The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not providing employment to the petitioner though as was done in case of similarly situated persons in W.P.No.2498 of 2015 in terms of G.O.Ms.No. 266 dated 19/9/1994 and G.O.Ms.No. 98 lrrigation (Project Wing) dated 151411986 and G.O.Ms.No. 247 lrrigation and CAD (Project Wing LA lV R and R) dated 2911212008 is illegal arbitrary and violation Article 14, 16 and 2'l of the Constitution of lndia and also Lr No. CE/KTPS(O and M)/SE/Adm/DE/Adm/PO/Adm/AM-B/8. 5/D. No. 7 41 1 I, Dated 271912019 setaside the same and Consequently direct the respondents to appoint the petitioner in the respondents office under Land losers quota as G.O.Ms.No. 266 dated 191911994 and G.O.Ms.No. 98 lrrigation (Project Wing) dated 151411986 and G.O.Ms.No.247 lrrigation and CAD (Project Wing LA lV R and R) dated 2911212008 lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to consider the case of the petitioner for appointment in any suitable post in the respondents office as was done in case of similarly situated persons in W.P.No. 2498 of 2015 by suspending the Lr No. CE/KTPS(O and M)/SE/Adm/DE/Adm/PO/Adm/ AM-B/B.5/D.No. 74119, Dated 271912019 issued the Sth respondent, pending disposal of W.P Counsel for the Petitioner: SRI G. ALLABAKASH Counsel for Respondent No. 1: GP FOR IRRIGATION AND CAD Counsel for Respondent Nos. 2 to 5: SRI S. SRINIVASA SRIKANTH The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHTEMAPAI{A WRIT PETITION No.27445 of 2OL9 ORDER: This writ petition is filed seeking following relief: "Declaring the action of the respondents in not providing employment to the petitioner though as was done in case of similarly situated persons in W.P.No.2498 of 2015 in terms of G.O.Ms.No.266 dated 19.O9.1994 and G.O.Ms.No.98 Irrigation (Project Wing) dated 15.04.1986 and G.O.Ms.No.247 Irrigation & CAD (Project Wing LA IV R & R) dated 29.12.2OO8 and also Lr. No. CE/KTPS (O & M)/SE/Adrn/DE / AdrnlPo /Adm/AM- B/B.5/D.No.74/ 19, dated 27.09.2O19 and prays to set aside the same and prays to direct the respondents to appoint the petitioner in the respondents office under Land losers quota as G.O.Ms.No.266 dated 19.09.1994 and G.O.Ms.No.98 Irrigation (Project Wing) dated 15.04.1986 and G.O.Ms.No.247 lrrigation & CAD (Project Wing LA IV R & R) dated 29.12.2OO8."

2. Heard Sri G. Allabakash, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation and Command Area Development for respondent No.1 and Sri Srinivasa Srikanth, learned counsel for respondent No.2.

3. The case of the petitioner is that she is a dependant of land 2 loser and co-sharer of the land and their lands were acquired an extent of Ac.1.OO guntas each in Survey No.9O/ 1 situated at Patha Surram Village, Paloncha Mandal in Bhadradri Kothagudem District previously under Khammam District in the year 2009 for establishment of construction of Norther Ash Pond-II, Palvoncha KPTS. An award No.B/ lL95/2OO4 was passed on 23.06.20O9 by paying a meager compensation by assuring that the land losers of one of the family member witl be provided employment by appointing under scheme envisaged G.O.Ms.No.98 dated

15.04.1986 and G.O.Ms.No.247 lrrigation & CAD (Project Wing LA IV R&R) dated 29 .l2.2OOg to them in spite of several . representations submitted by her and as per the above said GOs they are entitled for employment under land losers quota SoYo in the existing vacancies. It is also brought to the notice of this Court that in similar circumstances some of the land losers have filed w.P.No.2498 of 2015 before this Court and this Court passed orders by directing the respondent Nos.2 and 3 to consider the cases of the petitioners also in the land losers categories on par with the similar situated other persons subject to availabitit5r of vacancies within a period of two months from the date of order and 3 as per the said order of this Court, the respondents issued posting orders as Junior Assistants in their office ui.de proceedings dated

