Displaced persons need not produce certificate from Revenue Department.

(Appeals against the Common Order of the learned single Judge, dated 21.08.2000, in W.P. Nos.14162 and 14189 of 2000.)

Common Judgment:

Aggrieved by the Common Order of the learned single Judge, dated 21 .08.2000, petitioners in W.P. Nos.14162 and 14189 of 2000 by name Ponmuthu Nadar and Muthu preferred the above Appeals. For convenience, we shall refer the parties as arrayed before the learned single Judge.

2. In the Writ Petitions, the prayer was for the issuance of a writ of mandamus to direct the respondents - State Government and Vikram Sarabai Space Centre, Trivandrum, and their subordinate officers to fulfil their promise by providing suitable employment to the children of the petitioners viz., Gowri (daughter of the petitioner in W.P. No.14162 of 2000) and M. Senthilagan (son of the petitioner in WP No.14 189 of 2000) in the third respondent Liquid Propulsion Test Facilities Centre, Mahendragiri, under ‘Land Affected Category’. The learned Judge, who disposed of the said Writ Petitions along with W.P. No.1416 5 of 2000 filed by one Arumuga Nadar, after finding that though the lands were acquired in the year 1982 and 1983, the petitioners claimed the benefit of G.O.M.S. No.656, Labour and Employment Department, dated 29.06.1978, nearly after 17 years of acquisition, which makes it clear that the petitioners' families were not displaced immediately on account of acquisition of their lands; held that they are not entitled to the benefits of the said G.O. and dismissed the Writ Petitions, hence, the present Appeals.

3. Heard Ms. D. Nagasaila, learned counsel appearing for the appellants; Mr. M.T. Arunan, learned Additional Central Government Standing Counsel for R-3 and R-6; and Mr. M. Dhandapani, learned Additional Government Pleader for R-1, R-4 and R-5.

4. The only point for consideration in these Appeals is as to whether suitable employment could be ordered to be given to the daughter and son of the petitioners in the third respondent Liquid Propulsion Test Facilities Centre, Mahendragiri, under 'land affected category'.

5. It is not in dispute that the petitioners are amongst the 58 agriculturists displaced by the acquisition of land for Liquid Propulsion Test Facilities Centre by the third respondent at Mahendragiri.

The petitioner in W.P. No.14162 of 2000 was the owner of 4.23 acres of land at Panagudy Village, Radhapuram Taluk, Tirunelveli District. He asserted that he was maintaining his family by cultivating the said land and that the same was the only source of his income. It is also his claim that the respondents made him to give up his land assuring that at least one person from the family of the displaced person would be given employment in the third respondent-Centre at Mahendragiri on completion of the construction.

It is not in dispute that, by Award dated 10.11.1982, the petitioners were paid a meagre amount as compensation towards acquisition of their lands. It is also brought to our notice that the 4th respondent/Sub Collector, Cheranmadevi, through his Certificate dated 21.11.199 6, certified that the petitioners are affected persons eligible for employment as per G.O.Ms. No.656, Labour and Employment Department, dated 29.06.1978. After completion of the construction work and on coming to know that the third respondent initiated the process of recruitment of non-management staff and also appointed skilled and unskilled workers, the petitioners made representations on 6.3.1992 and 3.8.19 92 and also through their Association Secretary, requesting respondents 2 and 3 to provide suitable employment to their heirs. Bio Data and necessary particulars were also furnished. It was intimated that the vacancies are filled up from among the candidates sponsored by the Employment Exchange at Tirunelveli and Nagercoil and that there is no special concession with regard to employment.

6. Before the learned Judge, the Department had taken a stand that, irrespective of G.O.M.S. No.656, Labour and Employment Dep