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APHC010052252026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4186/2026 Between:
1. MADAMALA UMA MAHESWARA REDDY, S/O PENCHALA SWAMY, AGED ABOUT 23 YEARS, OCC UNEMPLOYEE, R/O PENUBARTHI (VIL), RAPUR MANDAL, S.P.S.R.NELLORE DISTRICT-524313
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETAIY, WATER RESOURCES DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE-522239. 2. THE DISTRICT COLLECTOR, NELLORE, S.P.S.R.NELLORE DISTRICT-524001. 3. THE CHIEF ENGINEER, TELUGU GANGA PROJECT, TIRUPATHI, TIRUPATHI DISTRICT-517501 4. 4. THE SUPERINTENDING ENGINEER, S.S.L.C. S.B. CIRCLE, IRRIGATION DEPARTMENT, NELLORE, S.P.S.R.NELLORE DISTRICT-524003
...RESPONDENT(S):
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“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 providing employment to the petitioner under displaced persons quota in any suitable post in accordance with G.O.Ms.No.98, Irrigation (Project Wing), Department, dated 15.04.1986 is arbitrary, illegal, without Jurisdiction, in violation of G.O.Ms.No.98, Irrigation (Project Wing), Department, dated 15.04.1986 and consequently direct the Respondents to appoint the petitioner in any suitable post as per the above said G.O. and pass….”
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the action of the respondents in not providing employment to the petitioner under the displaced persons quota in any suitable post, in accordance with G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, is arbitrary, illegal and in violation of the said Government Order. 4. The learned counsel for the petitioners submits that in similar facts and circumstances, this Court has already granted relief in W.P. No.33135 of 2023 by order dated 23.01.2025, and therefore the petitioners are also entitled to the same relief. 5.
The petitioners further brought to the notice of this Court that under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, the condition of one-year limitation prescribed therein cannot be insisted upon, in view of Government Memo No.480-LAR (2)/87-2, dated 24.08.1987, the orders of the A.P. Administrative Tribunal in O.A.No.7917 of 2003 dated 16.07.2007, the judgment of the Hon’ble High Court in W.P.No.2436 of 2011 dated 08.02.2011 which was confirmed by the Hon’ble Supreme Court in SLP No.14305 of 2011 by order dated 04.07.2011, and also the common judgment of this Court in W.P.(AT) No.174 of 2021 and batch dated 13.12.2022. 6. In fact, the learned counsel for the petitioners also brought to the notice of this Court the observations in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the cases of the petitioners under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, was challenged, were allowed, and the appeals preferred therein were disposed of with the following observation:
“In this Connection it is respectfully submitted that recently this Court rendered an elaborate Judgment on the subject matter in W.P.(AT) No.174 of 2021 and batch, dated 13.12.2022 by considering all the earlier Judgments passed by APAT and the D.B. of this Hon’ble High Court in W.P.No. 2436 of 2011 which was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) No.14305 of 2011, dated 04.07.2011, directing the Respondents to provide employment to the Petitioners
therein by adopting the procedure prescribed in G.O.Ms.No.98, dated 15.04.1986 and also in respect of other candidates, who now remain out of employment. I am also similarly situated and identically placed to the petitioners therein and entitled for appointment in terms of G.O.Ms.No.98. Hence, this Writ Petition.”
7. On perusal of the directions of the Division Bench of this Hon’ble High Court in W.P.No.2436 of 2011, this Writ Petition is disposed of, directing the respondents to consider the case of the petitioners for appointment as per G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 and to pass appropriate orders. The said exercise may be completed within a period of three (03) months from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ___________________________ JUSTICE D RAMESH 09.03.2026 klk
127 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 4186/2026
09.03.2026 klk