Andhra Pradesh High Court Upholds Employment Rights for Displaced Persons Under Telugu Ganga Project

Court affirms entitlement to compassionate employment despite delays in application submission due to relaxed government policy.

In a significant ruling, the Andhra Pradesh High Court has reinforced the rights of displaced persons under the Telugu Ganga Project to obtain employment, as per the government policy outlined in G.O.Ms.No.98, dated April 15, 1986. The Division Bench, consisting of Justices Battu Devanand and A. Hari Haranadha Sarma, dismissed the state's appeal against a single judge's decision, which favored the petitioners seeking employment under the displaced persons quota.

The writ appeal arose from a case involving family members of individuals displaced due to land acquisition for the Telugu Ganga Project. Despite the project's initiation and subsequent displacement occurring in 2005, the petitioners had not applied for employment within the initially stipulated one-year period. The state argued that the applications submitted by the petitioners were time-barred based on a cutoff date established as September 18, 2006.

However, the High Court emphasized that the condition requiring applications to be submitted within one year was relaxed by a government memo issued on August 24, 1987, allowing displaced persons who were affected prior to the issuance of G.O.Ms.No.98 to apply without the limitation of time. The court noted that similar claims had previously been granted and reiterated the state's obligation to fulfill promises made under rehabilitation schemes.

The court's decision is grounded in the principles of social security and rehabilitation, which are central to government policies aimed at providing employment to displaced persons. The judgment highlighted that rejecting claims solely on technical grounds or delays is unsustainable when the government has relaxed the application conditions.

The court also acknowledged the importance of timely implementation of rehabilitation promises to maintain public trust and prevent unrest. It criticized the state's failure to adhere to its commitment to displaced persons, stressing that such policies are designed to compensate for the loss of livelihood and ensure immediate rehabilitation.

Legal experts view the ruling as a reinforcement of the judiciary's role in upholding social justice and ensuring that government policies are executed in true spirit. The judgment serves as a reminder to state authorities to implement rehabilitation schemes promptly and avoid technicalities that undermine the state's promises to displaced persons.

Bottom Line:

Displaced persons due to land acquisition under Telugu Ganga Project are entitled to employment under G.O.Ms.No.98, dated 15.04.1986, despite delayed applications due to relaxed limitation condition under Memo No.480-LAR(2)/87-2, dated 24.08.1987.

Statutory provision(s): G.O.Ms.No.98, dated 15.04.1986; Memo No.480-LAR(2)/87-2, dated 24.08.1987.

State of Andhra Pradesh v. Rajola Jagannadha Reddy, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2810137