Peeram Amaranath, S/o Yerraiah v. State of Andhra Pradesh
2023-03-14
SUBBA REDDY SATTI
body2023
DigiLaw.ai
ORDER : The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the inaction of the respondents in providing employment to the petitioner No.2 under G.O.Ms.No.98 dated 15-04-1986 r/w. G.O.Ms.No.266 dated 19.09.1994 issued by the 1st respondent r/w. Letter dated 27.09.2011 issued by the 4th respondent as arbitrary, illegal, void abinitio besides violative of Art.21 of Constitution of India and principles of natural justice and further may be pleased to direct the respondents 2 to 5 to consider the case of the 2nd petitioner for appointment as JUNIOR PLANT ATTENDANT or any suitable post at RTTP, Stage-IV Unit under Land Loosers Quota; and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case and in the interest of justice..” 2. The case of the petitioners, in brief, is that petitioners 1 and 2 are father and son. The land of the 1st petitioner of an extent of Ac.1-12 cents in Sy.No.246, situated at Kalamalla Village of Yerraguntla Mandal, Kadapa District was acquired by 1st respondent vide Gazette Notification Nos.1100, dated 30.12.2010 and 1203 dated 25.02.2012 published in the District Gazette for the purpose of RTPP project, Stage IV (1 x 600 MW). 1st petitioner gave consent for the acquisition. An award was passed vide No.34/2012-2013 dated 29.02.2012 by LAO & RDO, Kadapa. Pursuant to passing of orders compensation was paid to 1st petitioner. (a) The Government of Andhra Pradesh issued G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 to provide employment to the displaced persons or their dependants whose land was acquired for the purpose of major and medium Irrigation of Power Projects. Not more than 50% of vacancies of the categories equivalent to Junior Assistant/Typist and the cadres below arising in the major and medium irrigation and power projects shall be filled up by the displaced families of the respective project duly following the reservation for various categories viz., SC, ST, BC, Ex- Servicemen, Physically handicapped & meritorious. G.O.Ms.No.266 dated 19.09.1994 was issued and Selection Committee has been constituted under the Chairmanship of the District Collector consisting of Joint Collector, Chief Engineer of the concerned Project as members.
G.O.Ms.No.266 dated 19.09.1994 was issued and Selection Committee has been constituted under the Chairmanship of the District Collector consisting of Joint Collector, Chief Engineer of the concerned Project as members. (b) Vacancies earmarked for land losers of 600MW will be filled after commercial operation date of stage-IV (RTTP) 600MW. When the 4th respondent informed the 1st petitioner to appear before the District Selection Committee for examining the eligibility for providing employment under Land Losers Quota on 24.01.2014, 1st petitioner submitted all the relevant documents. (c) Since the RTTP, Unit-IV has not been commissioned; neither the 1st petitioner, nor the 2nd petitioner was provided with employment. (d) The 1st petitioner submitted representation to the 2nd petitioner on 01-02-2018 to provide employment to 2nd petitioner, qualified ITI (Electrical) and, is eligible for the post of Junior Plant Attendant and submitted all the documents. The commercial operations, in Stage IV Unit, were commenced on 28.03.2018. Since the employment was not provided, present writ petition was filed. 3. Counter-affidavit was filed on behalf of Respondent Nos. 3 to 5. Respondent No.4 deposed to the counter affidavit. It was contended interalia that notification and supplementary notification were issued by A.P.Genco for 177 Junior Plant Attendant posts for Rayalaseema Thermal Power Project. Out of those 177 posts, 50% posts i.e., 88 posts were earmarked for land losers. As per DSC merit list prepared and approved by the DSC Committee by the District Collector, Kadapa, land losers eligible and stood over at Sl.Nos. 2, 7, 8, 25, 28 etc., were given appointment orders as per their seniority in the DSC merit list fixed as per G.O.Ms.No.98. The 1st petitioner name was shown at Sl.No.294. The eligibility of the 2nd petitioner cannot be considered as the 1st petitioner is shown eligible in DSC. Request made by 1st petitioner to include the name of 2nd petitioner against his name has to be approved by the Chairman of the DSC i.e., the District Collector. After getting eligibility in DSC, the candidature will be considered for the post which is earmarked for land losers as per the eligibility criteria.
