J Sree Devi Vs the State of Ap

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings. SE/SPC/NLR/Speaking Orders/W.P.No.13172/2023/E-5/497 M dated 10.07.2023 of the 2ND respondent is illegal, arbitrary , contrary to law and side aside the same above impugned proceedings and further declare the impugned action of the respondents in not considering case of the petitioner herein for appointment to the post of Typist even vacancies

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available and her name is included in the list at SI.No.825 by the Selection Committee as well no candidate, other than the petitioner is eligible under SC community, on the pretext of one reason or the other or technical reason ignoring the petitioner, is illegal, irrational and violation of Articles 14, 16 , 21 and 300(A) of the Constitution of India and consequently declare that I am entitled to be appointed as Typist in any one of the vacancies under displaced persons category in terms of G.O.Ms.No.98 dt. 15-04-1986 with all consequential benefits and pass

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IA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend impugned proceedings. SE/SPC/NLR/Speaking Orders/W.P.No.13172/2023/E-5/497 dated 10.7.2023 of the 2^nd respondent and appoint her as Typist under S.C. Category by considering her technical qualification and pass

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Counsel for the Petitioner:

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1.T V V KOTESWARA RAO

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Counsel for the Respondent(S):

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1.GP FOR SERVICES III

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2.GP FOR SERVICES I

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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“to issue a Writ, Order or Orders or directions more particularly one in nature of Writ of Mandamus, declaring the impugned proceedings. SE/SPC/NLR/Speaking Orders/ W.P.No.13172/2023/E-5/497 M dated 10.07.2023 of the 2^nd respondent is illegal, arbitrary, contrary to law and side aside the same above impugned proceedings and further declare the impugned action of the respondents in not considering case of the petitioner herein for appointment to the post of Typist even vacancies available and her name is included in the list at SI.No.825 by the Selection Committee as well no candidate, other than the petitioner is eligible under SC community, on the pretext of one reason or the other or technical reason ignoring the petitioner, is illegal, irrational and violation of Articles 14, 16 , 21 and 300(A) of the Constitution of India and consequently declare that I am entitled to be appointed as Typist in any one of the vacancies under displaced persons category in terms of G.O.Ms.No.98 dt. 15-04-1986 with all consequential benefits and pass ….”

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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The present writ petition is filed seeking to declare the action of the 2^nd respondent in issuing the impugned order No. SE/SPC/NLR/Speaking Orders/W.P.No.13172/2023/E-5/497 M dated 10.7.2023, whereby the request of the petitioner for providing employment under the Displaced Persons quota under Somasila Project and for inclusion of her name in the seniority list of Displaced Persons was not acted upon, as illegal, arbitrary, and contrary to G.O.Ms.No.98, dated 15.4.1986.

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The learned counsel for the petitioner 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 petitioner is also entitled to the same relief.

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4 The petitioner 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.

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In fact, the learned counsel for the petitioner also brought to the notice of this Court the observations in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the case of the petitioner 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:

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“In this Connection it is respectfully submitted that recently this Court rendered an elaborate Judgment on the subject matter in

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W.P.(AT) No.174 of 2021 and batch, dated 13.12.2022 by considering all the earlier Judgments passed by APAT and the D.B. of this Hon’ble High Court in W.P.No.2436 of 2011 which was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) No.14305 of 2011, dated 04.07.2011, directing the Respondents to provide employment to the Petitioners therein by adopting the procedure prescribed in G.O.Ms.No.98, dated 15.04.1986 and also in respect of other candidates, who now remain out of employment. I am also similarly situated and identically placed to the petitioners therein and entitled for appointment in terms of G.O.Ms.No.98. Hence, this Writ Petition.”

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On perusal of the directions of the Division Bench of this Hon’ble High Court in W.P.No.2436 of 2011, this Writ Petition is disposed of, directing the respondents to consider the case of the petitioner for appointment as per G.O.Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 and to pass appropriate orders. The said exercise may be completed within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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JUSTICE D RAMESH

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15.4.2026 RD

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 13560 of 2024

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15.4.2026