IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY AND THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 1727 of 2009 Between: 1 M. Srinivasulu S/o. China Subbaiah R/o. Harinathpuram, Nellore, Nellore District. 2 G. Venkata Siva Reddy S/o. Konda Reddy R/o. Badwel Town, Kadapa District. 3 N. Chinnapu Reddy S/o. Penchalaiah R/o. Kaluvai, Nellore District. 4 P. Ravichandra Reddy S/o. P.C. Subbaiah R/o. Madhavaram, Siddaout Mandal, Kadapa District. 5 M. Ramanamma D/o. Lakshmi Reddy R/o. Badwel Town, Kadapa District. 6 C. Jayamma D/o. Ramaiah R/o. Badwel Town, Kadapa District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep. by its Secretary I & CAD Department, Secretariat, Hyderabad. 2 The District Collector / Chairman Selection Committee, Kadapa, Kadapa District. 3 The Chief Engineer-cum-Member Convenor, Selection Committee, Telugu Ganga Project, Srikalahasti, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction particularly one in the nature of Writ of Certiorari calling for the records of impugned Judgment in O.A.No.5681 of 2005 dated 30.12.2008 on the file of the Full Bench of Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal and without jurisdiction and consequently allow the O.A. as prayed for. Counsel for the Petitioner: MR.S.LAKSHMA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 4685 of 2009 Between: M. Venkata Ramana Reddy S/o. Venkata Reddy Kollure (V), Kalavahi (M), Nellore Dist. ..... PETITIONER AND 1. The Government of Andhra Pradesh Rep. by its Secretary I & CAD Department, Secretariat, Hyderabad. 2. The District Collector / Chairman Selection Committee Kadapa, Kadapa Dist. 3. The Chief Engineer cum Member Convenor Selection Committee Srikalahasti, Chittoor Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ order or direction more particularly one in the nature of Writ of 'Certiorari' calling for the records relating to the order passed in OA.No. 585/2006 dated 30-12-2008 by the Hon'ble A.P. Administrative Tribunal and quash the same as illegal and without jurisdiction and consequently allow the relief prayed in OA.No. 585/2006 as prayed for. Counsel for the Petitioner: MR.M.RATNA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.1727 OF 2009 AND W.P.NO.4685 OF 2009 COMMON ORDER: (PER AGRJ) The petitioners by means of filing this petition under Article 226 of the Constitution seeks a rule from this Court for calling up the records relating to the order passed in O.A.No.5681 of 2005 and O.A.No.585 of 2006, dated 30.12.2008 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad and for quashing the same. 2. The petitioners, who filed applications for appointment against any suitable posts reserved for displaced persons under G.O.Ms.No.98, dated 15.04.1986 on the basis of the qualifications possessed by them, after duly including their names in the list of displaced persons in terms of the dictum of law laid down by this Court in W.P.No.31480 of 1998 dated 22.06.2005, without reference to the factum of minimum age as on the date of passing of the award. As their cases were not considered, the petitioners sought to declare the said inaction, as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to hold that the applicants are entitled for appointment against any suitable posts reserved for displaced persons like, Junior Assistant/Typist/Draughtsman/Attenders etc. under G.O.Ms.No.98, dated 15.04.1986. 3. The Tribunal by its impugned order, after noticing the paragrph No.3 in G.O.M.S.No.44, Irrigation & CAD (PW) Department, dated 31.03.1999, which is modified through G.O.Ms.No.247, Irrigation & CAD(PWW.LA.IV-R&R) Department dated 29.12.2008, whereby the Government accorded permission to determine the qualifying age of the displaced persons for employment with reference to the date of the award or the date of taking possession (advance possession as the case may be) or during the interrugnum period; directed to examine the case of the petitioners in the light of G.O.Ms.No.247, Irrigation & CAD (PW.LA.IV-R&R) Department, dated 29.12.2008 and pass appropriate orders within twelve weeks from the date of receipt of the order and disposed of O.As along with other batch of OAs. 4. Heard the counsel for the petitioners, Government Pleader for Irrigation and Command Area Development and Government Pleader for Services II. 5. The petitioners in both O.As., claim that they come under the displaced persons category as per G.O.Ms.No.98, dated 15.04.1986, where the Government decided to provide an employment to the displaced persons or their dependents whose lands/houses were submerged. G.O.Ms.No.98, dated 15.4.1986 has been modified by G.O.Ms.No.148, dated 01.08.1991 and modified through G.O.Ms.No.266, dated 19.09.1999 and G.O.Ms.No.44, dated 31.03.1999. It is not in dispute that G.O.Ms.No.98, dated 15.04.1986 has been modified through G.O.Ms.No.148, dated 01.08.1991 where orders were issued for determining the qualifying age of the displaced persons for employment in terms of G.O.Ms.No.98, the date of passing of award shall be taken into consideration. By G.O.Ms.No.266, dated 19.09.1999, the Government has issued orders constituting the Selection Committee with the District Collector concerned as Chairman, Joint Collector (District concerned) as Member and Chief Engineer of the concerned Project constituted by Government as Member-convenor. Again through G.O.Ms.No.44, dated 31.03.1999, the Government modified the orders issued in G.O.Ms.No.148, dated 01.08.1991 determining the qualifying age of the displaced persons for employment with reference to the date of the award or date of filling up of vacancy, whichever is later and also ordered that the appointment of the displaced persons in terms of G.O.Ms.No.266, dated 19.09.1999 shall continue as a measure of rehabilitation, subject to certain conditions. While the matter stood thus, Government issued G.O.Ms.No.247, dated 29.12.2008 modifying the qualifying age prescribed in G.O.Ms.No.44, dated 31.03.1999 to the effect that the displaced persons should be eligible either on the date of passing of award or on the date of taking possession (advance possession as the case may be) or during the interregnum period. 6. In view of the same, it is always open for the petitioners to challenge G.O.Ms.No.247, Irrigation & C.A.D (PW:LA.IV-R&R) Department, dated 29.12.2008 before the appropriate forum, if they are aggrieved by the amendment effected to the age qualification as referred above. In the absence of any challenge to the determination of the qualifying eligibility, as stated above, the petitioners’ cases have to be considered only as per the existing policy, but not on the policy existing prior to the modification. Therefore, we do not see any merit in the contention of the learned counsel for the petitioners. 7. Accordingly, the writ petitions are dismissed. No costs. ___________________ A.GOPAL REDDY,J Hyderabad Dated: 12.03.2009 ________________________ B.CHANDRA KUMAR,J HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.1727 OF 2009 AND W.P.NO.4685 OF 2009 DATED:12.03.2009