Venkatanna vs State Of AP.

This writ petition is filed seeking to call for the records relating to the speaking order No.SE/PJP/AB/EC2/1846 dated 07.12.2013 issued by respondent No.4 and set aside the same and consequently to direct the respondents to appoint the petitioner in anyone of the last grade post under Displaced Persons Quota in terms of G.O.Ms.No.98 dated 15.04.1986 with all attendant benefits.

The facts of the case, in brief, are that the petitioner, who is a resident of Revulapally, Gadwal Taluq, Mahabubnagar, is an unemployee. It is stated that the petitioner is having small extent of land i.e., Ac.3.23 guntas in Survey No.813 of Revulapally Village and the said land has been acquired by the respondents for the purpose of construction of Priyadarshini Jurala Project. An Award to that effect was passed vide Award No.13/1982 dated 04.06.1982. The District Collector has issued a Certificate dated 14.9.1989 by paying an amount of Rs.8,572/-. It is stated that the petitioner has submitted a representation to the respondents for appointment in any of the last grade post under Displaced Persons Quota by enclosing all necessary certificates, as per G.O.Ms.No.98 dated 15.04.1986. The respondent No.4 has issued a call letter to the petitioner vide Lr.No.PJP.I/AV/ E2/1917/3905, dated 22.12.1989 to attend the interview with all certificates by enclosing list of candidates. In the said list, the name of the petitioner was figured at Sl. No.13, out of 43 candidates. However, the petitioner has not been appointed in terms of the said G.O.Ms.No.98, dated 15.04.1986.

It is further stated that in the year 2011, respondent No.4 has prepared a list of eligible candidates, whose lands were sub-merged, for appointment in terms of G.O.Ms.No.98, dated 15.04.1986, under displacement quota. In the said list, respondent No.4 has included 109 candidates, but the name of the petitioner has not been included. It is further stated that the petitioner has submitted a detailed representation dated 21.08.2013 for inclusion of his name in the list prepared by respondent No.4 in the year 2011, as per his seniority, for providing appointment under displacement quota in terms of G.O.Ms.No.98 dated 15.04.1986, but no action has been taken. Hence, the petitioner has approached the Tribunal by filing O.A.No.7289 of 2013.

The Tribunal vide order dated 09.10.2013 directed the respondents to consider the claim of the petitioner for appointment under displacement quota in terms of G.O.Ms.No.98 dated 15.04.1986 within a period of six weeks from the date of receipt of such order. But, surprisingly, respondent No.4 has passed the impugned speaking order vide Proceeding Nos.SE/PJP/AB/EC2/1846 dated 07.12.2013 rejecting the claim of the petitioner on the ground that he is not having minimum academic qualification i.e., 5th class pass and that he is illiterate. It is stated that though similarly situated persons, who were not having any qualification, were appointed by the respondents in terms of G.O.Ms.No.98 dated 15.04.1986, under displacement quota, the respondents have rejected the case of the petitioner.

A counter affidavit has been filed on behalf of respondent Nos.1 to 4 denying the petition averments and stating that vide G.O.Ms.No.98 dated 15.04.1986, the Government has issued a scheme for project displaced persons enumerating seven conditions i.e., (1) the persons, who were given recruitment should be absorbed permanently, (2) 50% of the vacancies are required to be earmarked for providing employment to the displaced families, (3) applications should be within one year, (4) they should be within the age, (5) they should have academic qualification, (6) the land must be affected in the project and (7) there should not be an earning member in the family. It is further stated that the award was passed on 04.06.1982 and the representation has been made by the petitioner on 23.09.1989 i.e., more than six months of passing of the award.

It is further stated that pursuant to the call letter dated 22.12.1989, the petitioner attended the interview on 09.01.1990, but his application was rejected on the ground that he was illiterate. It is further stated that 23 years thereafter, the petitioner made a representation to the District Collector on 21.08.2013 and that he has also approached the Tribunal by filing O.A.No.7289 of 2013. The Tribunal has disposed of the said O.A on 09.10.2013 directing the respondents to consider the case of the applicant for appointment under displacement quota to a suitable post as per G.O.Ms.No.98 dated 15.04.1986 by including his name in the list prepared for giving appointment to the displaced persons and pass appropriate orders within a period of six weeks from the date of receipt of a copy of the said order.

It is further stated that the A.P. Last Grade Service Rules are not applicable to the case of the petitioner, as he is seeking appointment under G.O.Ms.No.98 dated 15.04.1986 and even as per the said Last Grade Service Rules, the minimum qualification for the last grade posts is 5th class and therefore, the respondents have rightly rejected his case.

