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2026 DAILYLAW 930 (AP)

DASARI PULLAIAH v. THE STATE OF ANDHRA PRADESH

WP/10328/2026 · 2026-04-19

D Ramesh

body2026

Judgment text

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APHC010204142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10328/2026 Between: 1. DASARI PULLAIAH, S/O. KRISHNAIAH, AGED ABOUT 50 YEARS, OCC UNEMPLOYEE, RIO. TATIPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 2. SUREPALLI PAVANI,, D/O. TIRUPALAIAH, AGED ABOUT 34 YEARS, OCC UNEMPLOYEE, R/O. GIDDANGIVARI STREET, KALUVOYA VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. 3. SK.MOULALI,, S/O. DASTAGIRI SAHEB, AGED ABOUT 48 YEARS, OCC UNEMPLOYEE, R/O. ADURUPALLI VILLAGE, CHEJARLA MANDAL, SPSR NELLORE DISTRICT. 4. KAMBALA CHENCHUPRASAD,, S/O. CHENCHU NARASAIAH, AGED ABOUT 45 YEARS, OCC UNEMPLOYEE, R/O. SRAMIKA NAGAR, NELLORE RURAL, SPSR NELLORE DISTRICT. 5. MODIBOINA PENCHALA PRASAD,, S/O. RATHNAIAH, AGED ABOUT 38 YEARS, OCC UNEMPLOYEE, R/O. ANIKEPALLI VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 6. PANDRA PRASAD,, S/O. NARASAIAH, AGED ABOUT 34 YEARS, OCC UNEMPLOYEE, RIO. TANAMCHERLA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 7. DEEPANGI NARASIMULU,, S/O. CHINNAIAH, AGED ABOUT 43 YEARS, OCC UNEMPLOYEE, R/O. GARIMENAPENTA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 2 8. NIPPATLAPALI GOWRAIAH,, S/O. VENKATAIAH, AGED ABOUT 43 YEARS, OCC UNEMPLOYEE, R/O. KOTHAKAMBALAPALLI VILLAGE, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. 9. KONDA VAMSI,, S/O. PRAKASH RAO, AGED ABOUT 30 YEARS, OCC UNEMPLOYEE, OBULAYAPALLI VILLAGE, SPSR NELLORE DISTRICT. 10. KONDA MURALI KRISHNA,, S/O. PITCHAIAH, AGED ABOUT 30 YEARS, OCC UNEMPLOYEE, R/O. OBULAYAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 11. CHANDALURU MASTANAIAH,, S/O. CHINNAIAH, AGED ABOUT 50 YEARS, OCC UNEMPLOYEE, R/OP. D.NO.25-13-1162, UMMAREDDYGUNTA, NELLORE RURAL, SPSR NELLORE DISTRICT. 12. REGUNTA SUBRAMANYAM,, S/O. SUBBAIAH, AGED ABOUT 47 YEARS, OCC UNEMPLOYEE, RIO. NETAJI NAGAR, BAJA BUJA NELLORE, NELLORE RURAL, SPSR NELLORE DISTRICT. 13. BANDI VENKATA RAMANAIAH,, S/O. PENCHALAIAH, AGED ABOUT 35 YEARS, OCC UNEMPLOYEE, R/O. KOTHAKAMBALAPALLI, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. 14. PANDRA ANIL KUMAR,, S/O. PENCHALAIAH, AGED ABOUT 30 YEARS, OCC UNEMPLOYEE, TANAMCHERLA VILLAGE, RPURA MANDAL, SPSR NELLORE DISTRICT. 15. THANNERRU PRAVEEN KUMAR,, S/O. SUBBANNA, AGED ABOUT 43 YEARS, OCC UNEMPLOYEE, R/O.D.NO.2-3-69/2, GANDLA STREET, STONEHOUSEPET, NELLORE, SPSR NELLORE DISTRICT. 16. BANDI MAHESH,, S/O. PENCHALAIAH, AGED ABOUT 34 YEARS, OCC UNEMPLOYEE, RIO. MITTAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTR 17. UPPU BHASKAR,, S/O. RAMANAIAH, AGED ABOUT 41 YEARS, OCC UNEMPLOYYE, MADAMANURU VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 18. NALLAVADLA SRINATH REDDY,, S/O. GOPAL REDDY, AGED ABOUT 31 YEARS, OCC UNEMPLOYEE, RIO. KOTHAPETA, RAPUR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. 19. KONDA SAI ASHOK,, S/O. SOMAIAH, AGED ABOUT 29 3 YEARS, OCC UNEMPLOYEE, RIO. OBULAYAPALLI VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT. 20. REGUNTA SURESH,, S/O. NAGABHUSANAM, AGED ABOUT 25 YEARS, OCC UNEMPLOYEE, R/O. VENKATESWARA NAGAR, PODALAKUR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. 21. PALLA VENKATESH, @ VENKATESWARLU, S/O. SUNDARAIAH, AGED ABOUT 34 YEARS, OCC UNEMPLOYE, R/O. KOTHAKAMBALAPALLI VILLAGE, PODALAKUR MANDAL, SPSR NELLORE DISTRICT. 