Summary
The Court directed implementation of a displaced person’s claim for Group D railway employment under the Railway Board’s policy. The acquisition had required demolition of his family’s entire house. Rejecting the claim merely because the acquired plot was small misread the policy, which separately covered loss of a large area, a house or substantial livelihood. An existing binding policy could be enforced even though creation of such an employment scheme lay within governmental discretion.
Issues
- Whether demolition of an entire house qualified under the Railway Board’s displacement-employment policy despite acquisition of only a small plot.
- Whether the Railways could reject the claim for want of a project-specific employment guideline.
Provisions considered
- Paragraph 2, Railway Board policy circular dated 19 April 2006Read the alternatives of loss of a large area, a house or substantial livelihood disjunctively; demolition of the house brought the claim within the policy. (¶¶ 10, 17, 19, 20)
Held
- The policy’s references to a large area, a house and substantial livelihood are disjunctive. Complete demolition of the family house qualified for consideration even though the acquired land measured only 0.06 acre. (¶ 17)
- The general policy governed the claim. Absence of a project-specific guideline was no ground to refuse it, and requiring an individual exception from the Ministry would permit an impermissible pick-and-choose approach. (¶¶ 17, 18)
- Appointment of displaced persons is a policy matter and no mandamus lies without a policy. Once the government adopts a binding policy, however, its terms are enforceable; rejection on extraneous or irrelevant grounds cannot stand. (¶ 19)
- In the circumstances, the claim for appointment to a Group D post was to be implemented within two months, with age relaxation if required. (¶ 20)
Result
Appeal allowed; High Court judgment set aside. Railway authorities directed to implement the employment claim within two months, granting age relaxation if required. No order as to costs.