APHC010442232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 22929/2023 Between:

1. K URAKU NAGESH, S/O K.CHINNAIAH, AGED ABOUT 31 YEARS, OCC. UN-EMPLOYEE, R/O.D.NO.2/83, CHENNAMPALLI VILLAGE AND POST, BADVEL MANDALAM,KADAPA DISTRICT.

2. K URAKU SREEKANTH,, S/O K.VENAKATA RAMANAIAH, AGED ABOUT 29 YEARS, OCC. UN-EMPLOYEE, R/O.D.NO.9-1-963, CHENNAMPALLI VILLAGE AND POST, BADVEL MANDALAM, KADAPA DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE SUPERINTENDING ENGINEER, NTR TGP CIRCLE, KADAPA DISTRICT.

3. T HE DISTRICT COLLECTOR, YSR KADAPA, KADAPA DISTRICT.

4. T HE SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, TELUGU GANGA PROJECT, KADAPA, YSR KADAPA DISTRICT.

...RESPONDENT(S):

The Court made the following ORDER:

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ, Order or Orders or directions more particularly one in nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the -.impugned Officer Order. SE/NTR TGP/KDP/AB/EC.5/151M, dated 19.02.2020 rejecting on the ground of time barred for providing employment under SPVBR of Telugu Ganga Project, YSR Kadapa District, under the Displaced Persons quota/employment there by not including the names of the petitioners in the seniority list for Displaced Persons as illegal, arbitrary, contrary to the G.O.Ms.N0.98, dated 15.04.1986 and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to include the name of the petitioners in the seniority list for Displaced Persons quota/employment and thereby to provide employment as per G.O.Ms.N0.98, dated 15.04.1986 in any suitable post with all consequential benefits and pass…”

2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

2. The present writ petition is filed seeking to declare the action of the 2^nd respondent in issuing the impugned Order No. SE/NTRTGP/KDP/AV/EC.5/473M, dated 19.02.2020, whereby the request of the petitioners for providing employment under the SPVBR of the Telugu Ganga Project, YSR Kadapa District, under the Displaced Persons quota and for inclusion of their names in the seniority list of Displaced Persons was rejected on the ground that the claim was time-barred, as illegal, arbitrary, and contrary to G.O.Ms.No.98, dated 15.04.1986.

3. The learned counsel for the petitioners submits that in similar facts and circumstances, this Court has already granted relief in W.P. No.33135 of 2023 by order dated 23.01.2025, and therefore the petitioners are also entitled to the same relief.

4 The petitioners further brought to the notice of this Court that under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, the condition of one-year limitation prescribed therein cannot be insisted upon, in view of Government Memo No.480-LAR (2)/87-2, dated 24.08.1987, the orders of the A.P. Administrative Tribunal in O.A.No.7917 of 2003 dated 16.07.2007, the judgment of the Hon’ble High Court in W.P.No.2436 of 2011 dated 08.02.2011 which was confirmed by the Hon’ble Supreme Court in SLP No.14305 of 2011 by order dated 04.07.2011, and also the common judgment of this Court in W.P.(AT)

No.174 of 2021 and batch dated 13.12.2022.

4. In fact, the learned counsel for the petitioners also brought to the notice of this Court the observations in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the cases of the petitioners under G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986, was challenged, were allowed, and the appeals preferred therein were disposed of with the following observation:

“In this Connection it is respe