V Chinna Pullaiah vs The Superintending Engineer
2022 Latest Caselaw 9776 AP

       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.

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

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

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

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

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

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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