THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27445 of 2019

ORDER:

This writ petition is filed seeking following relief:

“Declaring the action of the respondents in not providing employment to the petitioner though as was done in case of similarly situated persons in W.P.No.2498 of 2015 in terms of G.O.Ms.No.266 dated 19.09.1994 and G.O.Ms.No.98 Irrigation (Project Wing) dated 15.04.1986 and G.O.Ms.No.247 Irrigation & CAD (Project Wing LA IV R & R) dated 29.12.2008 and also Lr. No. CE/KTPS (O & M)/SE/Adm/DE/Adm/PO/Adm/AM- B/B.5/D.No.74/19, dated 27.09.2019 and prays to set aside the same and prays to direct the respondents to appoint the petitioner in the respondents office under Land losers quota as G.O.Ms.No.266 dated 19.09.1994 and G.O.Ms.No.98 Irrigation (Project Wing) dated 15.04.1986 and G.O.Ms.No.247 Irrigation & CAD (Project Wing LA IV R & R) dated 29.12.2008.”

2. Heard Sri G. Allabakash, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation and Command Area Development for respondent No.1 and Sri Srinivasa Srikanth, learned counsel for respondent No.2.

3. The case of the petitioner is that she is a dependant of land loser and co-sharer of the land and their lands were acquired an extent of Ac.1.00 guntas each in Survey No.90/1 situated at Patha Surram Village, Paloncha Mandal in Bhadradri Kothagudem District previously under Khammam District in the year 2009 for establishment of construction of Norther Ash Pond-II, Palvoncha KPTS. An award No.B/1195/2004 was passed on 23.06.2009 by paying a meager compensation by assuring that the land losers of one of the family member will be provided employment by appointing under scheme envisaged G.O.Ms.No.98 dated 15.04.1986 and G.O.Ms.No.247 Irrigation & CAD (Project Wing LA IV R&R) dated 29.12.2008 to them in spite of several representations submitted by her and as per the above said GOs they are entitled for employment under land losers quota 50% in the existing vacancies. It is also brought to the notice of this Court that in similar circumstances some of the land losers have filed W.P.No.2498 of 2015 before this Court and this Court passed orders by directing the respondent Nos.2 and 3 to consider the cases of the petitioners also in the land losers categories on par with the similar situated other persons subject to availability of vacancies within a period of two months from the date of order and as per the said order of this Court, the respondents issued posting orders as Junior Assistants in their office vide proceedings dated 30.03.2015 but case of the petitioner was not considered by the respondents.

4. It is further submitted that respondent No.5 issued Lr.No.CE/KTPS (O & M)/SE/Adm/DE/Adm/PO/Adm/AM- B/B.5/D.No.74/19, dated 27.09.2019 stating that her application is not within period of one year from the date of acquisition hence her application was rejected and in this connection she submitted that her father had submitted an application dated 10.03.2010 requesting the District Collector, Khammam to provide employment to his daughter under land loser’s quota but no employment was provided and after waiting for a long time again submitted another application on 05.07.2019 to the Chief Engineer, KTPS, Paloncha requesting to provide employment but without getting information from the District Collector, Khammam in arbitrary manner rejected the case of the petitioner on the ground that she has not submitted application within one year from the date of land acquisition of land. It is further stated that number of persons were appointed by the respondents as Junior Plant Assistants and Junior Assistants in the office of respondent Nos.2, 3 and 5, though, she is fully eligible and qualified for appointment in any suitable post in the TSGENCO or any other office in the state of Telangana and thus prayed to allow this writ petition by setting aside the letter dated 27.09.2019 issued by the respondent No.5 and prays to direct the r