.10957/06 S. Gomesan .. Petitioner in WP.10958/06 R. Vasudevan .. Petitioner in WP.10959/06 S. Lakshmi Prabha .. Petitioner in WP.10960/06 B. Lalitha .. Petitioner in WP.10961/06 P. Saravanan .. Petitioner in WP.10962/06 S. Padma .. Petitioner in WP.10963/06 K. Gopu .. Petitioner in WP.11031/06 V. Dhanasekaran .. Petitioner in WP.11032/06 A. Rajan .. Petitioner in WP.11033/06 K. Nandakumar .. Petitioner in WP.11034/06 A. Ayyappan .. Petitioner in WP.11035/06 A. Saravanan .. Petitioner in WP.11036/06 L. Poongavanam .. Petitioner in WP.11037/06 L. Parasuraman .. Petitioner in WP.11038/06 L. V. Venkatachalam .. Petitioner in WP.11039/06 L. V. Arul .. Petitioner in WP.11040/06 R. Mandaimmal .. Petitioner in WP.11041/06 P. Vasanthi .. Petitioner in WP.11042/06 https://hcservices.ecourts.gov.in/hcservices/ L. Manickavel .. Petitioner in WP.11043/06 V. Sasikumar .. Petitioner in WP.11044/06 M. Krishnamoorthy .. Petitioner in WP.11045/06 S.Murugan .. Petition in WP 11046/06 Baby sheela .. Petition in WP 11047/06 V.K.Rajesh .. Petition in WP 11048/06 N.Durairaj .. Petition in WP 11049/06 S.Raman .. Petition in WP 11050/06 S.Saraswathi .. Petition in WP 11051/06 M.Rukumani .. Petition in WP 11052/06 D.Jayalakshmi .. Petition in WP 11053/06 C.Kannan .. Petition in WP 11054/06 K.Ravi .. Petition in WP 11055/06 M.Chandran .. Petition in WP 11056/06 M.Ethiraj .. Petitioners in WP 11732/06 K.Munusamy .. Petitioners in WP 19765/05 C.Muralidharan .. Petitioners in WP 26134/06 B.Shahita Bee .. Petitioners in WP 26133/06 N.Rajasekaran .. Petitioner in WP 27829/2006 Ambika .. Petitioner in WP 27830/2006 S.Venkatesan .. Petitioner in WP 27831/2006 K.Nirmala Devi .. Petitioner in WP 27832/2006 V.Sampath .. Petitioner in WP 27833/2006 A.Elumalai .. Petitioner in WP 27854/2006 L.V.Velayudham .. Petitioner in WP 27835/2006 https://hcservices.ecourts.gov.in/hcservices/ V.K.Lakshmanan .. Petitioner in WP 27836/2006 K.Baskaran .. Petitioner in WP 27837/2006 1.R.Dakshinamurthy 2.K.Ezhilarasi 3.M.Poongavanam 4.M.Koteswaran 5.M.Susila 6.K.Murugan .. Petitioners in WP 27838/2006 1.K.Parimala 2.P.Subramanian 3.S.Uthirammal 4.K.Sureshkumar .. Petitioners in WP 41121/06 P.Madhavan .. Petitioners in WP 41184/06 L.K.Gokulan .. Petitioners in WP 42147/06 P.Kumaran .. Petitioners in WP 42148/06 P.Balasundaram .. Petitioners in WP 43708/06 K.Lokeshkumar .. Petitioners in WP 46929/06 V.Jamuna .. Petitioners in WP 4319/07 1.Logammal 2.G.Jagdeesan .. Petitioners in WP 47876/06 Ranipet Bhel (BAP) Land Losers Welfare Association Rep by its General Secretary L.K. Gokulan .. Petitioner in WP 27920/07 S.Parthiban .. Petitioner in WP 28208/07 Mohanasundari .. Petitioner in WP 28209/07 https://hcservices.ecourts.gov.in/hcservices/ -vs- The Govt. of Tamil Nadu rep. by its Secretary, Industries Dept., Fort St.George, Madras-9. .. 1st Respondent in WP 4113/98, 19761/99, 25971/2005, 27817/04, 34838/05, 41392/05, 41541/05, 524/06, 525/06, 526/06, 527/06, 725/06, 7560/06, 11732/06, 19765/05, 41184/06, 42147/06, 42148/06, 43708/06, 46929/06, 4319/07, 47876/2006, 27920/07, 28208/07, 28209/07, 27829/06, 27830/06, 27831/06, 27832/06, 27833/06, 27834/06, 27835/06, 27836/06, 27837/06, 27838/2006, 10951/06, 10952/06, 10953/06, 10954/06, 10955/06, 10956/06, 10957/06, 10958/06, 10959/06, 10960/06, 10961/06, 10962/06, 10963/06, 11031/06 to 11056/06 The Collector, Ranipet, North Arcot Ambedkar District. .. 2nd respondent in WP.4113/98, 19761/99, 25971/05, 34838/05, 41392/05, 41541/05, 524/06, 525/06, 526/06, 527/06, 725/06, 7560/06, 41184/06, 42147/06, 42148/06, 43708/06, 46929/06, 4319/07, 27920/07, 28208/07, 28209/07, and 3rd respondent in WP.11732/06, 19765/05, 47876/06, 27829/06, 27830/06, 27831/06, 27832/06, 27833/06, 27834/06, 27835/06, 27836/06, 27837/08, 27838/08, 11034 to 11052, 11055, 11056/06. The Unit Head BHEL/BA7 Ranipet, North Arcot, Ambedkar District. .. 3rd Respondent in WP.4113/98, 19761/99, 25971/05, 34838/05, 41392/05, 41541/05, 524/06, 525/06, 526/06, 527/06, 725/06, 7560/06, 41184/06, 42147/06, 42148/06, 43708/06, 46929/06, 4319/07, 28208/07, 28209/07, 27838/06 and https://hcservices.ecourts.gov.in/hcservices/ 2rd respondent in WP.11732/06, 27829/06, 27830/06, 27831/06, 27832/06, 27833/06, 27834/06, 27835/06, 27836/06, 27837/08, 10951/06, 10952/06, 10953/06, 10954/06, 10955/06, 10956/06, 10957/06, 10958/06, 10959/06, 10960/06, 10961/06, 10962/06, 10963/06, 11032/06 to 11056/06. The Revenue Divisional Officer, Ranipet, Vellore District. .. 4th Respondent in WP.27920/07 The General Manager, Personnel and Administration Department, BHEL SIPCOT, Ranipet, Vellore. .. 