22. SK. PARVEEN,, W/O. HUSSAIN SAHEB, AGED ABOUT 35 YEARS, OCC UNEMPLOYEE, R/O. KOTURUPALLI VILLAGE, KALUVAI MANDAL, SPSR NELLORE DISTRICT. 23. BANDI PENCHALA REDDY,, S/O. SANKAR REDDY, AGED ABOUT 43 YEARS, OCC UNEMPLOYEE, RIO. KAPU STREET, RAPUR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (RIB) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-_522 238. 3. THE DISTRICT COLLECTORCUMCHAIRMAN, DISTRICT SELECTION COMMITTEE, SPSR NELLORE DISTRICT - 524 001. 4. THE CHIEF ENGINEER, TELUGU GANGA OFFICE, ALIPIRI BYPASS ROAD, SRINIVASA NAGAR, TIRUPATHI-517507. 5. THE SUPERINTENDING ENGINEER, SSLC AND SB CIRCLE, MG MALL, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT - 524 001. ...RESPONDENT(S): 4 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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 5 in not including the names of the petitioners in the seniority list of 106 candidates, who seeks employment under displaced persons quota of Kandaleru Reservoir vide Memo No. 641 /R and R-A2/2012-2, dated 26.12.2014 of the 1st respondent, as per eligibility in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986 as illegal, unjust, arbitrary, contrary to Articles 14 and 16 of the Constitution of India and consequently direct the respondents authorities to include the names of the petitioners in the seniority list under displaced persons quota of Kandaleru Reservoir and appoint in any suitable post and to 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 may be pleased to direct the respondents to consider the case of the petitioners for inclusion of the names of the petitioners in the seniority list under displaced persons quota of Kandaleru Reservoir, in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986 of the 2nd respondent, to appoint in any suitable post in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. YADAV KUMAR NALLAVADLA Counsel for the Respondent(S): 1. GP FOR SERVICES II 5 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10328 of 2026 The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India for 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 2 to 5 in not including the names of the petitioners in the seniority list of 106 candidates, who seeks employment under displaced persons quota of Kandaleru Reservoir vide Memo No. 641 /R and R-A2/2012-2, dated 26.12.2014 of the 1st respondent, as per eligibility in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986 as illegal, unjust, arbitrary, contrary to Articles 14 and 16 of the Constitution of India and consequently direct the respondents authorities to include the names of the petitioners in the seniority list under displaced persons quota of Kandaleru Reservoir and appoint in any suitable post and to pass such …..” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for respondents. 3. The present writ petition is filed seeking to declare the action of respondents 2 to 5 in not including the names of the petitioners in the seniority list of 106 candidates who seek employment under the Displaced Persons quota of the Kandaleru Reservoir Project, pursuant to Memo No.641/R and R-A2/2012-2 dated 26.12.2014 issued by the 1st respondent, despite their 6 eligibility in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986, as illegal, unjust, and arbitrary. 4. 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 7 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 8 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. Interlocutory applications, if any, pending shall stand closed. __________________ JUSTICE D RAMESH Date: 20.04.2026 PSA