IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Maheswara Rao Kuncheam, J
K. DHANUNJAYA REDDY KADAPA DIST – Appellant
Versus
PRL SECY IRRIGATION (PROJECTS WING) DEPT. HYD & 2 OT – Respondent
WRIT PETITION NO: 22125 OF 2015
| Table of Content |
|---|
| 1. petitioner challenges the exclusion of grandsons from land loser employment benefits as violative of articles 14 and 16. (Para 1 , 2) |
| 2. the parties acknowledge the binding nature of the division bench judgment in w.a. no. 908 of 2023. (Para 3 , 4) |
| 3. employment for land losers is subject to the availability of vacancies and the conduct of recruitment processes. (Para 5) |
| 4. the respondent is directed to consider the petitioner's candidature during future recruitment processes. (Para 6) |
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toIssue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the 1st Respondent in issuing impugned G.O.Ms. No. 98, dated 15-04-1986 conferring benefit of employment only to the displaced person, son, daughter and spouse, thereby denying grandson or other members of the family, who are dependants on the land so acquired for the purpose of public projects and consequential action of the Respondents 2 to 3 in denying employment to the petitioner under Land Looser Category only on the ground that petitioner is grandson as highly illegal, arbitrary, violative of Article 14 and 16 of Constitution of India, and to pass
IA NO: 1 OF 2015(WPMP 28520 OF 2015
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondents to consider the petitioner for employment under Land Looser Category in any posts of Junior Assistant / Junior Plant Attendant / Mazdoor or any other suitable post, as vacancies are existing under the 3rd Respondent without rejecting the claim of the petitioner only on the ground that the petitioner is grandson pending disposal of the above writ petition and pass
The Court made the following:
ORDER:-
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous declaring the impugned action of the 1st Respondent in issuing impugned G.O.Ms. No. 98, dated 15-04-1986 conferring benefit of employment only to the displaced person, son, daughter and spouse, thereby denying grandson or other members of the family, who are dependants on the land so acquired for the purpose of public projects and consequential action of the Respondents 2 to 4 in denying employment to the petitioner under Land Looser Category only on the ground that petitioner is grandson as highly illegal, arbitrary, violative of Article 14 and 16 of Constitution of India…”
2. The grievance of the petitioner is with regard to the non-consideration of the petitioner’s candidature under the land losers quota in the respondent Corporation.
3. At the time of hearing, Sri Ravikanth, learned counsel appearing for the 2nd respondent Corporation, submits that the issue involved in the lis, had already been dealt with by the Hon’ble Division Bench of this Court in W.A. No. 908 of 2023 dated 03.11.2023. He further submits that the said judgment was served to the learned counsel appearing for the petitioner.
4. On the other hand, the learned counsel appearing for the petitioner acceded to the above submission.
5. Having regard to the submissions made, this Court deems it appropriate to dispose of the Writ Petition, in the light of the directions of Hon’ble Division Bench of this Court in Writ Appeal No.908 of 2023, dated 03.11.2023. The relevant portion of the order of the Hon’ble Division Bench, reads as follows:
…..13. A perusal of G.O.Ms.No.98, dated 15.04.1986 as well as the communications between the respondents and land losers, set out before this Court would show that the respondents had only assured the land losers that 50% of the posts, under the appropriate categori
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