2nd Respondent in WP.47876/06 Bharat Heavy Electricals Ltd., (A Government of India undertakings Boiler Auxillaries Plant rep. by The Manager HR (HR-RXRMXTDX9 GAX) Ranipet) .. Respondent in WP.26134, 26133, 41121/06 BHEL (B Ap Unit) rep by its Executive Director, Ranipet, Vellore District. .. 2nd Respondent in WP.27920/07 The Deputy General Manager Personnel and Administration Department BHEL/BAF Ranipet, North Arcot Ambedkar District .. 4th Respondent in W.P.4113/98, 19761/99, 25971/05 The General Manager BHEL Ranipet, Vellore District .. 2nd Respondent in W.P.27817/05 The Manager HR IRX-RMX-GAX BHEL SIPCOT (BAP) Ranipet, Vellore .. 2nd Respondent in W.P.19765/05 Petitions presented to this Court under Article 226 of the Constitution of India to issue a writ of II Mandamus directing the 3rd and 4th respondents to consider the appointment of the Petitioner in preference to other to class IV employment and forbear the 3rd and 4th respondent from appointing persons other than land losers to the https://hcservices.ecourts.gov.in/hcservices/ post of class IV employment (W.P.4113/98) Directing the 3rd and 4th respondents to consider the appointment of the petitioner in preference to others to class-III and class IV employment and forbear the 3rd and 4th respondents from appointing persons other than land losers to the post of class III and Class IV employment (W.P.19761/99) Directing the 3rd and 4th respondents to provide employment to the petitioners as per the directions in WP No.20127/94 dated 18.9.95 since they are the Seniors and their lands were acquired by the 3rd respondents company (WP 25971/05) Directing the 2nd respondent to issue appointment order to the petitioner either as unskilled or driver or for any other suitable post in BHEC Institution following the policy of one job for one family of whose lands were acquired by the government for the benefits of BHEL (WP 27817/04) Directing the respondents to fulfill the promise given by the respondents as per G.O.MS.No.87 dated 27.1.81 by giving permanent employment to the petitioners in the 3rd Respondent project (WP 34838/05) 41392/05, 41541/05, 524/06, 525/06, 526/06, 527/06, 725/06, 7560/06, 41184/06, 42147/06, 42148/06, 43708/06, 46929/06, 4319/07, 28208/07, 28209/07, 27838/06 These Petitions presented to this court under article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the 2nd respondent in proceedings in 1. Ref.BHEL:RT:VSW: dated 2.3.06 and quash the same and consequently direct the respondents to give permanent employment to the petitioner as per G.O.MS.No.87 dated 27.1.81 in the 2nd respondent project in the unskilled category. (WP No's 11031, 11032, 11033, 11039, 11040, 11041, 11043, 11049, 11050, 11051, 11052, 11053, 11054, 11055, 11056, 11732/06, 27829/06, 27830/06, 27832/06, 27833/06, 27835/06, 27836/06, 27837/06, 10951, 10952, 10953, 10954, 10955, 10956 to 10959, 10960, 10962, 10963. 2. Ref.No.BHEL:RT:USW:OO dated 4.3.06 and quash the same and consequently direct the respondents to give permanent employment to the petitioner as per G.O.MS.87 dated 27.1.81 in 2nd Respondent project in unskilled category - WP.Nos.11034, 11035, 11036, 11037, 11038, 11042, 11044, 11045, 11046, 11047, 11048, 10957, 10958, 10961. 3. Calling for the records on the file of the 2nd respondent BHEL: RT:USW:OO dated 2.3.06 and quash the same and directing the 2nd respondent to issue an order of appointment to the petitioner as an unskilled worker in Bharath Heavy Electricals Ltd., Boiler Auzillary https://hcservices.ecourts.gov.in/hcservices/ Plant Indhira Gandhi Complex, Ranipet, Vellore WP.19765/05. 4. Calling for the records relating to the rejection order dated 2.3.2006 passed by the respondent in Office Ref.BHEL.RT:USW:OO quash the same and direct the respondent to give employment to the petitioner as unskilled labourer or an NMR by following uniform Yardstick in complying with the direction issued by this Court in WP.2096/95 etc. On 18.09.1995 within the time that may be fixed by Court.[WP.26134/06, 26133/06, 41121/06] WP. 27831/06 Petition filed Under article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in proceedings Ref.BHEL:RT:USW:OO dated 02/03/2006 and quash the same and consequently direct the respondents to give permanent employment to the Petitioner's sister Ms.Lakshmi as per the G.O.Ms.No.87 dated 27-01-1981 in 2nd respondent project in the Unskilled category. WP.27834 of 2006 Petition filed Under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in proceedings Ref.BHEL:RT:USW:OO dated 02/03/2006 and quash the same and consequently direct the respondents to give permanent employment to the Petitioner or his son Mr.L.E.Senthilnathan as per the G.O.Ms.No.87 dated 27-01-1981 in the 2nd respondent project in the unskilled category.