HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.1147 of 2010 ORDER: This Writ Petition is filed for a Mandamus declaring the action of respondent No.3 in issuing the impugned list of 41 ineligible applications, dated 10.01.2010, as illegal and arbitrary, and further, direct the respondents to consider the list of 170 eligible applications for the purpose of appointments, as per G.O.Ms.No.98, dated 15.04.1986, against the posts reserved for displaced persons under the Telugu Ganga project. The petitioners also sought for a consequential direction to the respondents to consider their cases for appointment in terms of the said G.O. 2. The brief facts of the case that are necessary for disposal of the Writ Petition may be as follows: - The lands belonging to the families of the petitioners were acquired during the years 1983-84 for the purpose of construction of Telugu Ganga project and that they were displaced from the village during the year 2005. In this regard, the petitioners filed applications for consideration of their cases for appointment as per G.O.Ms.No.98, dated 15.04.1986, against the vacancies reserved for the displaced persons. Later, the names of the petitioners were shown in the list of eligible applications, which was forwarded to the Chief Engineer, who, in turn, forwarded the same to the first respondent for approval and the same was approved. However, to their utter surprise, the third respondent published the impugned list of 41 candidates, which includes the names of the petitioners, stating that the petitioners are ineligible for appointment as they are married. Questioning the same, the present Writ Petition is filed. 3. The third respondent filed a counter-affidavit inter alia stating that though initially, on the enquiry, the petitioners were found eligible for considering their cases for appointment in terms of the said G.O., and their names were included in the list of eligible candidates to be appointed, subsequently, during the re-enquiry, it was found that they have got married and left the village and settled elsewhere and hence, their names were deleted from the list of eligible candidates. 4. Learned counsel for the petitioner contended that though the petitioners are eligible for appointment against the vacancies reserved for the displaced persons under Telugu Ganga project, they were not given appointment and hence, prays to issue directions to the respondents to appoint the petitioners to a suitable post. 5. Learned Assistant Government Pleader for Irrigation and Command Area Development, appearing for respondent Nos.1 to 3, on instructions, submitted that as per the verification made by the Revenue Divisional Officer and also as per the verification report of the Special Deputy Collector, Telugu Ganga Project (Unit-I), Kadapa, the petitioners are found ineligible for appointment in terms of the said G.O. 6. On the ground that the petitioners were married their names were not included in the list of eligible persons to be appointed in the category of displaced persons of the Telugu Ganga project. However, it is noticed that the petitioners have made application on 01.04.2005, i.e., before their marriage, for consideration of their cases for appointment in terms of G.O.Ms.No.98, dated 15.04.1986. Therefore, when the petitioners fulfill the required criteria for appointment under the category of displaced persons, the respondents ought to have considered their cases positively. 7. The list of eligible and ineligible candidates filed by the Superintending Engineer, Telugu Ganga Project Circle, Kadapa, which is based on the verification report of the Special Deputy Collector, Telugu Ganga Project (I), Kadapa, filed along with the counter-affidavit, clearly goes to show that the petitioner was found eligible to be appointed in a suitable post under the category of displaced persons of Telugu Ganga project. 8. For the foregoing reasons, the Writ Petition is allowed, directing the respondents to consider the cases of the petitioners by appointing them in suitable posts under the category of displaced persons of Telugu Ganga project, as per G.O.Ms.No.98, dated 15.04.19896. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 25th November 2011 DR