THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.34935 of 2014 Dated: 20.11.2014 Between:
Messu Padma Rao, S/o.Ramulu Pathasurarama, Paloncha, Khammam District and three others And The AP Genco, Rep.by its Managing Director, Vidyut Soudha, Somajiguda, Khairatabad, Hyderabad and five others … Petitioners … Respondents THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.34935 of 2014
ORDER:
Heard the learned counsel appearing for the petitioners and the learned standing counsel for respondents 1 to 5.
The petitioners are land-losers, whose lands were acquired for construction of Kothagudem Thermal Power Station (KTPS) (V Stage), Paloncha, Khammam District. At the time of acquiring their lands and that of similarly situated persons, an assurance was given to provide them regular employment in KTPS under land-losers quota. The petitioners are aspirants for the posts of JPAs in KTPS. As they were not provided employment in terms of G.O.Ms.No.98, Irrigation (Projects Wing) Department, dated 15.04.1986 along with others they filed writ petition No.8050 of 2008 which was disposed of on 29.04.2010. Following the judgment of Division Bench in Writ Appeal No.160 of 2003, the learned single Judge took the view in the writ petition that all the applications submitted by the land-losers should be processed by the selection committee. It has to prepare a selection list after taking into consideration the eligibility criteria and consequently provide due employment.
Subsequently, for filling up the JPA vacancies, a notification dated 17.10.2011 was issued notifying certain vacancies. At that time, it was noticed by the respondents that some of the candidates did not possess the requisite qualification of ITI. 6th respondent held a meeting on 26.11.2012 and by proceedings dated 27.11.2012 issued the following instructions to respondents 4 and 5.
“At the outset, the District Collector & Chairman, District Screening Committee has reviewed the issues related to employment into the KTPS of the land losers and taken the following decisions as mentioned below:
1. Delay of the application filed was condoned.
2. applicants those who are not ITI Qualified for the specified post, they will be given two years of time to complete the ITI qualification and such specified post be kept vacant to them for these two years. After completion of two years time if they attain ITI qualification, they are provided employment.
3. For other applicants/candidates other than ITI qualified/less qualified as per eligibility the suitable employments should be provided.
4. For Non-tribal Candidates they should be accommodated at relevant units of AP GENCO outside the Scheduled area.”
The grievance of the petitioners is that some candidates who were petitioners along with them in the earlier writ petition were given appointment, but the petitioners were not provided the employment on the ground that they did not possess the qualification of ITI as on 26.11.2012 which according to the petitioners is contrary to the instructions issued by the sixth respondent. Learned counsel appearing for the petitioners would submit that as per the instructions issued by the Collector, the vacancies in respect of the petitioners ought to have been kept vacant without filling up and they ought to have been accorded opportunity to acquire ITI qualification within two years. But no such directions were given to the petitioners. The learned counsel would submit that under the rules, the respondents are also empowered to relax the eligibility criteria. Therefore, the petitioners ought to have been appointed in the vacancies of JPAs.
The fact however remains that the petitioners acquired ITI qualification within two years from 26.11.2012. Basing on the instructions received from the respondents, the learned counsel appearing for the respondents would submit that the instructions are to the effect that since the petitioners have not acquired the ITI qualification as on 26.11.2012, they are not eligible for appointment. The learned counsel would further submit that there are no vacancies existing as on today. Answer to this learned counsel appearing for the petitioners would submit that still there are several vacancies and the petitioners can be appointed in the said vacancies as they are eligible to the appointment as JPAs.
The 6th respondent vide proceedings dated 27.11.2012 issued instructions to condone the delay in filing applications and also to grant two years time for the candidates to acquire the ITI qualification by setting apart some vacancies for the aspiring candidates. Within the time prescribed by the 6th respondent, the petitioners acquired the ITI qualification. Therefore, by virtue of the order passed in W.A.No.160 of 2013 and also the writ petition No.8050 of 2008, the petitioners are entitled to be appointed as JPAs under land-losers quota.
In the circumstances afore stated, I am of the considered view that there is no justification for the respondents to deny the petitioners appointment to the posts of JPAs in KTPS since they acquired ITI qualification within the time prescribed by the 6th respondent vide proceedings dated 27.11.2012. Therefore, the respondents are directed to provide employment to the petitioners as JPAs subject to their eligibility and notwithstanding the fact that they have not acquired the ITI qualification before the DSE held on 26.11.2012.
The writ petition is accordingly disposed of. No order as to costs. Miscellaneous petitions pending if any in this writ petition shall stand dismissed.
R. KANTHA RAO, J.
20th November 2014, Rns