(WP.27834/06) This Petition presented to this Court under Article 226 of the Constitution of India to issue a Writ of Prohibition prohibiting the 3rd respondent from making any recruitment without providing employment to the 725 displaced land owners in terms of G.O.Ms.No.67, Industries Department dated 27.1.1981 WP 27920/07. This Petition presented to this Court under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus (or) appropriate order (or) Direction in the nature of writ calling for the records on the file of the 2nd respondent BHEL:RT:USW:OO dated 2.3.2006 and quash the same and direct the 2nd Respondent to issue an order of Appointment to the 1st Petitioner (or) in her place to the 2nd Petitioner as an unskilled worker in B.H.E.L. Boiler Auxillary Plant Indhira Gandhi Complex, Ranipet, Vellore District (WP 47876/06). For Petitioners in this : Mr. P.H. Manoj Pandian W.P. and other W.Ps. for M/s Anand, Abdul and Vinoth Associates https://hcservices.ecourts.gov.in/hcservices/ For Petitioners in : Mr. R. Margabanu W.P. Nos. 4113/98, 19765, 27838 & 47876/06 For Petitioners in : Mr. R. Karunagaran W.P. No. 25971/95 For Petitioners in : Mr. P. Mani W.P. Nos. 26133, 16134 & 41121/06 For Petitioner in : Mr. G. Jeremiah W.P. No. 27920/07 For Respondents 1&2 : Mr. P. Muthukumar, GA For Respondents BHEL : Mr. B.T Seshadri in W.P. No. 19765 / 99 For Respondents BHEL : Mr. Sanjay Mohan in all other W.Ps. For M/s Ramasubramanian Associates COMMON ORDER The petitioners in all these writ petitions were land owners and their lands were taken over by the respondent Bharat Heavy Electricals Ltd. [for short, 'BHEL'], which is wholly owned by the Central Government. The said Company has a Boiler Auxiliaries Project (BAP) at Ranipet. In order to locate the plant at Ranipet, 1389 acres of land were acquired in and around the villages of Narasingapuram, Mukundarayapuram, Sikkarajapuram and Vadakkal in Ranipet Taluk, North Arcot District. 2. The first respondent State Government acquired these lands by G.O. Ms. No. 81 Industries Department dated 27.01.1981. In this G.O., the Government had promised job guarantee for the land losers. It is necessary to reproduce the said G.O. since the petitioners relied heavily upon the said G.O. for enforcing their rights. "In the Government Order read above, the Government have ordered the Acquisition of an extent of about 1400 acres of land in the village of Narasingapuram, Mukundarayapuram, Sikkarajapuram and Vadakkal of North Arcot District for putting up the Boiler Auxiliaries Plant of Bharath Heavy Electricals Limited. In paragraph 4 of the said Government Order it was indicated that the Government would take a decision on the question of bearing the cost of the land on getting a report from the Collector, North https://hcservices.ecourts.gov.in/hcservices/ Arcot District. 2. The Collector, North Arcot District has now reported that based on the sales statistics relating to the period prior to December 1979, the average cost of wet lands is about Rs.6,000/- per acre and the cost of dry lands with irrigation facility is about Rs.5,000/- per acre and that the enhancement of the land value cannot be ruled out altogether. 3. It has been represented to Government that lands of Bharat Heavy Electricals Limited at Tiruchi were acquired and given to Bharat Heavy Electricals Limited free of cost and that precedents showed that the statement Government had borne the cost of land for such projects. After careful examination of the matter, the Government have decided that they may bear the cost of acquisition, subject to a ceiling of Rs.75 lakhs (Rupees seventy five lakhs only) and subject to the following conditions:- (a) In the matter of recruitment in the Boiler Auxiliaries Plant preference should be given to the land owners who will be deprived of their wet land on account of the acquisition of the lands for this project (b) in the case of land owners who will be completely deprived of their entire extent of land at least one member from each family of displaced land owners should be given employment in the project. (c) No further grant / Financial assistance shall be given to any other item of work such as housing and provision of water relating to this project. 