30.03.2015 but case of the petitioner was not considered by the respondents. It is further submitted that respondent No.5 issued 4. Lr.No.CEIKTPS (o & M) /SE/Adm/DE/Adm /Po / Adm/AM- B/B.5lD.No.74/19, dated 27.O9.2019 stating that her application is not within period of one year from the date of acquisition hence her application was rejected and in this connection she submitted that her father had submitted an application dated 10.03.2010 requesting the District Collector, Khammam to provide employment to his daughter under land loser's quota but no employment was provided and after waiting for a long time again submitted another application on 05.O7.2OL9 to the Chief Engineer, KTPS, Paloncha requesting to provide employment but without getting information from the District Collector, Khammam in arbitrary manner rejected the case of the petitioner on the ground that she has not submitted application within one year from the date of land acquisition of land. It is further stated that number of persons were appointed by the respondents as Junior Plant Assistants and Junior Assistants in the office of respondent 4 Nos.2, 3 and 5, though, she is fully eligible and qualified for appointment in any suitable post in the TSGENCO or any other office in the state of Telangana and thus prayed to allow this writ petition by setting aside the letter dated 27.O9.2019 issued by the respondent No.5 and prays to direct the respondents to provide her employment in terms of G.O.Ms.No.266 dated 19.O9.I994, G.O.Ms.No.9B of Irrigation (Project Wing) dated 15.04.1986 and G.O.Ms.No.247 of Irrigation & CAD (Project Wing LA IV R & R) dated 29.12.2OO8.

5. In a counter filed by the respondents it is stated that petitioner did not submit any representation to the respondent corporation for providing employment under land loser quota within a period of one year and made her representation in the year 2O1B i.e., after a lapse of 9 years of land acquisition. It is further stated that name of the petitioner was not recommended by the District Selection Committee and thus petitioner is not eligible for claiming employment under land loser quota at KTPS. It is further stated that as per G.O.Ms.No.98, issued by the Irrigation (PW) Department, the land loser have to submit an application for appointment to the District Collector concerned within a period of one year from the date of actual displacement of 5 the family and also in view of the orders passed by this Court in W.P.No.2498 of 2015, it is submitted that individuals can be considered for employment under land losers' quota only after their names are recommended by the District Collector but the displaced family did not submit any application within the stipulated time period of one year to become eligible for employment and thus submitted that the present writ petition is liable to be dismissed.

6. A perusal of the record discloses that process of iand acquisition took place in the year 2OO9 on the ground that land losers of one of the family member will be provided employment by appointing under the scheme envisaged G.O.Ms.No.98 dated

15.O4.1986 but as per G.O.Ms.No.98, issued by the Irrigation (PW) Department, dated 15.04.1986, the land loser have to submit an application for. appointment to the District Collector concerned within a period of one year from the date of actual displacement of the family. In the instant case, it is made clear that petitioner submitted application for employment under the land losers' scheme after a lapse of 9 years and therefore taking into consideration averments made in the counter and also taking into consideration delay of 9 years in submitting the application by the 6 petitioner, this Court finds not reason or merits to set aside the Lr.No.CE/KTPS (o & M)/SE/Adrn/DlE_/Adm/PO/Adm/AM- B/8.5/D.No.74/19, dated 27.O9.2019 dated 27.O9.2019 issued by the respondent No.5.

7. In the result, the writ petition is dismissed. There shall be no order as to costs. Miscellaneous applications, pending if ooy, shall stand closed SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR NOTE: That the Cause title of the Petitioner' s husband name read in the order dated 30.06.2025 in WP.No.27MS of 2019 is corrected and substituted as per the orders of the Hon' ble court dated 15.12.2025 in lA.No.l ot 2O25. This amended order shall substitute the earlier order which has been dispatched on dt: 07.10.2025. //TRUE COPY// A.SRINIVASA REDDY TANT REGISTRAR SECTION OFFICER To,

1. One CC to Sri G Allabakash Advocate [OPUC] 2. Two CCs to GP For lrrigation And CAD,High Court for the State of Telangana. AW 3. One CC to Sri Srinivasa Srikanth, Advocate (OPUC) t/W 4. Two CD Copies - MBC/PSK I I l l i I I HIGH COURT NBK,J DATED: 3010612025 15t12t2025 \ HE SA o L) $ illi AMENDED ORDER WP.No.27445 of 2019 DISMISSING THE WRIT PETITION 1 \q\ N"