Bandi Thirupal Vs the State of Andhra Pradesh

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APHC010081142026

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[3208]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE D RAMESH

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WRIT PETITION NO: 4966/2026

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Between:

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BANDI THIRUPAL, S/O. B. ANKULAIAH, AGED ABOUT 35 YEARS, UNEMPLOYEE, TANAMCHARLA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT.

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SHAIK ALLA BAKSHU,, S/O.SHAIK KHAJA RAMTHULLA, AGED ABOUT 31 YEARS, UNEMPLOYEE, TANAMCHARLA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT.

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PANDRA KOTAMMA,, D/O. P.KOTESWARAIAH, AGED ABOUT 36 YEARS, UNEMPLOYEE, TANAMCHARLA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT.

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PANDRA PRASAD,, S/O. SANTAIAH, AGED ABOUT 35 YEARS, UNEMPLOYEE, SANTHINAGAR, BATWADIPALEM, DARGAMITTA NELLORE, SPSR NELLORE DISTRICT.

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NANDYALA KAMESWARI,, D/O. N. ANKAIAH, AGED ABOUT 26 YEARS, UNEMPLOYEE, SANKURATHRI PALLI,TANAMCHERLA, SPSR NELLORE DISTRICT.

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PANDRA CHINNAIAH,, S/O. SANTAIAH, AGED ABOUT 26 YEARS, UNEMPLOYEE, TANAMCHERLA, RAPUR MANDAL, SPSR NELLORE DISTRICT.

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SARVEPALLI ANKESWARA RAO,, S/O. ANKAIAH, AGED ABOUT 39 YEARS, UNEMPLOYEE, TANAMCHERLA VILLAGE, RAPUR MANDAL, SPSR NELLORE DISTRICT

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AUDI PENCHALA NARASIMHAMAM,, S/O. PENCHALAIAH,

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AGED ABOUT 30 YEARS, UNEMPLOYEE, VANGALLU, SPSR NELLOSRE DISTRICT.

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MARAM. SREEHARI, S/O VENKATAIAH, AGED ABOUT 30 YEARS, UNEMPLOYEE VANGALLU, SPSR NELLORE DIST.

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CHEEKAVOLU NAVA KUMAR,, S/O CH. PENCHALAIAH AGED ABOUT 31 YEARS UNEMPLOYEE TANAMCHERLA, RAPUR MANDAL, SPSR NELLORE DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, REP. BY ITS PRL. SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522503

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THE STATE OF ANDHARA PRADESH, IRRIGATION AND CAD (RR) DEPARTMENT, REP. BY ITS PRL. SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522503

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THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT- 524001

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THE CHIEF ENGINEER, TELUGU GANGA OFFICE, ALIPIRI BYPASS ROAD, SRINIVASA NAGAR, TIRUPATHI-517507.

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THE SUPERINTENDING ENGINEER, S.S.L.C AND S.B. CIRCLE, NELLORE, SPSR NELLORE DISTRICT 524001

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...RESPONDENT(S):

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The Court made the following ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5, in not including the names of the petitioners in the Seniority list of 106 candidates, who seek employment under the displaced persons quota of Kandaleru Reservoir Project vide Memo No.641/R and R-A2/2012-2, dated 26.12.2014 of the 1st respondent, as per eligibility in terms of G.O.Ms.No.98 Irrigation and CAD (PW) Dept.dt.15.04.1986, as illegal, unjust, arbitrary, contrary to Articles 14 and 16 of Constitution of India and consequently to direct the respondents-Authorities, to include the names of the petitioners in the seniority list under displaced persons quota of Kandaleru Reservoir Project and appoint in any suitable post and to pass….”

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

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The present writ petition is filed seeking to declare the action of respondents 2 to 5 in not including the names of the petitioners in the seniority list of 106 candidates who seek employment under the Displaced Persons quota of the Kandaleru Reservoir Project, pursuant to Memo No.641/R and R-A2/2012-2 dated 26.12.2014 issued by the 1st respondent, despite their eligibility in terms of G.O.Ms.No.98, Irrigation and CAD (PW) Department, dated 15.04.1986, as illegal, unjust, and arbitrary.

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The learned counsel for the petitioners 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 petitioners are also entitled to the same relief.

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4 The petitioners 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 petitioners also brought to the notice of this Court the observations in W.A.No.356 of 2023. Certain writ petitions, wherein rejection of the cases of the petitioners 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 petitioners 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.

JUSTICE D RAMESH

klk

26.02.2026

153

THE HONOURABLE SRI JUSTICE D RAMESH