4. The Director of Industries and Commerce is requested to take necessary action to make provision in the Budget to give effect to the decision above. The General Manager, Bharat Heavy Electricals Limited, Ranipet Expansion Scheme is requested to ensure that the conditions in paragraph 3 above are fulfilled." [Emphasis added] 3. When these promises were not fulfilled by the respondent BHEL, a writ petition being W.P. No. 4322 of 1983 was filed by Sikkarajapuram Narpani Mandram seeking for a direction to provide https://hcservices.ecourts.gov.in/hcservices/ employment in the BHEL. During the pendency of the writ petition, this Court passed a direction on 22.10.1983 in W.M.P. Nos. 6514, 13133 and 13134 of 1983 and the same is extracted below: "In the nature of the claim made by the writ petition, to show that family members of owners of lands have been appointed as per the assurance extended, the third respondent in the writ petition to prepare a tabulated statement of the names of persons whose lands have been acquired, by securing copies of awards from the Land Acquisition Officer. In respect of each family involved in the acquisition, name of the member of the family who had been recruited and the post to which appointment had been made, to be furnished. Thereafter, on production of those materials, it would be for the petitioner to demonstrate to this Court that there has been an unjust denial of employment by the third respondent in the writ petition, in contravention of the assurances given by the State. Deponent of affidavit now states that he is agreeable to be appointed as unskilled worker. Hence he can now be so appointed." 4. Subsequently, when the matter came up for final hearing, this Court, by an order dated 20.6.1991, recorded the undertaking given by Mr. B.T. Seshadri, learned counsel for the BHEL and disposed of the writ petition with the following observations: ".... According to Mr. B.T. Seshadri, learned counsel for the respondents 2 and 3 that these respondents have provided employment to all persons from whom the lands were acquired and consequently the petitioner cannot have any grievance. However, the learned counsel would represent that the respondents 2 and 3 did not make any promise and consequently, it is not open for the petitioner to seek fulfilment of the promise, which is not made by the respondents 2 and 3. However, it is brought to the notice of the court that the respondents 2 and 3 have provided employment to all persons concerned and that the petitioner cannot have any grievance. If any family is left out from providing appointment, it is always open to the petitioner to directly approach the respondents 2 and 3 and the respondents 2 and 3, as and when vacancies arise, may consider those persons for appointment...." 5. It is stated by the respondent BHEL in their counter affidavit dated 12.12.2007 filed in W.P. No. 27920 of 2007 that by the year 1984, 300 persons were given employment pursuant to the G.O. issued by the Government. The process was continued over the years https://hcservices.ecourts.gov.in/hcservices/ and by June 1991, all 548 eligible persons were given employment. 6. In the meanwhile, there were number of agitations by the local people, who lost their lands due to the land acquisition and the District Collector, North Arcot convened a meeting on 13.8.1985 between the Revenue Officials and the BHEL officials. The District Collector had categorised 1095 cases in a list of eligible land sufferers. It was ultimately stated that out of 1095 persons, BHEL agreed to appoint 201 persons in various posts for which they had eligibility. Again, on 07.10.1985, another meeting was convened by the District Collector and the BHEL was impressed to take into account all the eligible persons for providing employment. 7. Not satisfied with the steps taken by the BHEL in fulfilling their promise, 150 land losers filed six writ petitions before this Court being W.P. Nos. 19839 and 20127 of 1994 and W.P. Nos. 2906, 3123, 5339 and 6060 of 1995 and sought for employment with BHEL in terms of the promise held out by them. This Court disposed of those petitions by a common order dated 18.9.1995 and paragraphs 4 to 6 of the said order read as follows: Para 4: "The counsel for the respondent – Company fairly submitted that as and when posts become available in the respondent's factory by way of Casual Labour or otherwise, and if the petitioners, after due verification, are found to be the persons who are eligible for consideration on the ground that their families had lost the lands which were acquired for the company, the Company