IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.30787 of 2011 Between: Sare Padmaja … Petitioner and The Superintending Engineer, N.T.R. Telugu Ganga Project (Circle), Mamillapalli, YSR District Kadapa and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.30787 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondents in not including the name of the petitioner in place of her father at Sl.No.81 in the master register in the displaced persons quota eligible for appointment under G.O.Ms.No.98, dated 15.04.1986 and as per the Government Memo No.23152, dated 03.11.2010, as arbitrary and illegal and consequently to direct the respondents to consider and appoint the petitioner in any suitable post under displaced persons quota. The case of the petitioner, in brief, is that the petitioner’s land and house were acquired for Sri Pothuluri Veera Brahmendra Swamy Reservoir Project under Telugu Ganga Project during the year 1984-1988 and thereafter, awarded compensation. While so, the Government has issued G.O.Ms. No.98, dated 15.04.1986 directing that the land oustees be provided with employment to the extent of 50% of vacancies that arise in the project. Accordingly, father of the petitioner made an application for employment under the displaced persons quota and his name was included in the list of displaced persons for employment. However, as of now, the age of the father of the petitioner is 42 and no employment is provided to him. It is further submitted that the Government has issued Memo No.23152, dated 03.11.2010 instructing the authorities to provide employment to displaced persons or dependants. As per the said memo, as she is the sole dependant on her father, she is eligible for appointment under the said G.O., since her father is aged 42 years and he is not keeping good health and her father submitted a letter to that effect. Thereafter, the petitioner made a representation dated 22.08.2011 seeking inclusion of her name for employment in the place of her father but the respondents are not considering the same. Hence, the petitioner filed the present writ petition. The learned counsel for the petitioner would submit that the petitioner is an un- employee and she is the sole dependant daughter on her father. As per the G.O. Ms.No.98, dated 15.04.1986 her father’s name was recorded at Sl.No.81 in the Master Register for providing employment. As the father of the petitioner is aged 42 years and he was not provided with any employment under the displaced persons quota and the Government has issued Memo No.23152, dated 03.11.2010 instructing the authorities to provide employment to displaced persons or dependants, the petitioner became eligible for employment under the said quota. Therefore, the name of the petitioner needs to be recorded in the Master Register in place of her father. He further submitted that bringing all the above facts, the petitioner made a representation dated 22.08.2011 to the 1st respondent for inclusion of her name for employment, but the respondents did not consider her case. Therefore, the respondents may be directed to consider the case of the petitioner. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents and perused the material on record. From a perusal of the record, it is not in dispute that the Government has issued Memo No.23152, dated 03.11.2010 contemplating the scheme of rehabilitation for providing employment to the displaced persons or their dependants, which reads as under: “3. In view of the above, Government have carefully examined the matter and the following clarification is issued; “All eligible replaced persons or their spouse/son/daughter as per the provision already available at Para (i) of G O Ms.No.98, Irrigation (Project Wing) Department, dated 15.04.1986 whose applications were received under the specified time limit but could not be provided employment so far due to administrative reasons may be considered for employment subject to fulfilling all other eligibility criteria prescribed under the category of job. This benefit shall not be extended those displaced families, who have already in employment under 4. All the District Collectors/Engineer-in-Chiefs/Chief Engineers of irrigation projects are requested to keep in view the prescribed check list annexed to this. Memo, containing the eligibility criteria as mentioned in various Government Orders/Memos, issued on the subject from time to time while applications are scrutinized by the District Selection Committee and prepare an integrated seniority list keeping in view the above clarification at para (3) in order to ensure that all displaced families will get the benefit of employment as envisaged by the Government in G O Ms.No.98, Irrigation & CAD (PW) Department, dated 15.04.1986. 5. Further, this exercise will be limited to only those projects where there is conflict between G O. Ms.No.98, Irrigation & CAD (PW) Department, dated 15.04.1986, G O Ms.No.148, Irrigation & CAD (Projects Wing-LAR-2) Department, dated 13 August, 1991, G O Ms.No.44, Irrigation & CAD (PW) Department, dated 31.03.1999 and G O Ms.No.247, Irrigation & CAD (PW:LA:IV:R&R) Department, dated 29.12.2008 with regard to qualifying age. While finalizing the list of eligible candidates the aspect of qualifying age shall be reckoned with any of the above mentioned government orders ensuing that every displaced family get the benefit of employment under the scheme as and when vacancies arises. The seniority list prepared as per above guidelines may be sent to the government for approval in case fresh approvals are required. Any deviation/lapses in this matter will be viewed seriously and responsibility will be fixed on the persons concerned and disciplinary action will be initiated against them.” As could be seen from the above, it is clear that the Government has directed all District Collectors/Engineer-in-Chiefs/Chief Engineers of Irrigation Projects to keep in view the prescribed check list and to prepare an integrated seniority list as per the guidelines contemplated in this regard and may be sent to the Government for approval. Therefore, the contention of the learned counsel for the petitioner is that the petitioner made an application dated 22.08.2011 to the 1st respondent for inclusion of her name in place of her father and the same has not been considered sofar. In that view of the matter, I deem it appropriate to dispose of this writ petition with the following direction. The respondents are directed to consider the case of the petitioner by considering the representation dated 22.08.2011, stated to have been made by the petitioner to the 1st respondent seeking for inclusion of her name in place of her father, and take action, in accordance with law, within a period of two months, from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 22.11.2011 Note: Furnish C.C. in three days. B/o. LSK