APHC010228202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12658/2026 Between: 1. PONNA NARAYANA, S/O. P.RAMANAIAH AGED 49 YEARS, R/O ULAVADIBBA, ATMAKUR, SPSR NELLORE DISTRICT. 2. KANALA SUBBARAYUDU,, S/O. YERUKALAIAH, AGED 46 YEARS, R/O SIRIVARAM, KADAPA DISTRICT 3. V.MYDHILI,, D/O. CHINNRAMAIAH@ CHINNA RAMI REDDY, AGED 38 YEARS, R/O REKALAKUNTA(V), GOPAVARAM(M), KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY WATER RESOURCES(R AND R) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 3. THE DISTRICT COLLECTOR, YST DISTRICT-516001 4. THE CHIEF ENGINEER, NTRTELUGU GANGA PROJECT TIRUPATHI, CHITTOOR DISTRICT-517502 5. THE SUPERINTENDING ENGINEER, SOMASILA PROJECT CIRCLE DARGAMITTA, SPSR NELLORE DISTRICT-524001. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned action of the respondents in not providing employment to the petitioners, inspite of complying the eligibility conditions as per G.O.Ms.No.98 Irrigation Department, dt 15.04.1986 and inspite of petitioners being placed in the list of eligible candidates prepared by the respondents, in terms of orders made in W.P.No.42188 of 2018, as highly illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India, consequently direct the respondents to provide employment to the petitioners, on the basis of inclusion of petitioners in the list of eligibility candidates list prepared in terms of order made in earlier W.P.No.42188 of 2018, dt 07.07.2022, with all consequential benefits, in the interest of Justice and pass IA NO: 1 OF 2026 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 direct the respondents to consider the petitioners for employment on par with all other similarly placed persons for providing employment on the basis of inclusion of petitioners in the list of eligibility candidates list prepared in terms of order made in earlier \X/,P.No.42188 of 2018, dt 07.07.2022, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following ORDER: 1. The present writ petition is filed seeking to declare the action of Respondent Nos.2 to 5 in not including the names of the petitioners in the seniority list of 1656 candidates who seek employment under the displaced persons quota of the Somasila Project, vide Memo No.480-LAR (2)87/2 dated 24.08.1987 issued by Respondent No.1, despite their eligibility in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986, as illegal and arbitrary. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. 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. 4 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. 5. 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.” 6. 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 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 05.05.2026 KLK 169 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12658/2026 05.05.2026 KLK