Request made by 1st petitioner to include the name of 2nd petitioner against his name has to be approved by the Chairman of the DSC i.e., the District Collector. After getting eligibility in DSC, the candidature will be considered for the post which is earmarked for land losers as per the eligibility criteria. Even though, the commercial operation of Stage-IV Unit was commenced on 28.03.2018, providing the employment to the land losers or to their legal heirs under G.O.Ms.No.98 will be taken up only after issuing notification for the eligible posts i.e., equivalent to Junior Assistants or Typists and below cadre and hence, eventually prayed to dismiss the writ petition. 4. Heard Sri V.V.Satish, learned counsel representing Sri J.Ashvini Kumar, learned counsel for the petitioners, Sri M.Vidya Sagar, learned Standing Counsel appearing for A.P. GENCO and learned Government Pleader for Energy. 5. Learned counsel for the petitioners would contend that the land of the 1st petitioner was acquired in the year 2010. As per the communication between 4th respondent and 2nd respondent dated 27.09.2011, vacancies earmarked for land losers of 600MW will be filled up after commercial operation date of Stage-IV. Learned counsel would point out that commercial operations would, in fact, commenced in 2018, however, the respondents failed to fill up the posts. Learned counsel would further submits that as per the information secured under Right to Information Act, 2005, 264 numbers of Junior Plant Attendant posts are vacant in RTPP. Before the 1st petitioner, 38 persons are eligible and are to be appointed as Junior Plant Attendants. He would also submit that though vacant posts are available, the respondents’ authorities are not filling up the posts and the very purpose of G.O.Ms.No.98 is being frustrated. 6. Learned Standing Counsel on the other hand would contend that pursuant to the land acquired, an Award was passed and each of the land losers was paid adequate compensation. Government issued G.O.Ms.No.98 extending resettlement and rehabilitation for displaced persons whose lands were acquired for the purpose of Major and Medium Irritation Power Projects. He would also submit that by following rule of reservation, not more than 50 percent of the vacancies will be filled up. He would also submit that as and when need arises, notification will be issued and as per the DSC list was prepared and the vacancies will be filled up.
He would also submit that by following rule of reservation, not more than 50 percent of the vacancies will be filled up. He would also submit that as and when need arises, notification will be issued and as per the DSC list was prepared and the vacancies will be filled up. Learned counsel would also submit that notification was issued in the year 2011 and 88 posts were filled up in the year 2011. 7. G.O.Ms.No.98 (Project Wing) Department, dated 15.04.1986 was issued by the Secretary to the Government of Andhra Pradesh, Irrigation Department to provide jobs to displaced persons of the project or to their dependants on regular basis and to keep such appointment outside the purview of the A.P.Public Service Commission and to reserve certain percentage of posts in the Projects for the displaced persons to ensure their appointment. As per the said G.O.Ms.No.98, not more than 50% of the vacancies of the categories equivalent to Junior Assistant/Typists and the cadres below arising in the Major and Medium Irrigation and Power Projects shall be filled up by the displaced families of respective projects by following the rule of reservation. The candidates eligible for appointment under the scheme shall be filled up by displaced persons or his/her son, daughter or spouse, there being no other earning member in the family. Applications from the eligible candidates shall be made to the District Collector concerned within a period of one year from the date of actual displacement from the family. Preference was also mentioned in the G.O.Ms.No.98. 8. The 4th respondent addressed letter dated 27.09.2011 to the 2nd respondent. Pursuant to the negotiations, in a meeting held at RTPP on 21.09.2011, with the land losers, the points raised in the said meeting were clarified and the same was intimated by the 4th respondent to the 2nd respondent. In the said letter, it was specifically mentioned that vacancies earmarked for land losers will be filled after commencement of commercial operations of Stage-IV (RTPP-600MW). 9. G.O.Ms.No.98 dated 15.04.1998, coupled with letter dated 27.09.2011, would manifest that land losers, whose lands were acquired for Projects, will be provided jobs, as indicated supra, immediately after commencement of commercial operation. Petitioners’ land was acquired in the year 2010. Commercial operation in the case on hand was commenced in the year 2018. Notification was issued in the first phase in the year 2011.
Petitioners’ land was acquired in the year 2010. Commercial operation in the case on hand was commenced in the year 2018. Notification was issued in the first phase in the year 2011. After lapse of 11 years, respondents are yet to issue another notification. The purpose of negotiations, referred to supra, coupled with issuance of G.O.Ms.No.98 cannot be frustrated by delaying the recruitment process. In G.O.Ms.No.98 it was clarified that the appointment/recruitment of land losers should keep outside by A.P.Public Service Commission. 10. Admittedly, the commercial operations in RTPP Stage-IV were commenced. Vacancies are available as indicated supra (as per Right to Information Act). The respondents shall take steps to fill up the posts, as per their need, after issuing notification and by following the procedure contemplated in G.O.Ms.No.98. In sofaras 2nd petitioner is concerned, G.O.Ms.No.98 clarifies that the candidates eligible for the appointment under the scheme shall be from displaced persons or his/her son, daughter or spouse, without therebeing no other earning member in the family. 11. Keeping in view the guidelines in the G.O.Ms.No.98, respondents’ authorities shall consider the case of the 2nd petitioner since the 1st petitioner addressed letter to the authorities to delete his name and include the name of 2nd petitioner in his place. Respondent authorities shall complete the exercise, as per their need, as early as possible. 12. With the above direction, this Writ Petition is disposed of. No order as to costs. As a sequel, all the pending miscellaneous petitions shall stand closed.