APHC010636322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33070/2023 Between: 1. M. VASANTH KUMAR,, S/O PENCHALA NARSASIAH, AGED ABOUT 42 YEARS, UNEMPLOYEE, R/O D.NO.W26/9/234, SUNNAPUBATTI STREET, NEAR MOSQUE, B.V.NAGAR, A.K.NAGAR POST, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE CHIEF ENGINEER, NTR TGP PROJECT, THIRUPATHI, BALAJI DISTRICT 3. THE SUPERINTENDING ENGINEER/MEMBER CONVENOR OF DSC, KHANDALERU (NTR TGP) PROJECT, SPSR NELLORE DISTRICT. 4. THE DISTRICT COLLECTOR/CHAIRMAN, OF DSC, KHANDALERU (NTR TGP) PROJECT, SPSR NELLORE DISTRICT. ...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 in the nature of Writ of Mandamus declaring the impugned action of the respondents in not considering the case of the petitioner for appointment in terms of G.O.Ms.No.98, Irrigation (Project Wing) Department, dt. 15-04- 1986 under PH category in any suitable post, while considering the cases of similarly placed persons under the guise of the impugned Office Order No. SE/SSLC and SBC/NLR/AB/Supdt/EC.3/364M, dated 16.03.2013 issued by the 3rd respondent and set aside the same as illegal, arbitrary, discriminatory, unjust and violation of Articles 14 and 21 of the Constitution of India and consequently declare that the petitioner is entitled to be appointed in any suitable post under PH category in accordance with G.O.Ms.No.98 Irrigation (Project Wing) Department, dt. 15-04-1986 with all consequential benefits being awardee of 1984 as per the Orders of APAT made in O.A.No.7917/2003, dated 16-07-2007 and the Judgments of the Hon'ble High Court in W.P.No.2436/2011, dated 8-2-2011 which was confirmed by the Honble Supreme Court in SLP No. 14305 of 2011 by Order, dated 4-7-2011 and to pass IA 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 Pleased to direct the respondents to forthwith act upon the CMO’s Office reference bearing No. 80810/CMO-G/2023 dt. 13-07-2023 for petitioner's appointment under G.O.Ms.No.98 Irrigation (Project Wing) Department, dt. 15-04-1986 pending disposal of the above writ petition and to pas Counsel for the Petitioner: 1. J NAGARAJA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III (AP) The Court made the following: ORDER: 1. This Writ Petition is filed to declare the action of the respondents in not considering the petitioner’s claim for appointment under the displaced person’s category in terms of G.O.Ms.No.98 dated 15.04.1986 in the vacancies earmarked for the dependents of the displaced families is illegal and arbitrary and consequently to declare that the petitioner is entitled to be appointed in any suitable post under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 without reference to the condition of one year limitation imposed in G.O.Ms.No.98 by taking into consideration the Government Memo No.480-LAR (2)/87-2, dated 24.08.1987 and the orders of A.P.A.T made in O.A.No.7917/2003, dt.16-07-2007 and Judgment of this Court in W.P.No.2436 of 2011, dated 08.02.2011 which was confirmed by the Hon’ble Supreme Court in SLP.No.14305/2011 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. 2. The petitioner’s contention is that the petitioner’s land was acquired by the respondents and an award was also passed on 07.10.1985 and compensation was paid. In fact, the petitioner has lodged a claim for consideration under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986. But, surprisingly, the respondents have not included the petitioner for consideration in the list, though several others were considered and appointments were also provided. The petitioner has made applications on several occasions disputing the action of the respondents in having considered some and not having considered the petitioner. 3. The petitioner has brought to the notice of this Court that under G.O.Ms.No.98, Irrigarion (Project Wing) Department, dated 15.04.1986, without reference to the condition of one year limitation imposed in G.O.Ms.No.98 by taking into consideration the Government Memo No.480- LAR (2)/87-2, dated 24.08.1987 and the orders of A.P.A.T made in O.A.No.7917/2003, dt.16-07-2007 and Judgment of 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.14305/2011 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. 4. In fact, the learned counsel for the petitioner 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.” 5. 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 petitioner for appointment as per G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, by considering the representations made by the petitioner, more specifically dated 04.07.2011 and 02.11.2015, 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 23.01.2026 RMD THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33070/2023 23.01.2026 RMD