HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA CONTEMPT CASE No. 760 OF 2018

O R D E R:

Petitioners filed Writ Petition No. 33416 of 2017 to direct respondents to appoint them as Junior Assistant or in any suitable post under displaced persons quota in terms of G.O.Ms.No. 98, dated 15.04.1986 and G.O.Ms.No. 68, dated 17.04.2014 as was done in respect of similarly-situated persons from the date of their eligibility. This Court, by order dated 23.10.2017 in W.P.M.P.No.41569 of 2017 directed the 2^nd respondent to consider the representations of petitioners made in that behalf and take action in accordance with Law.

2. Pursuant to the said direction, petitioners are stated to have made representation to respondents, however, the latter issued speaking orders dated 01.12.2017 and

05.12.2017 rejecting their case with the following reasons:

i) Applications will not be accepted even if received after the cut-off date notified by the Project authority/District Collector after following the dates mentioned therein. Applications not falling within those parameters will rejected forthwith.

ii) No new Application will be received for employment from displaced persons, as the deadlines set in G.O.Ms.No.98, Irrigation & CAD (PW) department, dated

15.04.1986 and Memo No.480/LAR.(2)/87-2, Irrigation & CAD (PW) Department, dated 24.08.1987 has expired long back.

In this connection, the above displaced persons have submitted their Applications on 24.08.2017 for providing employment under displaced persons quota in terms of G.O.Ms.No.98, dated 15.04.1986 after lapse more than 30 years.

According to petitioners, APAT in O.A.No.10637 of

2009 and batch by order dated 30-06-2010, directed respondents to consider the case of applicant for appointment in terms of G.O.Ms.No.98 dated 15.04.1996 irrespective of the limitation prescribed therein and pass appropriate orders as per his eligibility and suitability. The above said orders are confirmed by this Court in Writ Petition No.2436 of 2011 dated 08.02.2011 and before the Hon’ble Apex Court in SLP (Civil) No.14305 of 2011. Hence, the law is settled that displaced persons are permitted to submit their Applications irrespective of the limitation prescribed, provided if their displacement took place prior to issue of G.O.Ms.No.98, dated 15.04.1986.

Petitioners state that they are land-losers prior to issuance of G.O.Ms.No.98, therefore, eligible for employment under displaced persons quota. According to petitioners, respondents are deliberately flouting the orders on one pretext or the other. Hence, the action of respondents is wilful violation of the order of this Court dated 23.10.2017.

3. The 2^nd respondent Collector filed counter stating that land and house properties of petitioners’ fathers were acquired for the purpose of construction of Sriramsagar Project and compensation amount was also paid. While so, petitioners filed the subject Writ Petition seeking a direction to Respondents to consider their cases in any suitable post under displaced persons quota. Pursuant to the order dated 23.10.2017, the 1^st respondent had issued speaking order dated 01.12.2017 in respect of the petitioners stating that, they are 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.

However, in view of the letter dated 10.01.2020 addressed by the Government Pleader, in the light of the observations made by this Court, the Superintending Engineer, GVC-1, SRSP. Pochampad requested in his letter dated 13.01.2020 to convene Selection Committee Meeting to examine Applications of petitioners. Accordingly, Selection Committee meeting was conducted on 16.01.2020 and examined the Applications of petitioners in terms of G.O.Ms.No.98, dated 15.4.1986, Government Memo dated 24.08.