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High Court for State of TelanganaWP/43990/2016disposed of no costs

The State Of Andhra Pradesh, v. Sri Doddi Simhachalam,

2016-12-19V Ramasubramanian,A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.43990 OF 2016 ORDER: (Per VRS,J) The State has come up with the above Writ Petition challenging an order of the Andhra Pradesh Administrative Tribunal.

2. Heard learned Government Pleader for Services (A.P.). Mr. S. Satyam Reddy, learned Standing Counsel, appears for Mrs. K.V. Rajasree, who takes notice for respondent Nos.1 to 3.

3. The operative portion of the order of the Tribunal reads as follows:

"Taking into consideration the facts and circumstances of the case, the respondents are directed to complete the process in the matter of appointment of the applicants 1 to 4 by providing suitable employment in terms of G.O.Ms.No.98 Irrigation (PW) Department dated 15.04.1986 and other connected Government Orders / Memos issued from time to time within a period of six months from the date of receipt of a copy of the order. Accordingly, the O.A., is disposed of. No costs."

4. Contending that the provision of suitable employment to displaced persons has its own limitations and that within the limited parameters, the claims of all persons had to be considered, the State is before us.

W.P.No.43990 of 2016 VRS,J & AVSS,J

5. It appears that pursuant to the order of the Tribunal impugned in this Writ Petition, the office of the Superintending Engineer has passed an order, dated 26.02.2016, rejecting the claim of respondent Nos.1 to 4 for the present. The operative portion of the order, dated 26.02.2016, reads as follows:

"In this connection the Vengalarayasagaram project is already completed and the division was also defuncted long time back. Hence the question of further employment to the displaced families could not be entertained. The District Collector has also informed vide lr dt:22.04.2013 that it is not possible at this stage after completion of the works of defunct of Vengalarayasagaram Project.

The applicants are informed that the Government have also been addressed vide this office letter Nos. 6th & 8th cited and requested to issue suitable instructions regarding the matter of providing employment to the applications who are in O.A No.7232/2014 it may not possible at this stage as the project was completed and defuncted long back. Instructions awaited from the Government.

Hence the applicants are informed that as seen from the eligible displaced persons statement that many candidates are standing before the applicants. If the applicants here in will provide employment at this stage, the rule of reservation and roster points will be badly effected which is not in order in terms of G.O.Ms.No.98 Dt:15.04.1986.

In view of the above, the individuals are informed that suitable action will be taken soon after receipt of the instructions from the Government for provision of employment under displacement persons quota in the

W.P.No.43990 of 2016 VRS,J & AVSS,J defunct Vengalarayasagaram Project. Therefore it is not possible at this stage to provide employment to the applicants here in who are in the O.A 7232/2014."

6. Therefore, it appears that the order of the Tribunal impugned in this Writ Petition has worked itself out. If respondent Nos.1 to 4 are aggrieved, by the aforesaid order, they may have to workout their remedies in accordance with law.

7. With the above clarification, the Writ Petition is disposed of. Consequently, the Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. __________________________ V. RAMASUBRAMANIAN, J __________________ A.V. SESHA SAI, J December 19, 2016.

MD