would consider their cases in preference to others. That is the best that can be done for the petitioners at this stage. There cannot be any unlimited right to the family whose land was acquired to have an offer employment made, decades after the acquisition was completed. Any such claim ought to have been made within a reasonable span of time from the date on which the land was acquired. However, in view of the fact that the respondent Company is agreeable to give their educational qualification, suitability, experience, etc., the petitioners may claim the benefit of the offer so held out to them now. Para 5: As regards the persons who are now employed and who claim a right to have their services regularised, no such direction can be given in these writ petitions. As and when vacancies arise in the regular cadres, depending upon the length of service put in by the petitioners, their claim for regularisation, will no doubt be considered by the employer. It has been held by the Supreme Court in more than one decision https://hcservices.ecourts.gov.in/hcservices/ that the claim for regularisation would involve investigation of questions of fact which cannot properly be done in writ proceedings. Para 6: All these writ petitions are dispose of with the direction that (a) such of the petitioners who claim to have lost their lands, shall be considered, in preference to others subject to verification of their claim and subject to their suitability, qualification, experience, etc., and (b) such of the petitioners who are now in employment, will be considered for regularisation as and when vacancies arise in the regular cadre." 8. The petitioners in W.P. No. 19839 of 1994 filed a Writ Appeal being W.A. No.1394 of 1995 challenging the said order. The said writ appeal was disposed of by a Division Bench vide its judgment dated 05.02.1996. The operative portion of the judgment reads as follows: "While maintaining the directions issued by the learned single Judge we further make it clear that as and when the vacancy or vacancies arises in BHEL for which appellants are eligible, they shall be considered first for those vacancies before considering others and if the Appellants are found eligible they are entitled to be appointed in such vacancies." 9. When another set of three persons (M/s R.Shanthi, Y. Nixon and Rajan) filed W.P. No. 7937 of 1995 for similar relief, the same was dismissed vide order dated 28.6.1995 by another learned Judge of this Court with the following observations: "The petitioners are entitled to such preference only in accordance with the Government orders as are now in force which regulate such employment. The order issued by the Central Government, in this regard, clearly would indicate that it is only if the petitioners are registered with the Employment Exchange and if their names have been sponsored for position in the respondents' Industry to which they are suitable and then preference will be given to them. To that extent, the petitioners may obtain preferential treatment subject to their being qualified for the position and being sponsored by the Employment Exchange. The direction which is now sought for cannot be granted. Hence, the writ petition is rejected subject to the observations made above." https://hcservices.ecourts.gov.in/hcservices/ 10. The said order was challenged in writ appeal being W.A. No. 342 of 1996 and another Division Bench, by its judgment dated 10.7.1997, disposed of the writ appeal with the following directions: "Therefore, the claim of the appellants herein shall be considered first for the vacancies before considering the names of other persons and if the appellants are found eligible they are entitled to be appointed in such vacancies. If the appellants are able to satisfy the authorities in regard to their entitlement for employment the appellants may apply in preferential treatment subject to their being qualified for the position and the Bharath Heavy Electricals Limited shall consider their claim subject to their requirements / norms and pass appropriate orders accordingly. The Writ Appeal is ordered in the above terms." 11. When these promises were not fulfilled, one K. Gopu, who was the sixth petitioner in W.P. No. 6060 of 1995, filed another writ petition being W.P. No. 4113 of 1998, once again, seeking for a direction for his appointment. In response to that writ petition, the Deputy General Manager (Personnel and Administration) of the BHEL filed a counter affidavit dated 20.7.1999, in paragraph 7 of which, it was averred as follows: "I