L.RAVI KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The case of petitioner is that their land to an extent of Ac. 0-20 guntas in Survey No. 1144, Chelpur Village, Ghanpur Mandal, Warangal District was acquired by Respondents 3 and 4 for the purpose of establishment of Kakatiya Thermal Power Project through Award No. B/3773/2005, dtd. 7/8/2006. The father of the petitioner being Pattedar of the agricultural land, agreed for acquisition of the land without any objection with a hope of getting employment to petitioner, being his son. It is stated, the authorities informed the father of petitioner to make Application for appointment when notification is issued for filling up the posts in Kakatiya Thermal Power Project. Thereafter, the 2nd respondent for the first time after acquisition, issued Notification dtd. 22/4/2013 for the posts of Security Guard to be filled up on regular basis. In response thereto, petitioner applied for the said post enclosing No Earning Member Certificate and Land Loser Certificate etcetera, however, he was not issued Hall Ticket. Then, petitioner along with another filed Writ Petition No. 5029 of 2014 wherein respondents were directed to issue Hall Ticket to the petitioner for Physical Measurement Test and Physical Efficiency Test vide order dtd. 21/2/2014. Though for the land oustees also, Written Test, Physical Measurement Test and Physical Efficiency Test were prescribed, this Court declared that subjecting them again for written test and other qualifying examinations would result in defeating the very object of providing employment through the scheme. Pursuant to the same, petitioner attended the Physical Measurement Test and Physical Efficiency Test and in view of exemption, the Hall Tickets were collected by the authorities by informing him that all the Applications of land losers have been forwarded to the District Selection Committee, for which the 3rd respondent is the Chairman and petitioner has been waiting for consideration of his case with a fond hope of getting employment. However, respondents considered one Sri. B.Suresh, who filed Writ Petition along with the petitioner, but his case was not considered though he is eligible and entitled under Land Loser category. He therefore, is stated to have made representations dtd. 2/3/2016 and 6/3/2016, however, his case was not considered. Petitioner again filed Writ Petition No. 23260 of 2016 which was disposed of vide order dtd. 12/8/2016, directing consideration of the case of petitioner observing that one Mr. B. Suresh who was a petitioner along with petitioner herein was appointed, whereas petitioner has not been issued with appointment orders. Thereafter the 4th respondent submitted requisition to the District Collector on 19/12/2016 for conducting District Selection Committee meeting for considering petitioner's case, but, surprisingly, without placing the case of petitioner before District Selection Committee, the impugned Speaking order was issued on 19/1/2017 rejecting his case stating that he has not submitted Application in response to the notification and that he appeared for selection pursuant to the Interim orders of this Court. The grievance of petitioner is that since this Court directed respondents to allow petitioner for selection, the ground of non-submission of Application cannot be put against him now. The further ground stated in the impugned Rejection order that copies of Land Loser Certificate and other testimonials were not submitted with in time is also unsustainable as all the certificates were submitted to the 4th respondent, who, in fact, categorically stated in his letter addressed to the District Collector that the Revenue Divisional Officer (RDO), Mulugu has also attested the copies of Land Loser Certificate and verification report about acquisition of land of petitioner, apart from No Earning Member certificate

(2.) In the counter affidavit filed on behalf of Respondents 2 to 4, it is stated, at the stage of conducting written examination to the general candidates [other than land loser applicants], after about nine months from the date of issuing Notification, Petitioner and another [Sri B.Suresh] filed Writ Petition No. 5029 of 2014, and pursuant to the order dtd. 21/2/2014, petitioners therein were issued Hall tickets thereby affording an opportunity for participation in PMT & PET, however, the present petitioner has not attended for "Physical Measurement Test". Some of the land losers approached this Court by filing Writ Petition Nos.21967, 24664, 24870 and 36751 of 2014 inter-alia contending that their candidature shall have to be considered for appointment under Land Loser quota, without subjecting them to Physical Efficiency Test. This Court granted interim orders therein, pursuant to which, taking into consideration the guidelines specified in G.O.Ms.No.98, Irrigation (Project Wing) Department, dtd. 15/4/1986, the Board of Directors of TG GENCO in its 13th Board meeting held on 26/11/2015, had taken a decision to exempt the land losers from passing the second level test as per Clause 15 (A) (ii) (b) of the notification from and out of select list of land losers recommended by the respective District Selection Committee. Therefore, selections have been finalized without reference to the second level, i.e. Physical Efficiency Test specified in the notification, in respect of land loser applicants. Petitioner's name is not figuring as land loser in the list forwarded by the District Collector, Warangal. Per contra, the name of Sri B.Suresh found place in the list forwarded by the District Collector, Warangal.

(3.) Petitioner filed reply to the counter stating that respondents have issued notification dtd. 22/4/2013 for fireman and security guard; 120 vacancies are earmarked for fireman category and 241 for security guard category. Out of which 78 posts in the security guards and 22 in the category of fireman are notified in Kakatiya Thermal Power Project. Among the said vacancies, as per the policy decision of Government and directions issued in G.O.Ms.98, dt.15/4/1986, 50% of the vacancies have to be reserved for land losers/displaced persons, or their dependents. Therefore, 39 posts are meant for land losers category, out of 78 security guards and 11 posts in the category of Fireman. But the respondents have not filled up the quota meant for land-loser, in spite of availability of candidates like Petitioner. Respondents issued the impugned speaking order dtd. 19/1/2017, rejecting the candidature of petitioner only on the ground that petitioner has not submitted Application with copies of land loser certificate and no earning member certificate within the time stipulated in the notification, though petitioner submitted the same even before conducting DSC on 24/2/2014, and further this Hon'ble Court granted interim directions on dtd. 21/2/2014, itself, the respondents ought to have considered the petitioner under land loser category. It is stated though petitioner attended Physical Measurement Test, respondents have shown him as not attended, whereas candidates namely Ojjala Srisailam, B. Suresh and others, who are said to have failed in Physical Measurement Test and Physical Efficiency Test, have been appointed. The said appointment orders are being filed as material papers along with this reply. This shows the respondents with predetermination, have been denying employment to the petitioner illegally and arbitrarily. It is relevant to state that Hon'ble Supreme Court categorically considered the issue of eligibility as well as entitlement by producing documentary evidence in proof of entitlement and eligibility even after cut-off date in Dolly Chhanda v. Chairman, JEE, (2005) 9 SCC 779.