IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A. HARI HARANADHA SARMA, JJ.
The State Of Andhra Pradesh, Rep. By Its Principal Secretary, Water Resources Department – Appellant
Versus
Anakarla Ravi Kumar, S/O. A. Yesuratnam @ B Bala Obaiah –Respondent
Writ Appeal No: 841 Of 2023
Decided On : 19-11-2025
| Table of Content |
|---|
| 1. appeal background and displacement history. (Para 1 , 2 , 4) |
| 2. state's contest against the writ petition. (Para 5 , 6) |
| 3. court's rejection of the state's defense. (Para 7 , 8 , 9) |
| 4. conclusion on the sustainability of state's actions. (Para 10 , 11) |
Judgment :
Battu Devanand, J.
1. This Writ Appeal is preferred by the State against the order, dated 19.07.2022 in W.P.No.19065 of 2022.
2. Both the parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience.
3. Heard, the learned Government Pleader for Services-III appearing for appellants/respondents and Sri Moka Kondala Rao, learned counsel for the respondents/writ petitioners and carefully perused the material available on record.
4. The case of the writ petitioners is that the lands of the petitioners’ family are required in the year 1984 and 1985 for Sri Pothuluri Veera Brahmendra Reservoir of Telugu Ganga Project, B Mattam Mandal. The petitioners are displaced persons affected in the said reservoir. The competent authorities issued displaced certificates to all the petitioners. The petitioners submitted their applications on 06.12.2006, 12.12.2006, 27.05.2008 and 31.01.2009 respectively requesting to provide employment under the displacement scheme as per G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986. The said applications are rejected by the 2nd respondent by order, dated 16.09.2020 on the ground that the applications are submitted after cutoff date. It is stated in the rejection order, dated 16.09.2020 that the actual date of displacement of all the families under Telugu Ganga Project is 19.09.2005 and displaced persons under Telugu Ganga Project have to submit their applications for employment on or before 18.09.2006. Aggrieved by the rejection order, dated 16.09.2020, as it is contrary to the Government Memo No.480-LAR(2)/87-2, I&CAD (Proj.Wing) Department, dated 24.08.1987 and as per the judgment of a Division Bench of this Court in Writ Petition No.14913 of 2010 & batch, order of rejection is challenged in the writ petition. The learned single Judge by order, dated 19.07.2022 considering the submissions made on both sides that the issue in that writ petition is squarely covered by order passed by this Court in Writ Petition No.13543 of 2019, dated 01.02.2022 and considering the submissions of the learned Government Pleader that the order in Writ Petition No.13543 of 2019 has become final, the learned single Judge is pleased to allow the writ petition by order, dated 19.07.2022 setting aside the impugned proceedings, dated 16.09.2020 and directed the writ petitioners to submit relevant documents referred to in the impugned order within a period of one month and on submissions, the appropriate authority is directed to consider the case of the writ petitioners in terms of G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986 and also on par with the order of the Andhra Pradesh Administrative Tribunal in O.A.No.9807 of 2009, dated 21.08.2009 within a period of three (03) months therefrom.
5. Dissatisfied with the said order, the State preferred the present writ appeal.
6. The main ground raised in this writ appeal filed by the State is that the applications submitted by the writ petitioners are time barred and the order in W.P.No.13543 of 2019 on which the learned single Judge relied and allowed Writ Petition No.1906 of 2019 is already under challenge before this Court in Writ Appeal No.356 of 2023.
7. Learned Government Pleader appearing for the State contends that in view of the subsequent instructions issued under various memos subsequent to issuance of Government Memo No.480-LAR(2)/87-2, I&CAD (Proj.Wing) Department, dated 24.08.1987, the writ petitioners are not entitled to seek employment as their applications are time barred.
8. We are unable to accept the contention of the learned Government Pleader on the following grounds:
Admittedly, the writ petitioners are the family members of the
Displaced persons are entitled to job applications beyond prescribed deadlines due to government policies and prior judicial rulings that relax such limitations.
The State's policy providing jobs to displaced persons supersedes application deadlines, ensuring claims are honored despite timelines, supporting social justice.
Government policies for employment of displaced persons must be enforced without imposing unjust limitations, ensuring the protection of their rights and entitlements.
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.
The court affirmed that displaced persons are entitled to employment under government schemes, emphasizing the principle of parity in employment opportunities for similarly situated individuals.
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