Heard Sri Raghavendra Reddy, the learned counsel for the petitioner and the learned Government Pleader for Irrigation and Command Area Development for the respondents. Perused the record.

The learned counsel for the petitioner contended that the petitioner is entitled for appointment under displaced persons quota in terms of G.O.Ms.No.98 dated 15.04.1986. He further contended that even as per the A.P. Last Grade Service Rules, the minimum qualification to hold the last grade post is only read and write, but, the respondent No.4 vide the impugned speaking order dated 07.12.2013 has rejected the claim of the petitioner on the ground that the petitioner did not possess minimum educational qualification of 5th class pass, and therefore, he prayed to set aside the impugned speaking order dated 07.12.2013.

On the other hand, the learned Government Pleader has contended that the petitioner has not submitted the application within one year, which is one of the conditions stipulated in G.O.Ms.No.98 dated 15.04.1986; that the A.P. Last Grade Service Rules are not applicable to the case of the petitioner, as the petitioner is seeking appointment in terms of G.O.Ms.No.98 dated 15.04.1986 and that as per the State and Subordinate Service Rules, the minimum educational qualification for the last grade post is 5th class pass. The learned Government Pleader further contended that the petitioner has not submitted any certificate in proof of educational qualification at the time of interview, which was conducted on 09.01.1990.

The learned Government Pleader further contended that challenging the speaking order dated 07.12.2013, the petitioner has filed O.A.No.9238 of 2013 and that in the said O.A., the petitioner has filed M.A.No.959 of 2014 seeking permission to raise additional grounds in the said O.A. The learned Government Pleader further contended that the date of birth of the petitioner in the employment card and the certificate filed along with the said M.A is altogether different and therefore, the genuinity of the said certificate is doubtful.

A perusal of the record discloses that the petitioner’s land, admeasuring Acs.3.23 guntas situated in Survey No.813 of Revulapally Village, was acquired for the purpose of construction of Priyadarshini Jurala Project Earth Dam Roads, by the Special Deputy Collector, LA Unit, PJP Gadwal. An award to that effect was passed on 04.06.1982 vide Award No.13/82. The District Collector has issued the Certificate dated 14.09.1989 by awarding an amount of Rs.8,572/-. The petitioner has submitted an application pursuant to G.O.Ms.No.98 dated 15.04.1986, under displaced persons quota. However, his application was rejected on the ground that he did not produce any study certificate in proof of educational qualification.

After a lapse of 23 years from the date of his interview, the petitioner has approached the Tribunal and filed O.A.No.7289 of 2013 and the Tribunal has disposed of the said O.A. on 09.10.2013 directing the respondents to consider the case of the petitioner for appointment in a suitable post under displacement quota as per G.O.Ms.No.98 dated 15.04.1986. Pursuant to the said order, the respondents have considered the case of the petitioner and passed the impugned speaking order rejecting his case on the ground that the candidate should have academic qualification i.e., 5th class pass for Watchman and that the petitioner is an illiterate.

As per Clause 4(iii) of G.O.Ms.No.98 dated 15.04.1986, the application has to be made within one year from the date of actual displacement of the family. Subsequently, the Government had issued Memo No.480, dated 24.08.1987 relaxing the said condition of applying for appointment within one year from the date of actual displacement does not apply to such persons/ families, who were displaced prior to the issuance of the said G.O., and requested the District Collectors to forward the applications of the displaced persons to the concerned Project Authorities for appointment even though they have submitted the application after one year of their displacement.

In view of the above, the contention of the respondents that the petitioner has not submitted the application within one year of his displacement is not tenable.

A perusal of the Bonafide Certificate dated 27.01.2014, which is issued by the Head Master, Primary School, Uppara Village, Dharur Mandal, Mahabubnagar District, discloses that the petitioner has passed 5th class in the year 1976. Except disputing the said Bonafide Certificate, the respondents have not placed on record any material disproving the said Bonafide Certificate. In view of the same, the contention of the learned Government Pleader that there is a doubt as to the genuinity of the said Bonafide Certificate cannot be countenanced.

In view of the facts and circumstances of the case and the material available on record, it is clear that the petitioner has made the application for appointment under displaced persons quota within the time and he was also possessing required qualification.

In the light of the above, the impugned order dated 07.12.2023 is set aside and the respondents are directed to consider the application of the petitioner for appointment in any of the last grade post, duly taking into consideration the Bonafide Certificate dated 27.01.2014 and pass a reasoned order within a period of eight weeks from the date of receipt of a copy of this order.

The writ petition is accordingly allowed.

Pending Miscellaneous Applications, if any, shall stand closed.