ORDER :

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to declare the G.O.Ms.No.261 Municipal Administration and Urban development (Vig II-2) Department, dated 28.11.2015 issued by the 1st respondent in so far as decision to recover an amount of Rs.28,23,005/- from the terminal benefits of the Applicants husband as illegal, arbitrary, high handed, discriminatory against to the principles of the natural justice and contrary to the procedure established by law apart from being violative of Articles 14, 16 and 21 of the Constitution and set aside of the same and consequentially direct the respondents to release pension and pensionary benefits of Sri V. Srinivasa Rao to the applicant forthwith in the interest of justice and pass such other order or orders…….”

2. Brief facts of the case are that the petitioner’s father late Sri Massom Saheb is the resident of Dachuru village and this village and neighboring villages were submerged under Kandaleru Reservoir Project. The Government-1st respondent has issued G.O.Ms.No.98 dated 15.04.1986 in which the Government formulated a scheme by providing 50% of vacancies of category equivalent to Junior Assistants/Typists and others below arising in major and medium irrigation and power projects shall be filled up by the displaced families or their dependants of a respective project duly following the reservations of various categories like SC/ST/BC/Ex-serviceman/P.Hs/Sportsmen etc. It is further stated that the petitioner’s father died on 10.02.2010 leaving behind him and 6 of his family members. The 4th respondent had issued proof of award vide Special RGC No.118/2015 dated 05.10.2015 in which it was stated that as per the Award an amount of Rs.63,434/- towards compensation paid towards structures vide Cheque No.1257802 dated 02.03.1994. As per the Award No.12/1993/94 dated 02.03.1994, the petitioner’s father name was shown as the awardee resident of Dachuru Village, lost the structures in TGP No.562, 562-A, 563, 564. The 5th respondent had issued displacement certificate in L.Dis.(A) No.914/2015 dated 06.10.2015 certifying that he has shifted his residence from Dachuru village to Autonagar Works colony, Padarrupali, Nellore since his house was submerged under Kandaleru Reservoir in Dachuru village. Therefore, as per the evidence given by 4th and 5th respondents, the petitioner is the displaced person since his house was submerged under Kandaleru Reservoir Project at Dachuru village and entitled for appointment in the suitable post under 50% quota earmarked to the displaced persons. Hence, not enrolling the petitioner’s name in the seniority list which enclosed along with Government Memo dated 26.12.2014 is nothing but illegal and arbitrary. Therefore, the present writ petition has been filed.

3. Counter affidavit has been filed by the 3rd respondent denying all the allegations made in the petition and contended that the petitioner belongs to Dachuru village and the said village is covered in the approved 1st list of 168 candidates only and the Dachur village is not covered in the 2nd approved seniority list of 106 candidates. Since the petitioner has submitted his representation on 13.10.2015 i.e., after approval of the two seniority lists by the government, the name of the petitioner cannot be included in the 2nd seniority list.

It is further stated that the Selection Committee constituted for provision of employment comprising (1) District Collector, Nellore (chairman) (2) Joint Collector, Nellore (3) Superintending Engineer, SSLC&SB Circle, Nellore, during the meeting held on 10.02.2016 has taken the following decisions :

(i) Pending applications received from the displaced persons after one year from the date of displacement of the village and whose date of displacement of the villages/date of impounding of water not yet arrived cannot be considered and ought to be rejected;

(ii) In respect of the village whose date of displacement/date of impo