ORDER:

This Writ Petition is filled 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 providing employment to the petitioner herein under land looser category while appointing other land oustees in Rayalaseema Thermal Power Project RTPP inspite of petitioner being eligible as per scheme issued in G O M S No 98 dated 15041986 and further action of respondents in making appointments to the posts without implementing rule of reservation infavour of women as illegal arbitrary violative of Art 14 and 16 of constitution of India”

2. The case of the petitioner is that her husband is the absolute owner and possessor of agricultural land admeasuring to an extent of Ac.0.55 cents in Sy. No. 260/2B, Kosinepalli Village, Muddanur Mandal, Kadapa District. The subject land was acquired for the purpose of Rayalaseema Thermal Power Project (RTPP) vide Award dated 01.09.1994. As the family lost the only source livelihood of their family, the petitioner initially made an application on 13-04-1995 for providing employment as she was possessing ITI qualification. But the same was pending with the respondents stating that her case will be considered whenever direct recruitment takes place.

3. When this Writ Petition taken up for admission on 28.04.2015, this Court was pleased to pass the following interim order:-

“The land of the petitioner’s husband seems to have been acquired for establishing a thermal power project at Kadapa and hence, the petitioner has claimed consideration of her case for appointment under the land losers’ 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 losers’ quota and subject to the petitioner being found eligible and suitable for appointment and as per the merit ranking and priority, the case of the petitioner may be considered.”

4. The respondent Nos. 2 and 3 have filed a detailed counter stating that in pursuance of the interim orders granted by this court, the petitioner’s case was carefully examined and speaking orders were passed on

22.05.2015 wherein it is stated as follows:-

“… in compliance of interim order passed by Hon’ble High Court in W.P.No.12623 of 2015, examined the grievance of petitioner as to provide employment under land loosers scheme. It is to inform that as of now there is no land loosers scheme in the respondents organization particularly in RTPP state-IV project. The petitioner has not lost any land in RTPP Stave-IV, but reported to have lost Stage-I of RTPP long ago, in respect of which, long back employment for land loosers was given and closed the scheme.

The land loosers scheme as per G.O.Ms.No.98 dated

15.04.1986 was already completed long back in the year 2013, and closed. Therefore, unable to accommodate in any post of service.

In case, if the posts are available in relation to the land loosers category, any vacancies as per the Notification issued for recruitment of MM/JPA, the case of the petitioners may be considered for appointment. (If the vacancies have been filled up and no posts are available, as per Rule -4(1) of G.O.Ms.No. 98 dated 15.04.1986, they may be considered for appointment, in the 50% posts that may raise in the future).

In terms of G.O.Ms.No. 98 dated 15-04-1986 as and when we go for direct recruitment of the post of below cadre of junior Asst/LDC, 50% of such vacancies will be considered for land looser quota upon such Direct Recruitment Notification; the petitioner may seek employment under land looser quota subject to fulfillment of Selection Criteria. Hence, the candidature of the petitioner cannot be considered.”

5. As per the counter affidavit filed by the respondents, it appears that the case of the petitioner could not be considered, as the land loosers scheme was closed way back in the year 2013. But how