HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 21920 OF 2017

O R D E R:

The case of petitioner is that their land to an extent of Ac. 0-20 guntas in Survey No. 1144, Chelpur Village, Ghanpur Mandal, Warangal District was acquired by Respondents 3 and 4 for the purpose of establishment of Kakatiya Thermal Power Project through Award No. B/3773/2005, dated 07-08-2006. The father of the petitioner being Pattedar of the agricultural land, agreed for acquisition of the land without any objection with a hope of getting employment to petitioner, being his son. It is stated, the authorities informed the father of petitioner to make Application for appointment when notification is issued for filling up the posts in Kakatiya Thermal Power Project. Thereafter, the 2^nd respondent for the first time after acquisition, issued Notification dated 22-04-2013 for the posts of Security Guard to be filled up on regular basis. In response thereto, petitioner applied for the said post enclosing No Earning Member Certificate and Land Loser Certificate etcetera, however, he was not issued Hall Ticket. Then, petitioner along with another filed Writ Petition No. 5029 of 2014 wherein respondents were directed to issue Hall Ticket to the petitioner for Physical Measurement Test and Physical Efficiency Test vide order dated 21-02-2014. Though for the land oustees also, Written Test, Physical Measurement Test and Physical Efficiency Test were prescribed, this Court declared that subjecting them again for written test and other qualifying examinations would result in defeating the very object of providing employment through the scheme. Pursuant to the same, petitioner attended the Physical Measurement Test and Physical Efficiency Test and in view of exemption, the Hall Tickets were collected by the authorities by informing him that all the Applications of land losers have been forwarded to the District Selection Committee, for which the 3^rd respondent is the Chairman and petitioner has been waiting for consideration of his case with a fond hope of getting employment. However, respondents considered one Sri. B.Suresh, who filed Writ Petition along with the petitioner, but his case was not considered though he is eligible and entitled under Land Loser category. He therefore, is stated to have made representations dated 02-03-2016 and 06-03-2016, however, his case was not considered. Petitioner again filed Writ Petition No. 23260 of 2016 which was disposed of vide order dated 12.08.2016, directing consideration of the case of petitioner observing that one Mr. B. Suresh who was a petitioner along with petitioner herein was appointed, whereas petitioner has not been issued with appointment orders. Thereafter the 4th respondent submitted requisition to the District Collector on 19.12.2016 for conducting District Selection Committee meeting for considering petitioner’s case, but, surprisingly, without placing the case of petitioner before District Selection Committee, the impugned Speaking order was issued on 19.01.2017 rejecting his case stating that he has not submitted Application in response to the notification and that he appeared for selection pursuant to the Interim orders of this Court.

The grievance of petitioner is that since this Court directed respondents to allow petitioner for selection, the ground of non-submission of Application cannot be put against him now. The further ground stated in the impugned Rejection order that copies of Land Loser Certificate and other testimonials were not submitted with in time is also unsustainable as all the certificates were submitted to the 4^th respondent, who, in fact, categorically stated in his letter addressed to the District Collector that the Revenue Divisional Officer (RDO), Mulugu has also attested the copies of Land Loser Certificate and verification report about acquisition of land of petitioner, apart from No Earning Member certificate

3. In the counter affidavit filed on behalf of Respondents 2