ORDER :

According to the Petitioner, the lands in S.No.896/1A Part, situated at No.144, Vallur Village, Ponneri Taluk, Chennai- 600 120, measuring to an extent of 0.57 acres, originally belonged to his grandfather Chinnakulanthai and later, they devolved to his father C.Munivel. While so, the said lands were acquired by the Land Acquisition Officer, namely the Special Tahsildar, (Land Acquisition) North Chennai Thermal Power Project, Inspection, Ennore, Chennai - 87, for starting North Chennai Thermal Power Project. Though one member in each family, from whom the lands were acquired for the said project, was assured of employment on Compassionate ground at the time of acquisition of their lands, the respondents did not provide such appointment to one member in each of the family from whom the lands were acquired.

2. The Petitioner further stated that the owners and members of the family of the land owners from whom the land were acquired to start a project called North Chennai Thermal Power Project, filed a batch of Writ Petitions, claiming Compassionate appointments. This Court disposed of the said writ petitions by a common order directing the Board to consider the claim of all the eligible persons for compassionate appointments from whom the lands were acquired to start the said project. Though the said order was taken on appeal by the Board, the same was disposed of by the Division Bench, by a common order dated 26.07.2003 in W.A. Nos.210 and 218 of 1999, directing the Board to find out as to whether the family seeking compassionate appointment was displaced due to the acquisition of their lands and also as to whether the said family was depending on the lands which were acquired from them and to give them appointment on compassionate ground, if they were displaced and if they were dependent on the lands which were acquired. Stating so, the Petitioner's father made representation to the respondents and requested them to provide appointment on compassionate ground. However, the said request was rejected by the 2nd respondent on the ground that his father Munivel has now been working as Fitter Grade - II in North Chennai Thermal Power Station and also on the ground that the lands which were acquired, could not be termed as major source of income. Aggrieved over the same, the petitioner has come up with this Writ Petition to quash the said orders passed by the respondent authorities.

3. The learned counsel for the petitioner submitted that the respondents have given compassionate appointment to one member in each family of all the land losers and whose lands were acquired for the North Chennai Thermal Project, however, they have not extended the said benefit to the petitioner and have rejected the claim of the petitioner stating that the petitioner's father was working as Fitter Grade II in North Chennai Thermal Power Station and the lands, which were acquired could not be termed as the major source of income for his family, by the orders impugned herein, which are arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India.

4. Per contra, the learned counsel for the respondents contended that G.O.Ms.No.656, Labour and Employment Department dated 29.06.1978 provides employment to land losers in the ratio of one person per family, whose lands were acquired, if the said lands were the only major source of living for their families, whereas the petitioner did not satisfy the requirement as envisaged in the said scheme for providing job assistance to him. He also contended that the petitioner cannot claim employment as a matter of right on the ground of such acquisition of lands. But a policy was adopted by the State Government to consider the case of the land losers for employment by virtue of the rehabilitation scheme and based on such policy alone, the families of those, who are displaced by way of acquisition, will be considered. Thus, according to the learned counsel, the petitioner is not eligible for su