APHC010922652017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■?- WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 39930 OF 2017 Between: Meesala Manmadha Rao,, S/o Rama Joginaidu, Aged about 39 years, Occ: Unemployee, R/o . Boragavalasa Village, Burja Mandal, Srikakulam District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Irrigation & CAD Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintending Engineer, Irrigation & CAD Department, B.R.R. Vamshadhara Project Circle, Srikakulam District. 3. District Collector, Srikakulam District at Srikakulam. ...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 CERTIORARI CALLING for the records connected to the order dated 13.09.2012 in O.A.No.10538 of 2009 from the file of Hon’ble Andhra Pradesh Administrative Tribunal, Hyderabad, examine the same and set aside after declaring the same as illegal, irregular, arbitrary, vitiated by consideration of material on record and non exercise of jurisdiction vested in it, and offends Articles 14 and 21 of Constitution of India and consequently allow the said application as prayed for. Counsel for the Petitioner: SRI HARINATH REDDY SOMAGUTTA Counsel for the Respondents: GP FOR SERVICES III The Court made the following order: non *!EBE*S0C« APHC010922652017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] !Si WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 39930/2017 Between: 1.MEESALA MANMADHA RAO,, S/0 RAMA JOGINAIDU, AGED ABOUT 39 YEARS, OCC: UNEMPLOYEE, R/0 . BORAGAVALASA VILLAGE, BURJA MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION & CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE SUPERINTENDING ENGINEER, IRRIGATION & CAD DEPARTMENT, B.R.R. VAMSHADHARA PROJECT CIRCLE, SRIKAKULAM DISTRICT. 3. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to lA NO: 1 OF 2017(WPMP 49512 OF 2017 2 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 to direct the respondents to consider the petitioner's case for appointment on any suitable post under displaced person quota in the existing vacancies by the suspending the operation of the impugned proceedings in Letter No.SE/SKLM/AB/E.2/E.71, dated 05.02.2009 issued by the 2nd respondent and also order dated 13.09.2012 in O.A.No.10538 of 2009 passed by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, pending disposal of the main Writ Petition and to pass lA NO: 2 OF 2017fWPMP 49513 OF 2017 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 to dispense with filing of original or certified copy of Order dt. 13.09.2012 in OA No. 10538 of 2009 passed by 1st respondent and to receive the Writ Petition on file in the interest of justice and pass lA NO: 1 OF 2025 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 pleased to consider the affidavit filed the petitioner are consider the Additional documents filed as part and parcel of the said W.P and to pass Counsel for the Petitioner: 1.HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1.GP FOR SERVICES III 2.GPFORIRRI ANDCAD (AP) 3 The Court made the following Order: (Per Hon’ble Sri Justice B. Krishna Mohan) The respondents filed counter affidavit. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. This writ petition was filed questioning the order in O.A.No. 10538 of 2009 on the file of erstwhile Andhra Pradesh Administrative Tribunal dated 13.09.2012 dismissing the said O.A. for grant of relief under G.O.Ms.No.98 dated 15.04.1986 to consider the case of the applicant therein to appoint him in any existing vacancy or future vacancy under displaced persons quota. There is no dispute with regard to the passing of the award No. 14/04- 4. 05 dated 30.08.2004 and the father of the applicant therein Mr. M.Rama Joginaidu was the original awardee of the displaced person under the said award by receiving the compensation of Rs.79,096/-. It is also not disputed that he is a retired government employee receiving the pension. While so the petitioner herein/ applicant therein approached the authorities concerned seeking appointment in the then existing vacancy or future vacancy under displaced persons quota as per G.O.Ms.No.98 dated 15.04.1986, but the authorities rejected the said request of the petitioner herein/ applicant therein vide letter dated 05.02.2009 which was assailed in the above said O.A. before the erstwhile Tribunal. The Tribunal considering the matter on merits dismissed the said O.A. observing that the father of the applicant worked as Government Teacher and retired from service and he is receiving pension. Treating him as the earning member in the family, the claim of the petitioner herein/ applicant therein was rejected. Aggrieved by the same, this writ petition was filed. 5. Now that the learned counsel for the petitioner submits that the sole basis for the dismissal of the O.A. is that the petitioner herein/ applicant therein could not furnish the no earning member certificate’ before the authorities as required under G.O.Ms.No.98 dated 15.04.1986. For the purpose of obtaining the said certificate, during the pendency of this writ petition, he filed another writ petition seeking issuance of the no earning member certificate in W.P.No. 10329 of 2022 which was disposed of by the learned Single Judge of this court vide order dated 29.06.2022 granting the relief to issue no earning member certificate to the applicant therein/ petitioner herein. Accordingly, he obtained the no earning member certificate from the Tahasildar, Burja Mandal dated 08.06.2023. But there is no occasion for the respondents to consider the same as the order of the erstwhile Tribunal is coming in the way. 6. On the other hand, the learned Assistant Government appearing for the respondents submits that the petitioner herein is not entitled for any appointment under displaced G.O.Ms.No.98 dated 15.04.1986. Pleader persons quota as per 5 7. In view of the above said facts and circumstances, upon consideration of the rival submissions made and upon perusal of the record, the respondent authorities concerned are directed to consider the representation of the petitioner afresh to be made by him enclosing all the documents including the no earning member certificate dated 08.06.2023 necessary which is to be submitted within a period of two (2) weeks from the date of receipt of this order. On receipt of the said representation along with the necessary enclosures, the respondent authorities concerned shall consider and dispose of the same strictly in accordance with law as expeditiously as possible on its own merits without reference to the order of the erstwhile Tribunal in O.A. No.10538 of 2009 dated 13.09.2012 and appropriate order shall be passed considering the above said G.O. dealing with the displaced persons employees within a period of eight (8) weeks thereafter. 8. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. Sd/.M.SU|YANADHA REDDY T^ecti //TRUE COPY// ^FICER To, Government, Irrigation & CAD Department, state of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 1. The Principal Secretary to & CAD Department, B.R.R. 2. The Superintending Engineer, Irrigation Vamshadhara Project Circle, Srikakulam District 3. District Collector, Srikakulam District at Srikakulam Harinath Reddy Somagutta, Advocate [OPUC] 4. One CC to Sri 5, Two CCS to GP for Services - ill. High Court of Andhra Pradesh [OUT] 6. Two CD Copies RAM HIGH COURT DATED: 16/07/2025 ORDER WP NO. 39930 OF 2017 0 2 AUG 2025 irentSectionx^' o Co DISPOSING OF THE WP WITHOUT COSTS