Research › Search › Judgment

Telangana High Court · body

2025 DIGILAW 1525 (TS)

Tirumala Thirupathi Waddera Labour Contract Coop v. State of Telangana represented by Its, Principal

2025-11-17

ANIL KUMAR JUKANTI

body2025
ORDER : ANIL KUMAR JUKANTI, J. This Writ Petition is filed with the following prayer: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly 2 nd respondent not reserving 15% of the work to unemployed and retrenched Engineers belong to SC/ST and Waddera communities and Labour Contract Co-op Societies and not Exempting from earnest money deposit in case of works costing up to Rs.1 lakh in respect of individuals and in case of works costing up to Rs.20 lakhs (Twenty lakhs only) in respect of unemployed and retrenched Engineers belong to SC/ST and Waddera communities and Labour Contract Co-op Societies in Nalgonda District vide G.O.Ms.No.398 dated 5-9-90, as illegal, unjust, arbitrary and violation of Articles 14, 19 & 21 of Constitution of India and consequently direct the respondents particularly 2nd respondent to reserve 15% of the work to unemployed and retrenched Engineers belong to SC/ST and Waddera communities and Labour Contract Co- op Societies and Exempt from earnest money deposit in case of works costing up to Rs.1 lakh in respect of individuals and in case of works costing up to Rs.20 lakhs (Twenty lakhs only) in respect of unemployed and retrenched Engineers belong to SC/ST and Waddera communities and Labour Contract Co-op Societies in Nalgonda District and pass such other order or orders…” 2. There was no representation on behalf of petitioner on earlier occasions. On 29.03.2023, Registry was directed to issue notice to petitioner, but notice is returned un-served. This Court appointed Ms. G.Nithya as amicus on behalf of petitioner to assist the Court. Today, when the matter is called, learned amicus is also not present. 3. Heard learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondents. 4. Petitioner is Waddera Labour Cooperative Society doing civil contract works. The case of petitioner is that G.O.Ms.No.398 dated 05.09.1990 was issued by Government with an objective of providing contract works to SCs, STs, backward classes societies and unemployed or retrenched employees, engineers and Waddera caste people registered as labour contract cooperative society, for allotment of works of Government, so as to benefit and uplift the poor and middle class of SCs, STs and Waddera communities socially and economically by providing employment. It is further the case of petitioner that Executive Engineers of Khammam and Warangal Districts reserved 15% of the works to SCs, STs and Waddera individuals and societies in accordance with G.O.Ms.No.398. 5. It is the grievance of petitioner that Executive Engineer, Nalgonda District, has not reserved 15% of the works for the said communities and thus denied the opportunity provided under G.O.Ms.No.398. That individuals/societies of the said communities are exempted from earnest money deposit, in case of works costing up to Rs.1,00,000/- in respect of individuals and works costing up to Rs.20,00,000/- in respect of unemployed and retrenched engineers belonging to the said communities. That Executive Engineer, IB Division, Bhongir, issued tenders (the details of work are reflected at Ex.P2). The three works are under Minor Irrigation-Mission Kakatiya. The works are for restoration of Nalla Cheru, Sadarshapuram, Ekya Cheruvu, Jiyapally Village, Oora Cheru, Padamatisomaram Village. It is the case of petitioner that as per G.O.Ms.No.398, 15% of the works in the district have to be reserved for the said communities and as the same have not been reserved, it is violative of conditions of G.O.Ms.No.398 and hence, the writ petition. 6. On the other hand, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondents submitted that erstwhile Government issued G.O.Ms.No.398 dated 05.09.1990, as per which SCs, STs and weaker backward class members of labour contract employees should be registered as class-III contractors and treated as class-II contractors and to provide 15% of the works in the Government Departments to SCs, STs and backward classes registered cooperative societies. It is further submitted that G.O.Ms.No.94 dated 01.07.2003 has been issued, by which a comprehensive policy has been evolved by the Government. Placing reliance of the written instructions received from Executive Engineer, Irrigation Division No.11, Bhongir, it is submitted that the works are notified in the year 2015, as such, G.O.Ms.No.94 is applicable and not G.O.Ms.No.398. It is further submitted that G.O.Ms.No.94 dated 01.07.2003 has been issued, by which a comprehensive policy has been evolved by the Government. Placing reliance of the written instructions received from Executive Engineer, Irrigation Division No.11, Bhongir, it is submitted that the works are notified in the year 2015, as such, G.O.Ms.No.94 is applicable and not G.O.Ms.No.398. The following are the written instructions received by office of Government Pleader, Irrigation Department: “The erst-while Government of Andhra Pradesh has issued G.O.Ms.No.398, Dated:5-9-1990, making a mention that the Government has issued orders that the S.C's., S.T's., and Weaker Backward Class members of Labour contract co- operative societies shall be registered as class-III contractors and to treat them as