The Nagpur Bench of the Bombay High Court has taken significant action in response to a petition filed by 85 Project Affected Persons against the Chandrapur Super Thermal Power Station and the Maharashtra government. The court has formally requested responses from the authorities regarding allegations that these individuals were maintained as trainees for extended periods without being granted regular employment or receiving legally mandated benefits.
Court Issues Notices to Multiple Authorities
A division bench comprising Justices Anil Kilor and Rajnish Vyas recently issued formal notices to the state government, Mahagenco, the Nagpur divisional commissioner, the Chandrapur collector, and the CSTPS chief engineer. The court has directed all parties to submit their replies by December 5, setting an important deadline for this case. During the proceedings, Additional Government Pleader Shishir Ukey waived formal service of notice on behalf of the State, indicating the government's acknowledgment of the legal action.
Legal Challenge Against Long-Standing Practice
The petition, filed through counsel Ashish Fule, confronts what it describes as a "long-standing and unlawful practice" that allegedly violates multiple legal frameworks. These include the Government Resolution of January 21, 1980, the Maharashtra Project Affected Persons Rehabilitation Act of 1999, and various administrative circulars issued by Mahagenco and MSEB. The plaintiffs are seeking comprehensive relief that addresses their fundamental employment rights.
Among their primary demands are the regularization of their services from their initial appointment dates and the provision of full statutory benefits including provident fund, gratuity, and medical benefits. The petitioners have also requested the quashing of Advertisement No. 04/2024 dated December 26, 2024, and the immediate enforcement of PAP reservation and rehabilitation policies that they claim have been systematically ignored.
Violation of Mandatory Quota System
The petition makes serious allegations that CSTPS has deliberately ignored the mandatory 5% priority quota for Project Affected Persons in recent recruitment drives. According to the legal pleadings, the current recruitment process "ignores statutory obligations and undermines long-established protections for displaced families." This represents a significant breach of established protocols designed to protect the rights of those displaced by development projects.
The legal challenge specifically references an administrative circular dated September 8, 2009, which clearly states that posts reserved for PAPs should not be advertised publicly. Instead, these positions should be filled through direct recruitment from eligible candidates sponsored by the collector or Resettlement Officer. The petitioners argue that this directive has been consistently violated, depriving them of their legitimate employment opportunities.
The situation is particularly urgent for the 85 petitioners, whose ages range from 24 to 50 years. They have warned the court that many of them risk becoming age-barred for permanent appointments if relief is delayed further. This time-sensitive aspect adds considerable weight to their request for immediate regularization of their services from their initial appointment dates, along with all consequential benefits that would normally accompany permanent employment status.
