HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 14339 OF 2019

O R D E R:

This Writ Petition is filed challenging the speaking order vide Memo dated 15.06.2016 and the action of respondents in not considering the case of petitioner to the post of Junior Assistant or any other suitable post under displaced persons quota on the ground that he applied beyond the period of limitation as prescribed in G.O.Ms.No.98, dated 15.04.1986 read with Memo dated 24.08.1987.

2. Petitioner’s case is that their house submerged in SRSP Reservoir and they were displaced during 18.03.1978 vide Award No. 17/1977-98. It is stated that Government issued G.O.Ms.No. 98, dated 15.04.1986 and G.O.Ms.No. 68, dated 17.05.2014 to fill up 50% vacancies in Junior Assistant / Typists and the cadres below arising in Major and Minor Irrigation and power projects to be filled up by the displaced persons.

Petitioner states that he submitted representation to Respondents 1 and 2 on 30.09.2014 to provide appointment in terms of G.O.Ms. No. 98, on which, the revenue officials made correspondence with the 1^st respondent who issued impugned speaking order informing that Selection Committee reviewed and rejected the case on the ground that the time limit set in G.O.Ms. No. 98 and Memo dated 24.08.1987 expired long back. Again, petitioner is stated to have made representation on 02.02.1997 to the 1^st respondent not to insist for time limit as per letter dated 23.05.2015 addressed by the 1^st respondent wherein he referred Supreme Court orders stating that limitation will not apply for the awards passed before issuance of G.O.Ms. No. 98, dated 15.04.1986. But, so far, no orders are passed thereon.

3. The 1^st respondent - Superintending Engineer filed counter stating that house property of petitioner’s father was acquired for the purpose of construction of Sri Ramsagar Project and compensation amount was also paid. While so, petitioner filed the subject Writ Petition seeking a direction to Respondents to consider their cases in any suitable post under displaced persons quota. The 1^st respondent had issued speaking order dated 15.06.2016 stating that, petitioner is not eligible to consider for appointment under displaced persons quota, as the Government had already issued instructions vide Memo dated 14.05.2010 that no new Application would be received for employment from displaced persons, as the deadline set in G.O.Ms.No.98, dated 15.04.1986 and Memo dated

24.08.1987 expired long back.

According to this respondent, as per G.O.Ms.No.98, dated 15.04.1986, for securing employment under displaced persons quota, Applications from 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. The District Collectors shall draw up a list of such Applications and forward the same to the project authorities for appointment. Further, Government in Memo dated 24.08.1987 clarified that ‘period of one year’ does not apply to such of the persons/families who are displaced prior to issuance of the said G.O. It is stated that Government constituted Selection Committee vide G.O.Ms.No.266 dated 19.09.1994 read with G.O.Ms.No.135, dated 17.11.2009 to select the candidates among the Applications received for appointment subject to other preferences/ conditions prescribed in G.O.Ms.No.98, with the following officers.

i) District Collector concerned as Chairman ii) Joint Collector of the District concerned as Member iii) Superintending Engineer of the concerned project as Member-Convenor Further it is also stated that Government issued instructions vide Memo dated 22.12.2005 which reads as follows:

“ In case of eligible displaced persons whose lands and structures acquired under Irrigation Projects prior to the issue of G.O.Ms.No.98 dated 15.4.1986 instructions were issued to the Di