The main legal point established in the judgment is that the assurance given to land losers under G.O.Ms.No.98 was limited to reservation of posts and employment as and when recruitment takes place, without a guarantee of employment for all land losers.

JUDGMENT

R.RAGHUNANDAN RAO, J. - Heard, Sri V.V. Satish, learned counsel appearing for the appellants and Sri M. Vidya Sagar, learned Counsel appearing for the respondents 3 to 5.

2. The land admeasuring Ac. 1.12 cents in Sy. No. 246 of Kalamalla Village, Yerraguntla Mandal, Kadapa District belonging to the 1st appellant, was acquired by the Government and an award to that effect was also passed on 29/2/2012. This land was acquired for the purpose of establishing a thermal plant known as the Rayalaseema Thermal Power Plant, Stage IV (1 x 600 MW). Apart from the compensation under the award, the land losers, affected by the acquisition of their land for the above purposes, were also promised certain additional benefits including the application of G.O.Ms.No.98, Irrigation (Project Wing) Department. G.O.Ms.No.98 provided for land losers, whose lands were acquired for Irrigation Projects, or their dependents to be granted employment to the extent of 50% vacancies of the categories equivalent to Junior Assistant/Typist and cadres below the said posts. This said G.O. also provided that reservation for various reserved categories would also be applicable.

3. In pursuance of aforesaid assurances, the Andhra Pradesh GENCO issued a notification for recruitment of 177 Junior Plant Attendant posts and earmarked 88 posts, which would amount to 50% of the posts notified, for land losers. Subsequently, 88 of these posts were filled up by land losers. This recruitment process was undertaken in the year 2011.

4. In the year 2018, the stage-IV unit, for which the land of the 1st appellant had been acquired, commenced commercial operations. On 1/2/2018, the 1st appellant gave a representation that his son, who is 2nd appellant herein, had passed ITI (Electrical) and would be eligible for the post of Junior Plant Attendant and requested that employment be provided to the 2nd appellant instead of him.

5. The appellants moved this Court by way of Writ Petition No. 24319 of 2018 contending that there were 264 posts of Junior Plant Attendants which remain vacant in the Rayalaseema Thermal Plant and a direction should be issued to M/s. Andhra Pradesh GENCO to recruit the land losers against these vacant posts, in terms of G.O.Ms.No.98, dtd. 15/4/1986. The 2nd appellant also took the plea that he would be at Sl.No.39 in the list of eligible persons for being appointed as Junior Plant Attendant and would consequently, gain employment as at least 132 posts would have to be reserved for land losers, out of the 264 vacant posts.

6. The Learned Single Judge of this Court after considering the said submissions of the appellants as well as the objections raised by the respondents in their counter and had disposed of the Writ Petition on 14/3/2023 in the following manner:-

"Keeping in view the guidelines in the G.O.Ms.No.98, respondents' authorities shall consider the case of the 2nd petitioner since the 1st petitioner addressed letter to the authorities to delete his name and include the name of 2nd petitioner in his place. Respondent authorities shall complete the exercise, as per their need, as early possible.''

7. Aggrieved by the said Judgment, the appellants had filed the present Writ Appeal.

8. Sri V.V. Satish, learned counsel appearing for the appellants would submit that the learned Single Judge, having held that the appellants are entitled to the benefits of the G.O.Ms.No.98, dtd. 15/4/1986 ought to have issued a positive direction to the respondents to fill up the vacant posts. He would further contend that the Learned Single Judge could not have left it to the discretion of the respondents for determining whether the 2nd appellant could be given employment or not.

9. Sri V.V. Satish, learned counsel appearing for the appellants would submit that the 1st appellant had handed over his land and had given his consent for passing of an award solely on account of the prospect of obtaining employment in the Thermal Plant and as such, the right of the appe