Displaced persons are entitled to employment under G.O.Ms.No.98 provisions; all affected parties must be included for fair process in judicial decisions.

Judgment :

Battu Devanand, J.

The Writ Appeal Nos.1289 of 2023 and 315 of 2024 have been filed against the order, dated 05.01.2023 in W.P. (AT) No.47 of 2021 passed by the learned Single Judge of this Court.

The Writ Appeal No.1289 of 2023 filed by the State whereas Writ Appeal No.315 of 2024 filed by the persons, who are aggrieved by the said order, seeking relief of the Court.

2. Since the issue involved in both the writ appeals is one and the same and the order under challenge in both the appeals is also one and the same, the two writ appeals are disposed of by a common judgment.

3. Heard learned counsel appearing on both sides and carefully perused the material available on record.

4. Submissions of the learned counsel for the petitioner:

(i) The father of the writ petitioner late Sri Massom Saheb in W.A.No.1289 of 2023 is resident of Dachuru village Kaluvoya Mandal, SPSR Nellore District. The village of Dachuru and neighbouring villages were submerged under Kandaleru Reservoir Project. The petitioner belongs to BC- E community and passed S.S.C. in the year 1994 and also Senior Secondary School Examination in the month of December, 2010. The father of the petitioner died on 10.02.2010 leaving behind him and 6 of his family members. The Special Deputy Collector i.e., 4^th respondent issued a proof of award vide special RGC No.118/2015, dated 05.10.2015. The Tahsildar of Kaluvoya Mandal i.e., 5^th respondent herein issued displacement certificate in L.Dis.(A) 914/2015, dated 06.10.2015 certifying that the father of the petitioner shifted their residence from Dachuru village, Kaluvoya Mandal to Autonagar Works Colony, Padarrupalli, Nellore Mandal since their house was submerged under Kandaleru Reservoir in Dachuru village. The 5^th respondent also issued no earning member certificate, dated Nil.08.2015. It is the contention of the petitioner that as per the said documents, the petitioner is displaced person since his house was submerged under Kandaleru Reservoir and as such he is entitled to claim employment in terms of G.O.Ms.No.98, Irrigation (Proj.Wing), dated 15.04.1986 and as per the orders and instructions issued by the State Government from time to time.

(ii) The grievance of the petitioner is that the District Collector, SPSR, Nellore District i.e., 3^rd respondent herein sent the second seniority list of displaced persons under Kandaleru Reservoir on 30.12.2011 and 30.01.2014 for necessary approval of the Government. After examining the same, the second seniority list of 106 displaced persons under Kandaleru Reservoir sent by the 3^rd respondent was approved by the 1^st respondent. In the second seniority list containing 106 candidates, petitioner name is not shown, though he is eligible as per the scheme. Against the action of the respondents in not including his name in the second seniority list approved in Government Memo, dated 26.12.2014, he approached the Andhra Pradesh Administrative Tribunal by filing O.A.No.649 of 2016. Subsequently, the said O.A. was transferred to the Andhra Pradesh High Court and it was renumbered as W.P. (AT) No.47 of 2021. The said writ petition was disposed of by the learned single Judge of this Court by order, dated 05.01.2023 setting aside the Memo No.641/R&R- A2/2012-2, dated 26.12.2014 issued by the 1^st respondent wherein 106 displaced persons names included in the second seniority list. The learned single Judge also directed the official respondents to consider the case of the petitioner to include his name in the seniority list under displaced persons quota of Kandaleru Reservoir Project for appointment in any suitable post as per his e