The court held that individuals must provide substantial proof of being recognized land losers to claim employment benefits, emphasizing the reliance on official land acquisition records for eligibility.

ORDER :

Nagesh Bheemapaka, J.

Petitioners in all these Writ Petitions state that their lands in Suraram Village, Palvoncha Mandal, Khammam District were acquired for the purpose of construction of Northern Ash Pond-II for Kothagudem Thermal Power Station (O&M) at Palvoncha. The 6^th respondent – Sub-Collector passed Award No. 1 of 2009 dated 23.06.2009 and accordingly, issued land loser certificates to petitioners. According to petitioners, respondents are under obligation to provide employment to the displaced persons or their dependants as per G.O.Ms.No. 98, dated 15.04.1986 and G.O.Ms.No. 247, dated 29.12.2008, but so far, no steps have been taken in that regard. It is complained that the said benefit was extended to some of the similarly- situated persons, but they were denied the same. Hence, petitioners are before this Court seeking a direction to respondents to appoint them / their dependants in suitable post in Kothagudem Thermal Power Station, Palvoncha, Khammam District under the land losers’ quota.

2. The Chief Engineer/O&M filed counter on behalf of Respondents 1 to 4 stating that the State Government issued G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated 15.04.1986 providing for rehabilitation and employment to the displaced persons or their dependants, as per which, not more than 50% of the vacancies shall be filled up by the displaced families or their dependants duly following the reservations for various categories. The Applications for appointment from eligible candidates are to be made to the District Collector concerned within one year from the date of actual displacement; the District Collector shall draw up a list of such Applications and forward the same to the project authorities for appointment. All the appointments made under the scheme shall be temporary to start with and subsequently, these employees would be regularized in the categories of posts whose pay is equal or less than that of Junior Assistants and they are also eligible for regular appointments. Subsequently, State Government issued G.O.Ms.No.266, Irrigation & CAD Department, dated 19-09-1994 for constitution of a Committee under the Chairmanship of District Collector, Joint Collector of the District as Member and Chief Engineer of the Project concerned as Member Convener. The State Government also issued G.O.Ms.No.247, Irrigation & CAD, dated 29-12-2008 making amendments to the GOs issued from time to time to the effect that the qualifying age of the displaced persons for employment shall be with reference to the date of the Award or date of taking possession or during the interregnum period.

2.1. It is stated, petitioners earlier filed Writ Petitions No. 32832, 32799, 32719 and 32784 of 2017 with the grievance that respondents are not providing them employment against 50% of the vacancies in terms of G.O.Ms.No.98 dated 15-04-1986 while choosing to absorb the services of about 24,000 outsourced personnel. The above Writ Petitions were dismissed as withdrawn on 21-07-2022 with liberty to petitioners to file fresh Writ Petition challenging the rejection order passed by the Collector & District Magistrate, dated 10-02-2022, in accordance with law. However they have not challenged the rejection order dated. 10-02-2022.

2.2. It is stated, on the requisition of the then Superintending Engineer (Civil), O&M, KTPS, dated 30-09-2004, land acquisition proceedings were initiated by the Sub-Collector, Land Acquisition Officer, Paloncha who, by Proceedings dated 23-06-2009 passed Award No. 01/2009 for acquisition of Ac. 185-38 Gts. in Suraram Village of Paloncha Mandal, Khammam District on payment of compensation