THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Dated this the 27th day of November 2009. Writ Petition No. 16185 of 2002. Between: Uppaloori Ramana Murthy And another. …..Petitioners. vs. The Chief Managing Director, Vidyuth Soudha, APGENCO, Hyderabad and three others. ……….Respondents. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 16185 of 2002. ORAL ORDER: Heard Sri.P.Ravishankar, learned Counsel for the petitioners and Sri.K.Chidambaram, learned Counsel for the respondents. The writ petitioners claim that their lands have been acquired by the State for the purpose of establishing a thermal power station and its associate works. The State Government, according to the petitioners, has taken a policy decision to provide for employment to the land losers or their dependants as an additional measure of compensating such persons whose lands were compulsorily acquired by the State. Such measure has been adopted by the State to provide relief to the displaced persons who have no other avocation except to depend upon agricultural operations on those very lands. To cut short of long story, it will be appropriate to notice that when the A.P. State Electricity Board preferred Special Leave to Appeal (Civil) No. 14038 of 2004 against an order dt. 21.4.2003 in W.A.No. 342 of 2003 of this Court, the Supreme Court passed the following order: “Normally, a committee constituted to select candidates and prepare a selection list is also empowered to consider the eligibility of the candidates whose cases are considered by the committee. In the instant case, we find that one of the considerations, which may weigh with the committee is whether the candidate concerned is a displaced person who was displaced as a consequence of the execution of the project. It is, therefore, not necessary for us to express any opinion in the matter since that is a matter, which must be considered by the Selection Committee constituted under the Act. It will be open to the Board to contend that they are not displaced persons and it will equally be open to the concerned persons to contend that they are displaced persons. The final decision must rest with the Selection Committee. In the result, we condone the delay in filing these special leave petitions and dispose of the same with the aforesaid directions.” In terms of this order of the Supreme Court dt. 6.11.2006, the A.P. Power Generation Corporation passed orders through a Memo dt. 8.11.2007 permitting the Chief Engineer (Operations and Maintenance), Kothagudem Thermal Power Station to issue appointment orders to 60 displaced candidates recommended by the Selection Committee in compliance with the orders passed on 6.11.2006 by the Supreme Court of India. Through this memo, the APGENCO has enclosed a list of the names of 60 displaced candidates. The writ petitioners herein are similarly placed and their lands have also been acquired and award was also passed fixing the market value towards compensation. Therefore, their cases stand on identical footing. Dealing with W.A.No. 160 of 2003 and W.A.No. 731 of 2007, a Division Bench of this Court also directed the respondents to consider the cases of the appellants and their cases be processed by the Selection Committee. The cases of the petitioners herein have in fact been processed by the Selection Committee. They have also considered the petitioners as displaced persons. In fact, the Chief General Manager (HR) APGENCO, Vidyut Soudha, Hyderabad through his Lr.No. CGM(HR)/LO/DLWO/437/2007-10 dt. 29.9.2009 requested the District Collector & Magistrate, Khammam to communicate the decision of the District Collector and Magistrate, as the Collector is the Chairman of the Selection Committee. It is therefore appropriate that the District Collector & Magistrate, Khammam should be directed to take final decision in the matter and communicate the decision to the APGENCO at the earliest so that further consequential measures would be undertaken by the GENCO. I therefore consider it appropriate to direct the District Collector & Magistrate, Khammam to take a decision as per the request made by the Chief General Manager (HR), APGENCO, Vidyuthsoudha, Hyderabad through his letter dt. 29.9.2009 and communicate the same within a maximum period of two months from the date of receipt of a copy of this order. Based upon the findings of the District Collector, Khammam, I have no doubt that the APGENCO will finalise the process and issue necessary orders of appointment in favour of the petitioners, within a maximum period of 30 days thereafter. The Registry to communicate a copy of this order to the District Collector and Magistrate, PKhammam. With the above direction, the writ petition stands disposed of. No order as to costs. _____________________________ NOOTY RAMAMOHANA RAO,J 27.11.2009. Krb. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO. WRIT PETITION No. 16185 of 2002. Dated: 27.11.2009.