HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION (AT) Nos.174, 175, 176, 177, 178, 179, 263, 313, 74, 268, 271, 278, 279 and 587 of 2021
COMMON ORDER :
As the issue involved in these writ petitions is one and the same, these matters are taken up together for disposal by this Common Order.
2. The facts in these writ petitions are similar and identical, therefore W.P.(AT) No.174 of 2021 is taken as lead case, and the facts therein are referred to for convenience.
3. The grievance of the petitioners in all these cases is that the Government formulated a scheme providing a provision of Employment to the displaced persons or their dependants vide G.O.Ms.No.98 I & CAD, dated 15.04.1986 and framed certain guidelines directing the concerned appointment authorities to fill up 50% vacancies of the categories of equivalent to Junior Assistant/Typists and the cadre below arising in Major & Medium Irrigation and Power Projects by the displaced families/or their dependants i.e., displaced persons or his/her son, daughter or spouse in the family, of the respective project duly following the rule of reservation for various categories viz., SC/ST/BC/Ex. Serviceman/Physically Handicapped & meritorious Sportsman etc. In view of the above, the applications for appointment from the eligible candidates shall be made to the District Collector concerned within a period of one year from the date of actual displacement of the family, preference shall be given with reference to the date of displacement and to those applicants whose houses and land are acquired against those whose land or house only is acquired. Thereafter, the concerned District Collector shall forward the same to the Project authorities for appointment. Accordingly, the petitioners have made representations/ applications and some of the families were benefited. Therefore, some of the displaced families and dependants have made applications to the authorities to provide employment as was done in the case of others. However, the respondents have not taken any action. Aggrieved by the same, the writ petitions have been filed.
4. The counter affidavits are filed in all three matters, for convenience, the averments in counter in W.P.(AT) No.174 of 2021 are stated as under:
The counter affidavit is filed by the respondents denying all the averments made in the petitions and contended that the date of displacement of the families in the Projects. As per para 4(iii) of G.O.Ms.No.98, dated 15.04.1986 the applications for appointment from the eligible candidates shall be made to the District Collector concerned. However, the petitioners have not made any applications to the District Collector concerned for appointment under displaced persons quota till date. It is further stated that in view of number of court cases filed by the displaced persons the Government has issued G.O.Ms.No.45, dated 04.07.2012 and also approved the integrated seniority list of 962, duly suspending all the seniority lists of 766 and 247 candidates, prepared under G.O.Ms.No.44, dated 31.03.1999 and G.O.Ms.No.247 dated 29.12.2008 respectively. The name of the petitioner is not covered in any of the seniority list.
It is further stated that in a similar case, the Tribunal in its judgment dated 05.02.2015 dismissed the O.A No.2409 of 2012 filed by Sri M. Satyanarayana S/o Sundaraiah, displaced person under Srisailam Project stating that “the petitioner in the present case has applied for the job on 18.08.2007 i.e., after a gap of about 28 years and he is not eligible for consideration as per G.O.ms.No.98 read with clarifications given vide Memo No.37498/L.A.IV- R.R-II/2010-I, dated 14.05.2010. In view of the above, the petitioner name was not included in the integrated seniority list displaced persons quota, as per para 4(iii) of G.O.Ms.No.98, dated 15.04.1986 read with clarifications given in Memo No.37498/L.A.IV-R.R-II/2010-I, dated 14.05.2010. it is also stated that the petitioner has not submitted any job application to the District Collector concerned till to date and hence he is not eligible for any post under displaced persons quota. There is nothing illega