ORDER:

This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the Respondents in not considering the case of the 1st Petitioner for employment under land looser category while considering other candidates below than him in the land loosers list issued by the committee dated 02.02.2014 as illegal, arbitrary and violation of Article 14 and Art 16 of the Constitution of India and contrary to the G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, consequently direct the Respondents to appoint the 1st Petitioner in the post of Junior Plant Attendant or in any other suitable post on par with the other similarly situated candidates who were appointed in the 1st phase and pass....”

2. The case of the petitioners is that in the year 1992, the 2nd petitioner’s land to an extent of Ac.0.60 cents in Sy.No.368/1B, was acquired for RTPP Stage-1 Railway Track and subsequently, the 2nd petitioner made an application for employment on 09.11.1993 i.e., within a period of one year, but, however, the same was not considered. As such, the 2nd petitioner, along with 42 others has filed W.P.No.27643 of 2007 before this Court, which was disposed of on 26.04.2010 as under:

“…disposed of directing the respondents to consider the applications of the petitioners in proper perspective and all those applications should be processed by the selection committee and it has to prepare a selection list, after taking into consideration the eligibility criteria and consequently provide due employment.

There shall be no order as to costs.”

3. Thereafter, in the year 2013, the 2nd petitioner herein has attended the interview at the collector office, but of no avail. As the 2nd petitioner’s health was deteriorating, he made an application to the respondents to consider the case of his son i.e., the 1st petitioner herein for employment under land looser category as he is eligible having passed intermediate (M.P.C) and also pursued ITI (Diesel Mechanic). Thereupon, the District Collector (Chairman of District Selection Committee), the Joint Collector and the Chief Engineering, RTPP issued a list of land loosers/RTP on 02.02.2014, wherein the 1st petitioner was placed at Sl.No.47. The case of the petitioners is that the candidates above Sl.No.47 have been appointed under the land looser category but not the petitioner herein. The 2nd petitioner herein made a representation to the 3rd respondent which was received at the office on 31.08.2019 in pursuance of which, the 3rd respondent issued proceedings dated 13.09.2019 stating that though the 1st petitioner had attended 3rd D.S.C meeting, his case was not considered as the final award relating to his land was pending and the same was recorded in the remarks column by the R.D.O. It is further stated in the said proceedings that basing on the report of RDO/Land Acquisition Officer, the D.S.C., which met on 18.06.2019, decided to confirm the 1st petitioner’s position in 3rd D.S.C. Merit list in the same place under the Sl.No.47 and that his case would be considered for providing employment in the earmarked posts of land loosers in the future notifications as per the eligibility criteria.

4. The grievance of the petitioners is that as per the scheme in G.O.Ms.No.98, the case of displaced land persons has to be considered for appointment on temporary basis at the initial stage and thereafter be regularized, but, even though there are number of vacancies in the categories of Junior Plant Attendant and other categories to which the 1st petitioner is eligible and qualified, the petitioners’ case has not been considered for employment. Hence this writ petition.

5. The respondent Nos.3 and 4 has filed a detailed counter stating that the G.O.Ms.No.98 is meant for the procedure to be followed for filling up of regular vacancies but not fo