IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF DECEMBER, TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.32623 of 2011 Between: B.Krishnaiah and others … Petitioners And The Government of A.P., Rep.by its Principal Secretary, I&CAD Department, Secretariat, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.32623 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the restriction contained in Note-(iii) to supplementary notification dated 17.10.2011 issued by the 2nd respondent where under the claim of the post of Junior Plant Attendant is confined to land-loosers of power generating stations only, as illegal, arbitrary and violative of rights guaranteed under Article 14, 16 and 21 of the Constitution of India and further violative of provisions contained in G.O.Ms.No.98 dated 15.04.1986 and further violative of ratio contained in decision rendered by this Court in W.P. No.1529 of 2011. Brief facts of the case are that the petitioners are the land losers under Joorala project. The respondents have issued supplementary notification dated 17.10.2011 calling for the applications for filling up of 1086 posts of Junior Plant Attendant by way of direct recruitment as per the notification dated 05.01.2011. As far as the Mahaboobnagar district is concerned, total 41 posts are notified under Hydro Electrical Stations situated in Priyadarshini Joorala Project. Pursuant to the said notification, the petitioners have made applications for being considered their candidature for the appointment to the post of Junior Plant Attendant under the land losers quota but the respondents authorities have not forwarded their applications to the District Collector for the purpose of consideration on the ground that the vacancies arose under the PJHES/General for which purpose no land of the petitioners were acquired but the land was acquired only for the purpose of Thermal Power Stations. Therefore, the candidature of the petitioners cannot be considered for the vacancies arose in PJHES. The learned counsel for the petitioners would submit that on the earlier occasion this Court adjudicated the similar writ petitions in W.P. No.1529 and 1566 of 2011 on 31.01.2011 while considering the relevant G.O.Ms. No.98, dated 15.04.1986 and G.O.Ms.No.226, dated 19.09.1994. He also submitted that orally objection raised by the respondents is that the relevant vacancies have been notified under PJHES but not in Thermal Power Project, therefore, the case of the petitioners cannot be considered, in this regard, he submits that the Hydro Electrical Power Project is the part and parcel of Thermal Power Project. He further submitted that it is the duty of the concerned respondents authorities to forward the applications of the petitioners to the District Collector for scrutiny where the District Collector authorities will decide whether the applicants are the land losers or not, based on the records. Heard the learned counsel for the petitioners and the learned standing counsel and perused the material on record. The only grievance of the petitioners is that pursuant to the supplementary notification dated 17.10.2011 they have applied for the vacancies notified there under and insofar as the Mahaboobnagar District is concerned, their applications were not forwarded to the District Collector for scrutiny on the ground that the land of the petitioners was not acquired for Hydro Electrical Stations in Priyadarshini Joorala project but their land was acquired for the purpose of Thermal Power Project, for which, the learned counsel for the petitioner referred the order dated 31.01.2011 passed by this Court in W.P. No.1529 and 1566 of 2011, which the relevant para reads as under: “Since the respondent Corporation agreed to abide by the policy decision taken by the State Government, as a rehabilitation mechanism of the land losers, suffice it, for the present, to direct the respondents to subject the cases of such of those applicants, who claimed recruitment against 50% land losers quota, to be examined by the appropriate selection committee of the district concerned and based upon the recommendations of the said selection committee, the follow up action of finalization of the selections be undertaken by the respondent Corporation, duly following and observing the other suitability conditions, such as possessing appropriate technical qualifications. It is needless to observe that the officials of the selection committee concerned at the time of selecting the displaced persons for appointment. Such objections are liable to be taken into account and consideration by the said committee. It is also open to the committee to scrutinize the qualifications, which are required for being employed with the respondent Corporation. With this, the Writ Petitions are disposed of at the admission stage, leaving all other questions unanswered as they are not called for, for the present, to be answered. No costs.” It is clear from the above that the Corporation had agreed to abide by the policy decision taken by the State Government and this Court had already considered the G.O.Ms.No.98, dated 15.04.1986 and G.O.Ms.No.266, dated 19.09.1994 in the said order. The oral objection stated to have been raised by the respondents that the vacancies arose under the PJHES and not in Thermal Power Stations, therefore, the case of the petitioners cannot be considered is not sustainable unless and until there is any clear instructions containing either in the memo or in the form of G.O. issued by the Government to the effect that the Hydro Electrical Stations did not fit within the definition of projects referred to in G.O.Ms.No.98, dated 15.04.1986. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel and also following the judgment referred to hereinabove, this writ petition can be disposed of with the following direction. The respondents are directed to consider the case of the petitioners and pass appropriate orders, in accordance with law, and consequently take all necessary steps to consider the cases of the petitioners for providing employment to the post of Junior Plant Attendant as already held by this Court in the judgment referred to hereinabove. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 13.12.2011 LSK