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2025 DAILYLAW 17665 (AP)

K LAKSHMI REDDY v. THE STATE OF AP

WP/12681/2023 · 2025-08-11

Ninala Jayasurya, Tuhin Kumar Gedela

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Judgment text

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APHC010241432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWELFTH DAY OF AUGUST - TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 12681 OF 2023 Between: K Lakshmi Reddy, S/o Penchala Reddy, Aged about 54 years. Unemployee, Residing at D.No.43/205-1-4, Prakash Nagar, Kadapa, YSR Kadapa district. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation AND CAD Department, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. The Chief Engineer, NTR, TGP Circle, Srikalahasti, Chittoor district. 3. The District College Cum Chairman Selection Committee, Rehabilitation of Displaced persons, Kadapa, YSR Kadapa District 4. The Superintendent Engineer, Somasila Project, Durgamitta, Neltore district. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not il^clS^ering the representation dt.2-5-2023 for providing the employment r the scheme of Eligible persons whose lands were submerged under Sbfhasla Project in terms of G.O.Ms.No.98, dt.15-4-1986 and also not consider the orders dt.26-7-2013 made in O.A.No.5707/2013 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad is illegal, arbitrary and h violative of principals of natural justice and conseqi^ntly direct the 3rd and 4th dt.2-5-2023 for providing respondents to consider the represent^ employment to the petitioner forthwith. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased o direct the 3rd and 4th respondents herein to consider the representation dt.2- 5-2023 for providing the employment in terms of G.O.Ms.no.98, dt.15-4-1986 as well as orders dt.26-7-2013 made in (D.A.No.5707/ 2013 on the file of the court of the Andhra Pradesh Administrative Tribunal, Hyderabad forthwith pending disposal of the above writ petition in the interests of justice. Counsel for the Petitioner: SRI G V S MEHAR KUMAR Counsel for the Respondents: GP FOR SERVICES III The Court made the following order: APHC010241432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No.12681 OF 2023 Between: K.Lakshmi Reddy, S/o.Penchala Reddy, Aged about 54 years. Unemployee, Residing at D.No.43/205-1—4, Prakash Nagar, Kadapa, YSR Kadapa District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation & CAD Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chief Engineer, NTR TGP Circle, Srikalahasti, Chittoor District. The District College-cum-Chairman, Selection Committee, Rehabilitation of Displaced Persons, Kadapa, YSR Kadapa District. The Superintending Engineer, Somasila Project, Durgamitta, Nellore District. 1. 2. 3. 4. ...Respondents Mr.G.V.S.Mehar Kumar Counsel for the Petitioner The G.P. for Services-ll Counsel for the Respondents: 2 WP_12681_2023 The Court made the following ORDER: (per Hon’ble NJS,J) Heard learned counsel for the petitioner. Krishna, learned Assistant Government Pleader for Services-ll. Perused the material on record. Also heard Mr.D.Vamsi 2. The writ petitioner, a displaced filed O.A. No.5707 of 2013 before person in view of Somasila Project, the erstwhile Andhra Pradesh Administrative Tribunal at Hyderabad seeking entitled for appointment to the post of Junior Assistant/Attende r suitable post or other equivalent post to the a declaration that he is or any extent of 50% vacancies meant for displaced persons’ quota in terms of G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.4.1986 and the Government Orders/ Government Memos/Circulars issued from time to time. The Learned Tribunal initially passed an interim order dated 26.7.2013 with to consider the case of the writ applicant/petitioner a direction for appointment in terms of G.O.Ms.No 98, dated 15.4.1986, irrespective of the date of his application or irrespective of the limitation prescribed therein, as per his eligibility and suitability, by including his name in the seniority list dated 09.3.2006 and pass appropriate orders within a period of three weeks from the date of receipt of a copy of the order. 3. Subsequently, the Learned Tribunal disposed of the an order dated 18.12.2015, the relevant portion of which main O.A., by reads as follows; 3. Government Pleader, at the time of hearing while Ni TJ No CE/TGP/TPT/Tirupati/Court Cases/cl,’ dated to District Selection Committee, pertaining to the cases of displaced persons in Somasila Project, approved the final person^ Merm iLiqafif!! |.'