HONOURABLE SRI JUSTICE T. AMARNATH GOUD
WRIT PETITION No.19022 OF 2021
ORDER (ORAL):
This writ petition is filed with the following prayer:
"... ... to issue a Writ or Order, more particularly Writ or Order, more particularly Writ of Mandamus declaring that the petitioner is entitled to for appointment to any one of the of Junior Assistant/ Junior Assistant/Office Subordinate/Lascars etc., or any other equivalent category of posts to the extent of 50% of vacancies earmarked as per G.O.Ms.No.98 dt.15.04.1986 and also under Physically handicapped quota meant for displaced persons quota in any one of the existing vacancies if necessary by creating supernumerary posts under Sri Ramsagar project and Lower Manair Dam by including his name in the displaced persons list from time to time as per the conditions and norms mentioned in various viz., G.Os.,34, dt.20.02.2009, G.O.Ms.No.45 dt.04.07.2012 R/w G.O.Ms.No.68 dt.17-05-2014 and G.O.Ms.No.45 I&CAD dt.28-12-2020 including the orders of the Hon'ble Tribunal in O.A.No.8208/2003 and batch dt.06.05.2004 and O.A.No.7917/2003 and as per judgment High Court in W.P.No.2346/2011 dt.08-02-2011 Apex Court judgment in S.L.P.No.14305/2011 dt.04-07-2011 as the Awards are prior to issuance of G.O.Ms.No.98 dt.15-04-1986 and also judgment in W.P.No.4164 of 2019 and batch dt.01-07-2021 and consequently hold the 2 action of the respondents in denying employment to him under the scheme on one reason or the other including technical reasons that application has not made within time even such grounds are examined and considered in the above said judgments of this Hon'ble Court and Apex Court despite of availability of existing vacancies vide Proc No.E5/GVC.4/Applications/Vol.XV/M/570 dt.11-09-2019 issued by the 1st respondent despite filing representations, and filing O.As., is illegal, arbitrary, discriminatory, unjust and contrary to the dicta laid down by the Hon'ble Courts and violation of Articles 14 and 21 of the Constitution of India ... ..."
2. Heard both sides and perused the material on record.
3. A perusal of the material on record shows that the only point that arises for consideration is to direct the respondents to consider the case of the petitioners.
4. Therefore, this Court is of the view that the petitioners are at liberty to file a representation before the respondents along with the material evidence, if any, in support of their claim within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such representation from the petitioners, the respondents shall consider the same in accordance with law and pass appropriate orders on merits as expeditiously as possible. 3
5. With the above directions, without going into the merits of the case, the writ petition is disposed of, at the stage of admission itself. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_______________________ T. AMARNATH GOUD, J August 13, 2021.
PV