HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26217 of 2006
Date: April 28, 2014
Between:
1. The Harijana Labour Contract Co.op. Society, Kakani, Narasaraopet, rep. by its Manager M.Venkaiah & 4 others.
… Petitioners And
1. The Government of Andhra Pradesh, Municipal Administration and Development Dept., rep. by its Principal Secretary, Hyderabad & 25 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26217 of 2006
O R D E R:
Heard learned counsel for the petitioners and learned Government Pleader for the first respondent. None appeared for the other respondents.
2. The case of the petitioners is that the petitioners belong to Scheduled Castes and Scheduled Tribes and they are entitled for certain benefits like issuance of tender schedules at free of cost, exemption from payment of E.M.D and reservation of at least 15% of the works for entrustment to the societies such as the petitioners without participating in the tenders. They stated that this Court in Dalitjathi Labour Contract Co.op. Society, Hyderabad V . Commissioner, L.B. Nagar Municipality, R.R. District[1] held that an obligation is cast on municipalities to reserve at least 15% of the sanitation works for entrustment to Labour Contract Co.op. Societies of Scheduled Castes and Schedules Tribes. The petitioners earlier filed W.P. No.18888 of 2003, W.P. No.5239 of 2004 and W.P. No.24856 of 2005 etc., and in spite of the orders passed in those writ petitions the respondents have not been following the Memo.No.2054/J1/83-2 M.A., dated 07.10.1983, G.O.Rt.No.269 M.A., dated 07.04.1998, G.O.Ms.No.251 MA&UD (M2) Department, dated 28.05.2002 and G.O.Rt.No.581 M.A., dated 06.11.1996.
3. Learned Government Pleader on instructions states that the above G.Os. are in force as on today. Insofar as G.O.Ms.No.581 M.A., dated 06.11.1996 is concerned an amendment was made to para 2 (1) by deleting the same and keeping other conditions intact. The learned Government Pleader states that as per para 4 of G.O.Ms.No.251, MA & UD (M2) Department, dated 28.05.2002 the societies should participate in tenders called for by the municipalities, municipal corporations and willing to take up the work at lowest tender rates.
4. In the circumstances, it is needless to observe that it is obligatory on the part of the respondents to implement the orders passed by the Government from time to time. The Government orders cited above placed different conditions for their applications and if the petitioners fulfill those conditions, the said orders have to be implemented in the case of the petitioners.
5. The writ petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 28, 2014 BSB
94 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.26217 of 2006
Date: April 28, 2014
BSB
[1] 2003 (4) ALD 508