Case: Steel Authority of India Ltd Vs. Deby Lal Mahato &amp; Others

3. The brief facts which are necessary for disposal of this appeal are that Bokaro Steel Plant, a national project of the Government of India, was commissioned on land acquired from the various land holders. For acquisition of their lands, the land holders were not only paid compensation but in addition to that, an understanding was reached between the Union Government, the State Government and the Company that apart from compensation, one person from each displaced family would be given employment in the steel plant. This evoked a spate of petitions and various orders were passed from time to time in view of the assurance which was given in the minutes of the Understanding dated 25th January, 1964. In view of the Understanding, a list was prepared of all persons whose lands were acquired along with buildings and structures and those whose lands had been acquired which did not have any building and structure thereon. The original list prepared in the year 1972 consisted of 6019 displaced families and against that more than 16,000 (approx.) persons have already been given employment.4. Thereafter, on 5.9.1991, 150 vacancies arose in Khalasi post for displaced persons and a scheme was framed which was approved by the Jharkhand High Court in LPA Nos.of 1996 for filling up the vacancies advertised on 5.9.1991. A direction was given by the Division Bench in its order dated 7th April, 1998, which reads asthese appeals are accordingly disposed of in terms of the aforementioned scheme proposed by the Steel Authority with the followingThe Steel Authority shall prepare a list containing names of displaced persons in accordance with clause (1) of the proposed scheme within two months of the receipt of the certified copy of this judgment. The list so prepared shall be sent to the Director, Project Land and Rehabilitation, for verification, who shall get the bonafide of the status and claim of such persons verified and submit the report in connection therewith to the Steel Authority within three months from the date of receipt of the request for verification. The Steel Authority will thereafter hold interview for selection of suitable candidates and prepare a panel containing the names of selected displaced persons within twoThe persons whose names are included in the panel will be placed in two categories according to the criteria already laid down and referred to hereinbefore. The persons in category no. (i) will be given employment first. Thereafter, those who are included in category no. (ii) will be considered for employment.So far as the list of category (ii) is concerned, the DPLR gave a list of 970 persons because the list of category (i) had already been exhausted and all the persons whose names were forwarded by the DPLR were given employment except those who were found to be medically unfit/unsuitable/ineligible. Then on 1.6.2007 the appellant advertised for 300 general vacancies in the company and the same were filled up after due selection process and the 26 persons who moved for contempt were also selected in the said process, other things being equal.8. Again, the appellant came to see that despite having already exhausted the list of category (i) and also having appointed 26 persons from category (ii), they are again under the threat of contempt, although they are under no obligation to give employment to persons placed in category (ii) as under the orders of the High Court dated 7.4.1998, they were only required to be considered for employment.

Court's reasoning:
13. We also record our displeasure that every now and then under the contempt notice the officials are required to attend courts which hampers the working of the administration. We have already expressed this view in the case of State of Gujarat Vs. Turabali Gulamhussain Hirani & Anr. reported in (2007) 10 SCR, 531 (to which one of us, Mathur, J. was a party). Hence the practice of calling the officials in contempt proceedings should be minimised and only in exceptional cases the concerned officials may be called.It is unfortunate that despite the scheme having been withdrawn way back in 1986, the same finds no mention in any of the litigation which has arisen with regard to the project. If the decision to withdraw the scheme was already taken by the Government of India in 1986 then that should have been brought to the notice of the Courts at appropriate time that whatever scheme that had to be implemented had in fact been already implemented and henceforth no further employment would be given in terms of the scheme to such landless people whose lands had been acquired. Had this fact been brought to the notice of the Courts by the parties perhaps things would have been different. But unfortunately, this basic fact has been lost sight of and this has resulted in a large number of litigation and the present contempt petitions before the High Court are an outcome ofmay be made clear that consideration of the names of persons for employment does not give them a right to appointment. Other things being equal, they will be given preference in the matter of employment as and when vacancies arise.