IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETIITON No.21980 of 2001 Between: Md.Ankoos Ali and others … Petitioners And The Chairman and the Managing Director and others … Respondents This Court made the following: HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 21980 OF 2001 ORDER:- The petitioners, who are displaced from their respective lands on account of the acquisition for the expansion of Singareni Collaries, have filed this writ petition to declare the action of the respondents in not considering their cases for suitable employment under the category of displaced persons, as illegal. The petitioners claim that they held small extents of agricultural land at Gopalapalli village and mandal, Warrangal District and the same was acquired for the purpose of extracting coal. They were granted meagre compensation under the provisions of the Land Acquisition Act. They were assured that they would be provided suitable employment in the company and on such assurance they did not even seek reference under Section 18 of the Act for enhancement of the compensation. According to them the District Collector sent a list of eligible persons under the displaced persons category, which included the petitioners also. In pursuance of the list, an endurance test was conducted on 25.09.1986, but the petitioners could not get qualified because of the high temperature. Their case was not subsequently considered. Therefore, contending that they are entitled to be absorbed as employees of the company, the petitioners have filed this writ petition. Sri S.Chalapathi Rao, learned counsel appearing on behalf of the petitioners, while reiterating would submit that the petitioners lost their livelihood by losing the land, which was the only source of their livelihood. He would submit that taking into consideration the hardship caused to the displaced persons the State Government issued orders in G.O.Rt.No.424 Energy, Forest, Environment, Science and Technology (P.R.I.) Department, dated 15.07.1988 and G.O.Ms.No.310, dated 11.11.1991 directing that such of those whose lands were acquired should be considered for recruitment as Badi fillers. Placing reliance on the said orders, the learned counsel would contend that the respondents are under obligation to absorb the petitioners. Learned counsel would however fairly submit that while the petitioners 1 to 21 and 26, 27 and 28 failed the endurance test, the petitioners 22 to 25 and 29 did not participate in the test due to medical grounds. There is no dispute that the petitioners were eligible for being absorbed as employees of the Singareni Collaries company, since they were displaced due to the land acquisition proceedings. Although the company is not under any statutory duty to provide employment to such displaced persons, on account of the social problem the State Government issued orders in G.O.Rt.No.424, dated 15.07.1998, to provide employment to the oustees of the land atleast as Badi fillers. At the same time one of the conditions stipulated in the said G.O. is that in order to be eligible for appointment, candidates should be subjected to eligibility test for physical fitness by having a 5 k.m. run and screen the candidates on the said basis. Admittedly, the petitioners could not pass the said test and, therefore, the petitioner Nos.1 to 21, 26, 27 and 28 have not satisfied the conditions stipulated in the said Government orders. Therefore, the action of the respondents in not appointing the petitioners on the said ground cannot be faulted. The right of the petitioners for absorption beside, certain facts viz., that the petitioners lost their only source of livelihood due to compulsory acquisition of their land and that they did not seek enhancement of compensation with the hope of getting employment, cannot be ignored. The livelihood of the petitioners being a basic requirement having social ramifications, the petitioners are permitted to make a fresh representation for their absorption to the 2nd respondent, and the 2nd respondent, de hors the right of the petitioners, to sympathetically consider their representation preferably with a period of two months from the date of receipt of the said representation. Subject to the above observation, the Writ Petition is dismissed. There shall be no order as to costs. ________________ NOUSHAD ALI, J 25th October 2010 lmv