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 issuing the impugned letter No.CE/O&M/RTPP/SE/A&MM/Adm/AAO/JAO/B1/W.P.No.13

11/15/D.No.998/15, dated 22.05.2015 rejecting the case of petitioner for appointment under Land Looser category though the petitioner is eligible and entitled as per the scheme contained in G.O.Ms.No.98 dated 15.04.1986 while considering and appointing candidates whose lands were acquired in the year 2012- 2013 while the petitioner’s land was acquired in the year 1994 thereby without following preferential clause contained under the scheme in spite of existing vacancies in the posts of Junior Plant Attendant / Mazdoor / Junior Assistant in Rayalaseema Thermal Power Project and further action in appointing 88 candidates who are land loosers on contract basis without considering the petitioner is illegal, arbitrary, violative of Article 14 and 16 of Constitution of India apart from contrary to the provisions under scheme contained in G.O.Ms.No.98 dated 15.04.1986 and to pass.....”

2. The brief facts of the case are that the petitioner belongs to a poor family and has studied upto Class 10. After her marriage she further passed B.A. from Dr. B.R. Ambedkar Open University in the year 2009 and I.T.I (Mechanic Diesel) in the month of July, 2014. While so, the husband of the petitioner possessed an extent of 0.55 cents of Agriculture Land in Sy.No.260/2B, Kosinepalli Village, Muddanur Mandal, Kadapa District., on which the petitioner’s husband depends on with little income. Thereafter, the above said extent of land was acquired for the purpose of Rayalaseema Thermal Power Project, vide award dated 01.09.1994.

3. As the petitioner’s family has lost the only livelihood, the petitioner’s husband made an application dated 13.04.1995 requesting to provide employment as he possesses ITI, but, the same has been kept pending stating that the case would be considered whenever Direct Recruitment takes place. Subsequently, the respondents have issued notification dated 05.01.2011 and supplementary notification dated 07.10.2011 for recruiting the posts of Junior Plant Attendant. As the petitioner’s husband was over aged, an application was made to consider the petitioner herein for employment.

4. While so, the petitioner’s husband died due to ill health on 13.04.2012. As such, the petitioner has appeared before the District Selection Committee headed by the respondent Nos. 2 and 4, where the petitioner has been found eligible and was placed in the list of eligible candidates issued by the 5th respondent dated 02.02.2014. To the utter surprise of the petitioner, she was not considered for employment on technical reason that the petitioner does not possess ITI qualification. The main grievance of the petitioner is that as she possesses qualification for other posts, the respondents shall provide employment to the petitioner under Land Looser Category with effect from the date on which all the other candidates were appointed under respondent Nos.2 and 4, in respect of acquisition made for Rayalaseema Thermal Power Project (RTPP)

with all consequential benefits.

5. Therefore, the petitioner has filed a W.P.No.12623/2015, wherein, this Hon’ble Court was pleased to grant the following interim directions on 28.04.2015:

“The land of the petitioners husband seems to have acquired for establishing a thermal power project at Kadapa and hence, the petitioner has claimed consideration of her case for appointment

under the Land looser’s quota. It appears, she has also been found eligible to be so considered.

Hence, if there are any vacancies left over to be filled in under the land looser’s quota and subject to the petitioner being found eligible and suitable for appointment and as per the merit ranking and priority, the case of