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2025 Supreme(Telangana) 438

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Mohammed Fayazuddin - Appellant
Versus
The Telanggana Power Generation Corporation Ltd - Respondent
Writ Petition No.10085 Of 2021
Decided On : 25-04-2025

Advocates:
Advocate Appeared:
For the Appellant : D RAMAKRISHNA
For the Respondent: GP FOR SERVICES I

Eligibility for employment under land loser quota is restricted to the displaced person, their spouse, son, or daughter, excluding grandchildren.

Headnote:(A) G.O.Ms.No.98, dated 15.04.1986 - Employment under land loser quota - The petitioner sought to challenge the memo dated 08.03.2021 rejecting his claim for employment as a grandson of a land loser, citing government policy that only direct dependents are eligible - The court reaffirmed that eligibility is limited to the displaced person, their spouse, son, or daughter, excluding grandchildren. (Paras 3, 4, 7, 10)

(B) Legal standing - The court emphasized that the grandson cannot be considered a dependent of the land loser, as established in prior judgments, thus reinforcing the boundaries of eligibility under the employment scheme. (Paras 8, 9)

Facts of the case:
The petitioner claimed employment under the land loser quota after his family's land was acquired for a government project, but his application was rejected based on the interpretation of G.O.Ms.No.98.

Findings of Court:
The court found that the petitioner did not meet the eligibility criteria as defined by the government order and previous court rulings.

Issues: The primary issue was whether the petitioner, as a grandson, qualifies for employment under the land loser quota.

Ratio Decidendi: The court held that the grandson does not qualify as a dependent under the relevant government order, which only recognizes the displaced person, their spouse, son, or daughter as eligible.

Result: Writ Petition dismissed.

ORDER :

SUREPALLI NANDA, J.

Heard Sri D.Ramakrishna, learned counsel appearing on behalf of the petitioner, Sri Srinivasa Srikanth, learned standing counsel appearing on behalf of the respondent Nos.1 & 2 and learned Government Pleader for Services-I appearing on behalf of the respondent Nos.3 & 4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the Memo 08.03.2021 issued by the 4th respondent as illegal, arbitrary, unjust and unreasonable and set aside the same and consequently direct the respondents to consider the claim of the petitioner for providing employment in the establishment of the 1st respondent under land looser quota immediately and appoint him as such with all consequential benefits in the interest of justice and to pass…”

3. It is specific case of the petitioner that the petitioner and his family are eking out the livelihood through the cultivation of the land in Sy.No.1106 situated at Chelpur Village, Mulugu Tq., Warangal district which is owned by Khaja Sharfuddin, who is the grandfather of the petitioner herein. The above said land was acquisitioned by the APGENCO for the purpose of establishing KTPS, consequently the family of the petitioner lost the livelihood. It is further the case of the petitioner that the policy of the government is to provide benefit of the employment to the land ousters when the land acquisition is made for the purpose of Government projects. The petitioner made representation to the respondents for availing the benefit of employment opportunity but the said representation was not considered by the respondents, resultantly, on an earlier occasion the petitioner approached this Hon’ble court seeking directions to the respondents to consider the petitioner’s representation and this court was pleased to pass the orders as prayed for there under. However, the respondents rejected the representation of the petitioner vide impugned memo, dated 08.03.2021 of the 4th respondent on the ground that the petitioner is the grandchild of the land owner as such the petitioner is not entitled for getting the employment in terms of G.O.Ms.No.98 . Aggrieved by the impugned memo, the petitioner preferred the present writ petition.

4. PERUSED THE RECORD.

A. The impugned memo File No.REV/ G/ LA/ 0002/ 2021- SUPDT(G-SEC), dated 08.03.2021 of the 4th respondent is extracted hereunder:-

In the reference 2nd cited, the Chief Engineer, KTPP, Chelpur has stated that, an extent of Ac 2-00 gts in Sy.No.1104 situated at Dubbpally Village of Ghanpur Mandal was acquired for the purpose of establishing KTTP duly paying compensation to Smt. Haffezabee W/o.Late Khaja Sharifuddin vide award proceedings.no.8/3773/2006, Dtd: 08.06.2007. Against the sald Award, Sri Md. Fayasuddin s/o.Faqrudding (First petitioner herein), who is the grandson of Khaja Sharifuddin has applied for the post of Junior Plant Attendant in the year 2011 under land looser category in response to the notification no.01/CG/M(HR)/2010, Dtd: 05.01.2011 and the same was rejected by the District Selection Committee on 01.07.2013, as he is not entitled in terms of G.O.Ms.No.98 since he is the Grandson of Smt. Hafeezabee (In terms of G.O.Ms.No.98 the candidate is eligible for appointment under this scheme shall be the displaced persons or his/her son, daughter or spouse, there being no other earning member in the family).

In the reference 5th cited, the Revenue Divisional Officer, Bhupalpally has reported that, on verification of the records available in file no.B/3773/2006, an extent of land Ac.2-00 Gts in Sy. No. 1104 situated at Dubbapally H/o.Chelpur Village was acquired for the purpose of establishing KTPP duly paid compensation to Smt. Hafeezabee W/o. Late Khaja Sharifuddin through KGB cheque no.605077 dated: 06.08.2007 vide RDO, Mulug Prodgs.No.B/3773/2006, Dtd: 26.05.2007. Further, in Sy. No. 1106 total extent of Ac. 15-08 Gts was acquired v

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