PEERAM AMARANATH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The case of the petitioners, in brief, is that petitioners 1 and 2 are father and son. The land of the 1stpetitioner of an extent of Ac.1-12 cents in Sy.No.246, situated at Kalamalla Village of Yerraguntla Mandal, Kadapa District was acquired by 1strespondent vide Gazette Notification Nos.1100, dtd. 30/12/2010 and 1203 dtd. 25/2/2012 published in the District Gazette for the prupose of RTPP project, Stage IV (1 x 600 MW). 1stpetitioner gave consent for the acquisition. An award was passed vide No.34/2012-2013 dtd. 29/2/2012 by LAO and RDO, Kadapa. Pursuant to passing of orders compensation was paid to 1stpetitioner.

(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 1stpetitioner name was shown at Sl.No.294. The eligibility of the 2ndpetitioner cannot be considered as the 1stpetitioner is shown eligible in DSC. Request made by 1stpetitioner 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 28/3/2018, 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.