registered class-II contractors, without insisting them to produce the solvency certificate for their registration as Contractors, and also to provide 15% of the works in the Government Departments to the S.Cs., S.Ts., and backward classes registered co-operative societies and defined therein. In respect to this case, it is pertinent to be mention that Government issued G.O.Ms.No.521, Irrigation (Projects Wing) Department, dated 10-12-1984 regarding the rules governing the registration of contractors as detailed in the Annexure appended to the orders. For the Civil works, in the Departments of the erstwhile Government of A.P., has fixed the monetary limits for the contractors as detailed below:- a) Special Class Contractors - Above Rs.1 Crores and upto any amount. b) Class-I Contractors - Above Rs.30.00 lakhs and upto Rs.1 Crore. c) Class-II Contractors - Above Rs. 10.00 lakhs and upto Rs. 30.00 lakhs. d) Class-III Contractors - Above Rs.5.00 lakhs upto Rs.10.00 lakhs. e) Class-IV Contractors - Above Rs.1.00 lakh upto Rs. 5.00 lakhs. f) Class-V Contractors - Upto Rs.1.00 lakh only. The Government has then formed the Cabinet Sub-Committee in G.O. 938, TR&B (R.1) Department, Dated 29- 11-2000, to examine various issues relating to revision and streamlining of tender procedures, with the following objectives: (1) Simplification of procurement procedures. (2) Achieving greater transparency in procurement. (3) Reducing delay in procurement. (4) Improving quality of construction. (5) Ensuring timely completion of projects. The Cabinet Sub-Committee formed in the above mentioned orders, has submitted its recommendations on the above points, for its consideration. (2) Achieving greater transparency in procurement. (3) Reducing delay in procurement. (4) Improving quality of construction. (5) Ensuring timely completion of projects. The Cabinet Sub-Committee formed in the above mentioned orders, has submitted its recommendations on the above points, for its consideration. The Government after its careful examination has issued comprehensive orders in G.O.Ms.No:94, Irrigation & CAD (PW-COD) Department, Dated:1-7-2003 and that the orders issued in the G.O.Ms.No:521, I&CAD (PW) Department Dated: 10-12- 1984; G.O.Ms.No:132, TR&B (R1) Department Dated 11-8- 1998; G.O.Ms.No:23, I&CAD (PW) Department, Dated 5-3- 1999 and G.O. Ms.No:8, TR&B (R1) Department, dated: 8-1-2003, stand abated. Thus, in brief, after the issuance of the Government orders in the G.O.Ms.No:94, Irrigation & CAD (PW) Department, dated 1-7-2003, along with its Annexures (i.e., the Annexure-I regarding the Tender Procedures to be adopted and the Annexure-II regarding the Rules for Registration of Contractors), there is no mention about the exemption from submission of Solvency Certificates by the S.Cs., S.Ts., Backward Classes and Waddera Labour Contract Cooperative Societies, in the Annexure-II i.e., the rules for registration of contractors, append to this G.O.94, Dated 1-7-2003, for their registration as civil contractors in the Department and that the monetary limits of the works is also revised and refixed to the different types of Contractors, which are as mentioned below: (1) Special Class Contractors - Above Rs. 10.00 Crores. (2) Class-I Contractors - Above Rs.2.00 Cores upto Rs.10.00 Crores. (3) Class-II Contractors - Above Rs. 1.00 Crore upto Rs.2.00 Crore. (4) Class-III Contractors - Rs.50.00 Lakhs to Rs.1.00 crore. (5) Class-tV Contractors - Above Rs. 10.00 lakhs upto Rs.50.00 lakhs. (6) Class-V Contractors - Upto Rs. 10.00 lakhs. The authority for the registration of the above mentioned categories of contractors is also mentioned therein, against each of the Class/Category of Contractors. Further, it is also to submit that, In the said G.O. No.94, dated 1-7-2003, i.e., in the comprehensive orders issued by the Government, there is no mention about the 15% of the works to be reserved and allotted to the S.Cs., S.Ts., Backward classes and Waddera Labour contract cooperative societies, as is being claimed by the Applicants. Further, it is also to submit that, In the said G.O. No.94, dated 1-7-2003, i.e., in the comprehensive orders issued by the Government, there is no mention about the 15% of the works to be reserved and allotted to the S.Cs., S.Ts., Backward classes and Waddera Labour contract cooperative societies, as is being claimed by the Applicants. Thus, in brief, the petitioners herein have concealed the facts and circumstances, about the issuance of the comprehensive orders issued by the erstwhile Government of A.P., in the G.O. M.S No. 94, dated 1-7-2003, and kept in dark to this Hon'ble court, and made every effort to misread this Honourable court, and making a claim on the orders issued decades before.” 7. On a perusal of the contents of G.O.Ms.No.94 dated 01.07.2003, none of the provisions of the G.O. speak of 15% reservation, as claimed by petitioner. In the absence of any provision in G.O.Ms.No.94, that 15% of the works have to be reserved for the said societies, the Executive Engineer could not have reserved 15% of the works to the said societies as claimed. If any such reservation was granted, then the same would be against G.O.Ms.No.94. No grounds are made out, writ petition is devoid of merits and is liable to be dismissed. 8. For reasons aforesaid, Writ Petition is dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.