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2022 Supreme(AP) 1209

ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
K. Ravi Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition (A.T) No. 309 of 2021
Decided On : 23-12-2022

Advocates appeared:
N Nagavani Prasuna, Advocate

The main legal point established in the judgment is the requirement for the petitioner to furnish required details and representation to the respondents within a specified timeframe, in accordance with the relevant legal provisions and court precedents.

Headnote:

Writ Petition - Displaced Persons Quota - The court directed the petitioner to furnish required details and representation to the respondents within three weeks from the date of receipt of the order, and the respondents were directed to dispose of the same in accordance with G.O.Ms.No.98, dated 15.04.1986 and the Division Bench of erstwhile High Court of Andhra Pradesh in W.P.No. 2436 of 2011, dated 08.02.2011.

Fact of the Case:

The petitioner filed a Writ Petition seeking a declaration that the action of the respondents in not considering the case of the petitioner for any suitable appointment under displaced persons quota/ their dependents as being illegal, arbitrary, discriminatory, and violative of principles of natural justice.

Finding of the Court:

The court directed the petitioner to furnish required details and representation to the respondents within three weeks from the date of receipt of the order, and the respondents were directed to dispose of the same in accordance with G.O.Ms.No.98, dated 15.04.1986 and the Division Bench of erstwhile High Court of Andhra Pradesh in W.P.No. 2436 of 2011, dated 08.02.2011. The Writ Petition was disposed of with no costs.

Issues: The main issue was the consideration of the petitioner for any suitable appointment under displaced persons quota/ their dependents and the alleged illegal, arbitrary, and discriminatory actions of the respondents.

Ratio Decidendi: The court's decision was based on the petitioner's readiness to furnish all required details to the respondents and the agreement of the Government Pleader for Services-III for the respondents to dispose of the representation if submitted by the petitioner to the respondent authorities.

Final Decision: The Writ Petition was disposed of, directing the petitioner to furnish required details along with representation to the respondents within three weeks from the date of receipt of the order, and the respondents were directed to dispose of the same in accordance with G.O.Ms.No.98, dated 15.04.1986 and the Division Bench of erstwhile High Court of Andhra Pradesh in W.P.No. 2436 of 2011, dated 08.02.2011. No costs were awarded.

JUDGMENT

Dr. K. Manmadha Rao, J. - This Writ Petition is filed, seeking the following relief:

    '.....to issue a Writ, Order or direction to declare the action of the respondents in not considering the case of petitioner for any suitable appointment under displaced persons quota/ their dependents in terms of G.O.Ms.No.98, dated 15.04.1986 though he is fully eligible and entitled as being illegal, arbitrary, discriminatory, bad in law and violative of principles of natural justice and consequently direct the respondents to consider and appoint the petitioner in any suitable post under displaced persons quota/ their dependents as per G.O.Ms.No.98, dated 15.04.1986 by including his name in the seniority list of displaced persons and to pass such other orders....'

    2. During hearing learned Government Pleader, Services-III for the respondents would contend that the petitioner has not furnished sufficient details for consideration by the respondents. Instead of furnishing details within time, the petitioner filed this writ petition.

    3. Learned counsel for the petitioner placed on record the order of the Division Bench of erstwhile High Court of Andhra Pradesh in W.P.No. 2436 of 2011, dated 08.02.2011, wherein it was held as follows:

      '7. Admittedly, the land of the 1st respondent was acquired by the Government for certain purpose and he, along with his family, was displaced from the village. The Government issued G.O.Ms.No.98, dated 15.04.1986, extending the benefit of providing jobs to the displaced persons. Subsequent thereto, a memo was issued by the Government on 24.08.1987 relaxing the condition of applying for appointment within one year from the date of actual time, to the persons who were displaced prior to issuance of the said G.O. The Government itself has framed a policy of providing jobs to the displaced persons and also relaxed the condition of applying for appointment within one year, to the persons displaced prior to the issuance of G.O. The Tribunal has rightly exercised its discretion in directing the petitioners herein to consider the application of the 1st respondent for appointment. We do not find any justice or any reason, warranting interference by this Court in the order passed by the Tribunal'.

      4. Assailing the order of the Hon'ble Division Bench cited supra, the Government preferred Special Leave to Appeal (Civil) No. 14305 of 2011, dated 04.07.2011, which was dismissed by confirming the order of the Division Bench of erstwhile High Court of Andhra Pradesh. The petitioner is also ready to furnish all required details to the respondents. Therefore, requested to pass appropriate orders in this writ petition.

      5. Learned counsel for the Government Pleader for Services-III for the respondents readily agreed to dispose of the representation if any submitted by the petitioner to the respondent authorities.

      6. In the result, Writ Petition is disposed of, while directing the petitioner to furnish required details along with representation to the respondents within three (03) weeks from the date of receipt of a copy of this order. On such submission, the respondents are directed to dispose of the same in accordance with G.O.Ms.No.98, dated 15.04.1986 and also Division Bench of erstwhile High Court of Andhra Pradesh in W.P.No. 2436 of 2011, dated 08.02.2011, within three (03) weeks thereafter. No costs.

      As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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