THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 2993 of 2002 O R D E R: This Writ Petition has been instituted seeking directions to the respondents for providing employment under land loser category. The relevant facts for the purpose of deciding the lis in this Writ Petition lie in a narrow compass. Land of an extent of Ac.8.10 guntas in Survey No. 727/98 situated at Paloncha, Khammam District has been acquired for the purpose of establishing Kothagudem Thermal Power Station at Paloncha. Apart from payment of compensation for the land acquired, the State Government has also taken a policy decision through their G.O.Ms.No. 98 Irrigation (Projects Wing) Department, dated 15.04.1986, directing employment opportunities to be thrown open to the dependants of the displaced land owners, as a rehabilitation measure. It is the case of the writ petitioner that the land belonging to his grand father Shaik Babu Saheb stood acquired for the purpose of establishing Kothagudem Thermal Power Station. It is stated that Sri Shaik Babu Saheb was a joint patta holder along with Sri P.Narasaiah. Therefore, the writ petitioner solicited his case to be considered for employment under the displaced persons quota. Sri K. Chidambaram, learned Standing Counsel for the respondent would submit that the dependants of Sri P. Narasaiah, the joint patta holder, was, in fact, considered and one of his dependants has already been provided with employment and insofar as Sri Babu Saheb is concerned, he requested his son Jamal Saheb’s case to be considered and, in fact, the respondents have considered the case of Sri Jamal Saheb, but found him not suitable for employment and hence, the present Writ Petition should not be entertained at the hands of the grand son of the original land loser. It is also submitted by the learned Standing Counsel that more than one thousand persons whose names are entered for consideration under the land losers’ quota are still awaiting their turn. As the lands in question have been acquired long years before, no compassion is needed to be shown to the case of the writ petitioner. While it is true that unwarranted compassion should not be shown, but, at the same time, if the State Government has taken a policy decision to provide for employment opportunities in favour of the land losers, such a benefit should not be denied unjustly. If the son of a land loser is not eligible to be considered for employment by the respondents, in view of the specification in G.O.Ms.No. 98, whether any other dependant of the family can also be considered for employment is the question that deserves to be answered. Initially, the State Government has taken a policy decision and announced the same through their G.O.Ms.No. 676, Irrigation & Power Department, dated 17.11.1978, ordering for preference in the matter of recruitment to posts equivalent to L.D. Clerks, Typists and cadres below in the projects, to be filled in with eligible displaced persons or their dependants i.e. son, daughter or spouse, whose names are furnished by the respective Collectors. This original scheme as announced through G.O.Ms.No. 676 has been reviewed by the Government and the revised orders were published through G.O.Ms.No. 98, dated 15.04.1986. Clauses (i) and (ii) thereof are relevant for our enquiry, which read as follows: “ (i) Not more than 50% of the vacancies of the categories equivalent to Junior Assistants/Typists and the cadres below arising in Major & Medium Irrigation & Power Projects shall be filled up by the displaced families/or their dependants of a respective project duly following the reservations for various categories viz., SC, ST, BC, Ex- Servicemen, Physically Handicapped & Meritorious Sportsman etc. (ii) The Candidate eligible for appointment under their scheme shall be the displaced persons or his/her son, daughter or spouse, there being no other earning member in the family.” While Clause (i) specifies that the notified posts shall be filled up by the displaced families or their dependants, Clause (ii) specifies that they shall be filled with the displaced persons or his/her son, daughter or spouse. When we read Clauses (i) and (ii) together, the specification of son, daughter or spouse mentioned in Clause (ii) has got to be understood as indicating as to who can all fall within the broad definition of the expression ‘dependants of the land loser’. In a given case, the son, daughter or a spouse of a land loser, either may not be available or may not be eligible for recruitment, in such a case, can the benefit be denied to the other dependants of the land loser? Obviously, the intention of the State Government was to provide this additional social security by providing for employment opportunities for the land losers and their dependants, as a measure of relief and rehabilitation. When the lands are acquired for developmental works/projects, the displaced persons lose opportunities of living/useful occupations. Hence, the State has undertaken the rehabilitation and relief for such people by providing for employment opportunities additionally. Therefore, in a given situation, if the land loser’s son, daughter or spouse either are not eligible or not available, for consideration for employment, any other dependant such as a grand son or a grand daughter should not be denied an opportunity for employment. It is, therefore, for the writ petitioner to establish that he is the grand son of Sri Babu Saheb with reference to appropriate material obtained from the revenue establishment of the State Government and based thereon, he may stake a claim for consideration of his case. Since Sri Chidambaram has already pointed out that there are several people, who are waiting for employment, the present order should not be construed as giving any preference or weightage to the writ petitioner’s case to be taken on out of turn basis. It would have been appropriate for the respondents to maintain a register, so that the case of the eligible candidates and deserving ones for employment should be taken up in serial order. That would avoid considerable heart burn in delay of providing employment itself. Therefore, the respondents are directed to enlist the name of the writ petitioner, provided he satisfies that he is the grand son of the joint patta holder of Ac.8.10 guntas of land in Survey No. 727/98 situate in Paloncha, Khammam District which stood acquired for establishing Kothagudem Thermal Power Station, and consider his case along with all other eligible candidates, but not on any priority basis, as and when vacancies do arise. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 5th March 2010 ksld