T. SREEDHAR Vs. CHIEF ENGINEER

JUDGEMENT

(1.) The petitioner before this Court seeking the following relief:

(2.) This case has a long history. The lands of the petitioner and others fell within Somasila project. After their lands were submerged the petitioner and othersbecame displaced persons. On 15.04.1986 the Government issued G.O.Ms.No.98 for providing appointment for the eligible displaced candidates in major and medium irrigation and power projects. Despite the existence of this G.O., the petitioner and many others like him could not get any placement. Therefore, number of litigations were started and cases were being filed. This case is one amongst them, wherein the petitioner is seeking a relief that he should be included in the "first seniority list" without being relegated to the main list. Both the Writ Petition and the Contempt Case are taken up for hearing together.

(3.) This Court has heard Sri A.Phani Bhusan, learned counsel for the petitioner. Learned counsel for the petitioner argues that in view of the clear and categorical stand taken by the Government represented by its Secretary in the Memos dated 21.08.2017, letters dated 05.07.2017, Memo dated 28.05.2017 and memo dated 04.12.2017 the petitioner is entitled to be put in separate list along with 1258 others and to be included in the first phase seniority list. It is his contention that the memo dated 21.08.2017 is a final order passed on the subject. He draws the attention of this Court to the letter dated 05.07.2017 issued by the Chief Engineer, NTR Telugu Ganga Project, addressed to the Secretary, Irrigation Water Resources Department. Learned counsel draws the attention of this Court to the concluding portion wherein the Chief Engineer sought necessary permission to "separate" the names of the eligible displaced persons from the second phase seniority list and include them in the first phase seniority list at appropriate place interms of G.O.Ms.No.98. The order that is passed thereon as per the learned counsel is in the Memo dated 21.08.2017. The learned counsel points out that the Secretary to the Government has given permission to the Chief Engineer to separate the names of the 1259 displaced persons from the second phase list and to approve their 1259 names and include them in the first phase seniority list at the appropriate place under the Somasila Project (if it is genuine; as per the orders issued; as per the rules etc.,). Therefore, the learned counsel submits that if the proposals of the petitioner and others are genuine and they have the eligibility and suitability they have a right to demand that they should be included in the first phase seniority list. The prayer in the Writ Petition is questioning the inaction of the 1stand the 2nd respondents inkeeping the proposals pending, despite the above.