HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.695 of 2021
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief:-
"...to declare that the applicant is entitled for appointment in terms of G.O.Ms.No.98, dated 15.4.1986 as Office Subordinate or Lascar in any suitable post as per his qualification by extending the benefit of Judgment in W.P.No.2346/2011 Rlw SLP.No. 14305/2011 with all consequential irrespective of date of application being awardee of prior to issuance of G.O.Ms.No.98 R/w G.O. Ms.No.No.5, dated 20.12.2011 and G.O.Ms.No.45, dated 4.7.2012 RIw G.O.Ms.No.68, dated 1.5.2014 by holding the action of the respondents in denying his claim while considering other similarly placed persons for appointment even though the award granted prior to issuance of G.O.Ms.No.98, dated 15.4.1986 and not including his name in the 952 candidates list though he is eligible which is illegal, arbitrary, discriminatory and violation of Articles 14, 16 and 21 of the Constitution of India and pass such other order or orders......."
2. Brief facts of the case are that the 2nd petitioner is the son of the 1st petitioner. They are native of Pagidyal village and mandal in Kurnool District. It is stated that the respondents have acquired lands/houses/structures for construction of Srisailam Project, from the 1st petitioner. 2 Accordingly Awards have been issued in favour of the 1st petitioner vie Award No.2/80 dated 01.02.1980 and 54/78 dated 10.11.1978 respectively and paid meager amounts by the concerned authorities. It is further stated that the Government formulated a scheme for providing appointment under Rehabilitation to that of whose lands/houses have acquired for construction of Major Irrigation Projects vide G.O.Ms.No.98 dated 15.4.1986. In the said G.O. the Government specified that 50% of vacancies of all categories in Major and Medium Irrigation and Power Projects shall be filled up by the displaced families or their dependents of their respective Projects duly following the rule of reservation for various categories like SC/ST/BC/Ex- serviceman/P.Hs/Sportsmen etc. The respondents have prepared eligibility list of displaced persons, wherein the 1st petitioner name was included at Sl.No.859. though the list has been prepared no appointment order has been given to the 1st petitioner.
It is further stated that the 1st petitioner who is father of the 2nd petitioner became over aged i.e., 61 years of age, therefore being next dependent, made a request to the 3 respondents to incorporate his name in the position of his father's name and to consider his case for appointment to any suitable post. However the respondents have not taken any decision so far. Hence, the present writ petition.
3. Counter affidavit has been filed by the respondents denying all the allegations made in the petition and contended that as per the compensation certificate issued by Special Deputy Collector, LA & Reg. SSP, Kurnool, the house in the name of the 1st petitioner was acquired prior to the issuance of the G.O.ms.No.98, dated 15.04.1986 for construction of Srisailam Project and passed Award No.50/79, dated 15.03.1979 and also paid compensation amount. The date of displacement of the families in this Project is in the year 1981. In view of Government Memo dated 24.08.1987, the Selection Committee for displaced persons of Srisailam Project, Kurnool District, constituted under G.O.Ms.No.266 dated 19.09.1994 has fixed the cut- off date as 27.01.2000, for receipt of applications. The 1st petitioner has submitted his application within the stipulated time and hence his name was included at Sl.No.689 in the seniority list. His turn for appointment 4 under displacement persons quota has not yet come, as per seniority, qualification and roster point.
4. Heard Sri M. Ramagopal Rao, learned counsel appearing for the petitioners and learned Government Pleader for Services-III appearing for the respondents.
5. During hearing, learned counsel for the petitioners submits that though the 2nd petitioner being next dependant of the 1st petitioner and made a representation to consider the case of the 2nd petitioner for appointment under displaced persons quota, the respondents have not taken any action so far, which is highly illegal and arbitrary. He further submits that the present rule is not permitted to appoint the 1st petitioner, who is aged about 61 years, in any suitable post and there is no lapse on the part of the 1 st petitioner and denial of the same is attributable to the respondents for the reasons best known to them. Therefore the claim of the 2nd petitioner has to be considered and it is just and proper and deserves to be considered.
6. He further submits that similarly situated person Sri Yarram Pullareddy, whose name was included in the list 5 at Sl.No.681, had made a request to consider the claim of his daughter in his place. But his claim is denied. Therefore, he approached the AP. Administrative Tribunal at Hyderabad by way of filing O.A.No.9077 of 2012 and the Tribunal had directed the respondents to consider the claim of the daughter of the applicant therein, however, the respondents failed to comply with the order. Aggrieved by the same, the said Pullareddy has preferred C.A No.264 of 2014 in O.A No.9077 of 2012. Subsequently, the respondents have complied with the orders and gave appointment to the daughter of the said Pullareddy vide proc.No.SE/DMC/EB/EC-2/M/37-2 dated 30.12.2014 and she joined duty on 22.10.2015. As the 2nd petitioner also similarly situated person, the respondents did not consider his case which is illegal and unjust.
7. On the other hand, learned Government Pleader appearing for the respondents while denying the contents made in the petition, submits that one Y. Pulla Reddy and another have filed OA No.9077/2012 before the A.P. Administrative Tribunal and obtained compensation certificate in the year 2011 and represented for inclusion of 6 his daughter's name Kum Y.Geetharani in his place and provide job. The proposal for inclusion of 2nd applicant's name along with others, in the seniority list was submitted to the Government and the same was approved vide Govt. Memo No.17277/R&R/A2/2014-1 dated 23.12.2014. He mainly submits that in the present case the 1st petitioner i.e., the father of the 2nd petitioner has obtained compensation certificate on 2.8.2014 and then submitted representation for inclusion of his son in place of 1st petitioner in the seniority list. The Government have permitted the Chief Engineer (Projects), Water Resources Department, Kurnool and the District Collector, Kurnool to include the names of the nominees in place of applicants and provide employment as per rules in vogue, vide Memo No.2886/R&R-A2/2015-2 dated 28.07.2016.
8. He submits that, in view of the above, the Chairman & District Collector, Kurnool in its minutes dated 28.7.2017 passed resolution and approved the names of the nominees for inclusion in place of applicants. Hence the name of the 2nd petitioner will be included in the integrated seniority list at appropriate place in place of the 1st 7 petitioner and provided employment subject to vacancy position, roster point, as and when his turn comes.
9. Having regard to the facts and circumstances of the case and on considering the submissions of both the counsels, this Court is of the considered view that, directing the respondents to consider the case of the 2nd petitioner as per the procedure prescribed by G.O.Ms.No.98 dated 15.04.1986 for appointment by incorporating his name in the place of the 1st petitioner, in any suitable post, as per his eligibility and as per roster, in accordance with rules. Further, it is directed that the Government shall take action as per the seniority so fixed as per G.O.Ms.No.98, dated 15.04.1986.
10. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 21 -12-2022
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HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.695 of 2021
Date : 21.12.2022
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