^"9ation (Projects,Wing) Department, dated 15.41986 for providing employment under the said quota in the meeting hat was held on 18.6.2015 and the said finaT integrated rpprov/l Is aSef for approval and the w- ^ 3 WP 12681 2023 The learned Government Pleader further submits that the of the applicant is figuring at SI.No.279 and the above integrated seniority list is pending with Government for approval. The learned counsel for the applicant, at this stage, requests to direct the respondents to appoint the applicant as per eligibility and suitability, to the concerned post i.e.. Junior Assistant/Typist/Office Subordinate/Blue Print Operator/Lascar etc., and as per the required qualifications for the post, in terms of G.O.Ms.No.98, dated 15.4.1986. In view of the fact that the name of the applicant has already been approved by the District Selection Committee, final integrated seniority list is prepared and is awaiting for approval, for appointment of the applicants, this Tribunal is of the considered view that the O.A., can be disposed of, with a direction to the respondents to expedite the process of appointment in accordance with the placement of the applicant in the above referred integrated seniority list, within certain time frame in order to meet the ends of justice. In the light of the above facts and circumstances, the respondents are directed to complete the process of appointment of the applicant in terms of G.O.Ms.No.98 dated 15.4.1986 and other relevant Government orders, Government Memos and Circular Memos, issued from time to time, in accordance with the final integrated seniority list approved by the District Selection Committee, in the meeting held on 18.6.2015 and sent to the Government for approval, subject to seniority, eligibility, suitability to the concerned post and in accordance with the relevant roster points, and as per Rules, within six months from the date of receipt of a copy of this order. 4. name 5. 6. 7. The learned counsel submits that the writ petitioner is not aware of the final order dated 18.12.2015 as he was not in touch with the counsel, who appeared before the Learned Tribunal and therefore, representation dated 02.5.2023 was made by referring to the interim order dated 26.7.2013 to the Authorities with a request to provide employment under displaced persons quota. He submits that the petitioner, only after the counter affidavit was filed in the present writ petition on behalf of the respondents, came to know about the final order dated 18.12.2015 and in view of the said orders, appropriate action has to be taken by the respondent Authorities. 4. 5. The learned Assistant Government Pleader, on the other hand, made submissions with reference to the counter affidavit dated 28.7.2023 4 WP 12681 2023 wherein it is inter alia stated that the petitioner is not eligible for employment under displaced persons’ quota in terms of G.O.Ms.No.98, dated 15.4.1986. While stating that no order has been passed by the concerned Authority in this regard, he submits that in the light of the averments made in the counter affidavit, the petitioner is not entitled for any relief in the present writ petition. On an appreciation of the submissions made by the learned Assistant Government Pleader, this Court is not inclined to accept the 6. same. As seen from the orders of the Learned Tribunal dated 18.12.2015, which is extracted above, it is evident that the name of the writ petitioner had already been approved by the District Selection Committee and he is figured at Serial No.279 of the integrated seniority list, which is pending with the Government for approval even as on the date of the disposal of the O.A. The order of the Learned Tribunal dated 18.12.2015 attained finality and nothing is placed on record to come to a different conclusion. In such circumstances, the averments made in the counter affidavit of the respondents to the effect that the writ petitioner is not eligible for providing employment under displaced persons quota in terms of G.O.Ms.No.98, dated 15.4.1986 cannot be appreciated and in fact, it amounts to overreaching the orders of the Learned Tribunal, which cannot be countenanced. The respondent Authorities are bound to implement the orders of the Learned Tribunal dated 18.12.2015. Be that as it may. 7. Admittedly, the authorities concerned had not passed any orders or taken further action in the matter. It is also not in dispute that the petitioner made a representation dated 02.5.2023. In view of the same, the respondent No.4 shall take appropriate action on the said 8. 4! 5 WP_12681 2023 representation, more particularly by taking into account the orders of the learned Administrative Tribunal dated 18.12.2015 positively, within a period of six (6) weeks from the date of receipt of a copy of this order. With the above observations and directions, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _ 9. achari assistant registrar //TRUE COPY// SECTIOjlOEOlCER To, 1. The Principal Secretary, Irrigation and CAD Department, State of AP, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. The Chief Engineer, NTR, TGP Circle, Srikalahasti, Chittoor district. 3. The District College-Cum Chairman Selection Committee, Rehabilitation of Displaced persons, Kadapa, YSR Kadapa District 4. The Superintendent Engineer, Somasila Project, Durgamitta, Nellore district. ^^"6ne CC to Sri. G V S Mehar Kumar Advocate [OPUC] 6. TwoCCsto GP for Services III, High Court of Andhra Pradesh [OUT] 7. Two CD Copies gsc HIGH COURT DATED;12/08/2025 ORDER WP NO. 12681 OF 2023 F 0»SEP28» %^ . Currem S2Lp£SPATC;!lff ' DISPOSING THE WP WITHOUT COSTS