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2011 DIGILAW 101 (AP)

Secy. , Irrigation & Cad v. P. Ramachandra Reddy

2011-02-08

GHULAM MOHAMMED, K.G.SHANKAR

body2011
Judgment The petitioners filed this Writ Petition seeking a Writ ofCertiorari calling for the records relating to order dated 30-06-2010 in O.A. No.10637 of 2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad wherein, the petitioners are directed to consider the case of the 1st respondent herein for appointment in terms of G.O.Ms.No.98 dated 15-04-1986. 2. The brief facts of the case are that the land belonging to the 1st respondent’s family was acquired by the Government in the year 1980 and an award was also passed in respect of the same and possession of the land was taken in the year 1984. The Government issued G.O.Ms.No.98, dated 15-04-1986, providing employment to the displaced persons. Then, the 1st respondent filed O.A. No.3289 of 2008 before the A.P. Administrative Tribunal seeking a direction to the respondents therein to give appointment to him in the light of the said G.O. On the interim directions passed by the Tribunal, the 4th petitioner herein has considered the application of the 1st petitioner and rejected the same through order, dated 24-05-2008, stating that the case of the 1st respondent cannot be considered for providing employment in terms of G.O. Ms.No.98, dated 15-04-1986, as he made application after lapse of more than 9 years from the date of his actual displacement and that the G.O. stipulates that the displaced persons shall make applications within a period of one year from the date of actual displacement of the family. Challenging the said order, the 1st respondent filed the impugned O.A. It is further stated by the 1st respondent that subsequent to the G.O.Ms.No.98, the Government issued Memo No.480-LAR (2) 87/2, dated 24-08-1987, stating that the condition of applying for appointment within one year from the date of actual displacement does not apply to such of the persons / families, who were displaced prior to the issueance of the said G.O. The petitioners filed counter – affidavit in the O.A. stating that the family of the 1st respondent was actually displaced in the year 1988, but not in 1984 and hence, the 1st respondent is not eligible to extend benefit under the said G.O. 3. The Tribunal passed the following order on 13-06-2010: “Counsel for the applicant as well as the learned GP submits that the issue involved in this application is covered by the orders passed by this Tribunal in O.A. No.7917/2003 dt.167-2007. 2. The Tribunal passed the following order on 13-06-2010: “Counsel for the applicant as well as the learned GP submits that the issue involved in this application is covered by the orders passed by this Tribunal in O.A. No.7917/2003 dt.167-2007. 2. In these circumstances, the respondents are directed to consider the case of the applicant for appointment in terms of GO.Ms.No.98 dt.15.4.1986 irrespective of date of his application or irrespective of the limitation prescribed therein and pass appropriate orders, as per his eligibility and suitability, within a period of eight weeks from the date of receipt of a copy of this order. The O.A. is disposed of accordingly.” 4. Aggrieved by the order passed by the Tribunal, the petitioners filed the present writ petition. 5. Heard the learned Government Pleader for Services – II and the learned counsel for the 1st respondent. 6. Learned Government Pleader for Services – II submits that the petitioner is not entitled for the benefit under the G.O.Ms.No.98, dated 15-04-1986, as he has not fulfilled the condition stipulated in the said G.O. and that he has submitted his application after lapse of more than 9 years from the date of his actual displacement. 7. Admittedly, the land of the 1st respondent was acquired by the Government for certain purpose and he, along with his family, was displaced from the village. The Government issued G.O.Ms.No.98, dated 15-04-1986, extending the benefit of providing jobs to the displaced persons. Subsequent thereto, a memo was issued by the Government on 24-08-1987 relaxing the condition of applying for appointment within one year from the date of actual time, to the persons who were displaced prior to issuance of the said G.O. The Government itself has framed a policy of providing jobs to the displaced persons and also relaxed the condition of applying for appoint within one year, to the persons displaced prior to the issuance of G.O. The Tribunal has rightly exercised its discretion in directing the petitioners herein to consider the application of the 1st respondent for appointment. We do not find any injustice or any reason, warranting interference by this Court in the order passed by the Tribunal. 8. Hence, the Writ Petition is dismissed. There shall be no order as to costs.