Government policies for employment of displaced persons must be enforced without imposing unjust limitations, ensuring the protection of their rights and entitlements.

Judgment :

Battu Devanand, J.

1. This Writ Appeal has been filed against the order, dated 01.02.2022 in W.P.No.13543 of 2019 passed by the learned Single Judge of this Court.

2. Both the parties in the Appeal will be referred to as they are arrayed in the Writ Petition for convenience.

3. Heard the Government Pleader for Services-III for appellants/ respondents and learned counsel for the respondents/petitioners.

4. Submissions of the learned counsel for Writ Petitioners:

(i) All the petitioners are family members of the displaced persons under Telugu Ganga Project (TGP). Their lands were acquired by the Government for purpose of construction of the said Telugu Ganga Project. The Government formulated a scheme by issuing G.O.Ms.No.98, Irrigation (Proj.Wing) Department, dated 15.04.1986 in order to provide rehabilitation to the members of the displaced persons or their dependents, whose lands were acquired. By virtue of the said Government Order, the eligible candidates shall make applications to the concerned district Collector within a period of one year from the date of actual displacement of the family. Thereafter, the said condition was removed by issuing a Memo No.480-LAR(2)/87-2, I&CAD (Proj.Wing) Department, dated 24.08.1987. By virtue of the said Memo, the condition of making applications within a period of one year has been relaxed. Therefore, the petitioners are also entitled for the same. As per G.O.Ms.No.98, dated 15.04.1986, 50% of the vacancies of the categories equivalent to Junior Assistants/Typists and the cadres below arising in Major & Medium Irrigation and Power Projects shall be filled up by the displaced families or their dependents and the candidates eligible for appointment under this schedule shall be the displaced persons or his/her, son/daughter or spouse there being no other earning member in the family. As such, the petitioners are also eligible for the same relief as per G.O.Ms.No.98, dated 15.04.1986.

(ii) It is further case of the petitioners that some of similarly situated persons have approached the Andhra Pradesh Administrative Tribunal at Hyderabad and filed O.A.No.9807 of 2009 and the Tribunal passed orders on 21.08.2009 directing the respondents to consider the case of those applications, as such, petitioners are also eligible for the same relief granted as per the order passed by the Tribunal in O.A.No.9807 of 2009. Therefore, they approached this Court seeking redressal.

5. Submissions of the learned Government Pleader:

(i) Though the lands of the petitioners were acquired during the year 1984 and earlier, they were actually displaced when the projects commenced operating and when the water entered into their lands i.e., on 19.09.2005. As such, the petitioners ought to have made applications by 18.09.2006 i.e., within the period of one year from the date of displacement. The petitioners have approached the authorities concerned belatedly, as such, they are not entitled for the relief as claimed by them. The 2^nd respondent passed the impugned order, dated 02.01.2019 on the ground that the petitioners belatedly approached the 2^nd respondent and those applications are barred by limitation.

(ii) The Government Memo No.480-LAR(2)/87-2, I&CAD (Proj.Wing) Department, dated 24.08.1987 issued subsequent to Government Memo, dated 15.04.1986, wherein it was instructed that not to go on receiving such applications by the District Administrators/Project Administrators after elapsed period of decades. In the Government Memo No.11606/L.A.IV-R&R.II/2010-1, dated 14.05.2010 it was ordered that in Govt. Memo No.48