Andhra Pradesh High Court - Amravati
Thupakula Venkata Subbaiah vs The State Of Ap on 21 December, 2022
1
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION (A.T) No.593 of 2021
ORDER:
This Writ Petition is filed, seeking the following relief:
".....to issue a Writ, Order or direction to direct the respondents to
consider the application of the petitioners for appointment under
displaced persons quota without reference to the date of application
and the limitation as per Memo No. 480-LAR(2) 87/2, dated
24.08.1987 and consider the application of the petitioners as per
Judgment of learned Tribunal in O.A.No.7917 of 2003, dated
16.07.2007 and appoint them in any suitable post as per
G.O.Ms.No.98, Irrigation (PW) Department, dated 15.04.1986 and
pass such other orders."
2. Heard Mr.Nagaraju Naguru, learned counsel for the
petitioners and learned Government Pleader, Services-III for the
respondents.
3. The brief facts of the case are that the petitioners lands
were submerged in the year 1977 under Srisailam Project and paid
compensation as per Awards respectively for construction of SPVB
Reservoir Telugu Ganga Project and the petitioners submitted their
applications to the 2nd respondent requesting to provide
employment under displaced quota as per G.O.Ms.No.98, dated
15.04.1986. The Government taken a decision to relax the
condition of applying for appointment within one year from the
date of displacement in respect of families who were displaced
prior to issue of G.O.Ms.No.98, 15.04.1986, but the 2nd
respondent without considering the Memo rejected the application
of the petitioners on the ground that the petitioners could not
submit their applications within time i.e last date 20.07.2009,
though some of the applications were considered, which is illegal
and arbitrary. The petitioners made representations to the
respondents for inclusion of their names in the existing seniority
list on par with other 71 Nos. of displaced persons names were
considered on humanitarian grounds, but the 2nd respondent
rejected the applications of the petitioners is highly illegal and
arbitrary. Hence inaction of the respondents is questioned in this
writ petition.
4. Per contra, the respondents filed counter-affidavit denying
all material averments made in the affidavit and mainly contended
that the petitioners submitted their applications to the 3rd
respondent seeking employment in terms of G.O.Ms.No.98, dated
15.04.1986 and the last date of submission of application is under
displaced quota for employment was decided as 18.09.2006. As
per G.O.Ms.No.98, dated 15.04.1986 the applications shall be
submitted within a period of one year from the date of actual
displacement of the family. The District Selection Committee,
Kadapa decided and fixed the date as 18.09.2006 for receiving the
applications from the displaced persons under SPVBR of TGP for
inclusion of their names in the Seniority List for providing
employment. The Government also issued clarification vide Memo
dated 14.05.2010 and 20.06.2014 stating that the applications
received after cutoff date as notified will be rejected. The
petitioners have submitted their applications in the year 2009,
after a lapse of 2 years and 10 months in terms of G.O.Ms.No.98,
dated 15.04.1986. Therefore the application of the petitioners
cannot be considered as the same are received after cutoff date i.e
on 18.09.2006. Hence, requested to dismiss the writ petition.
5. During hearing learned counsel for the petitioners
reiterated the contents urged in the writ affidavit and placed
reliance on record the order of the leaned Tribunal in O.A.No. 7917
of 2003, dated 16.07.2007 wherein learned Tribunal rightly
observed the limitation aspect in G.O.Ms.No.98, dated 15.04.1986
and also clarification memo dated 24.08.1987 and finds that the
Memo does not say one year from the date of clarification.
Therefore it leads to inference that no limitation is applicable to
the displaced persons prior to the issue of G.O.Ms.No.98 for
applying for appointment for a post under G.O.Ms.No.98, dated
15.04.1986 and the learned Tribunal allowed the O.A by setting
aside the order of the respondent and directed the respondents to
consider the case of the petitioner therein for appointment in
terms of G.O.Ms.No.98 irrespective of date of his application or
irrespective of limitation prescribed therein.
6. Whereas learned Government Pleader for the respondents
in support of his contentions, placed on record the orders of the
learned Tribunal in O.A.No. 2080 of 2013, dated 29.10.2014,
which is squarely applies to the facts of this case and opposed to
grant any relief in favour of the respondents. Hence, requested to
dismiss the writ petition.
7. It is evident from the averments made that the
compensation Awards passed in the year 1984 and 1987
respectively. Admittedly the petitioners have applied for the post
under the displaced persons quota only on 2008-09 and the cut of
date of is fixed on 18.09.2006. The respondents contended that
the petitioners submitted their application after elapse of 2 years
and 10 months. Therefore as per clarification given by the
Government, the applications of the petitioners cannot be
entertained and is liable to be rejected.
8. However this Court already decided the similar issue in
W.P.(AT) No.174 of 2021 and batch, dated 13.12.2022 with the
regard to G.O.Ms.No.98, dated 15.04.1986. Therefore following the
same, the respondents are directed to consider the case of the
petitioners for appointment under displaced persons quota by
fixing their seniority and appoint them in any suitable post in
terms of G.O.Ms.No.98, dated 15.04.1986, within a period of eight
(08) weeks from the date of receipt of a copy of this order.
9. With the above direction, the Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________________
DR.JUSTICE K. MANMADHA RAO
Date: 21.12.2022.
KK
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.593 of 2021
Date: 21.12.2022.
KK
