Nune Swamy v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.1667 of 2019 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in not appointing the petitioner on compassionate grounds in lieu of death of his father (Sri Nune Mallaiah) as illegal and arbitrary and sought a consequential direction to the respondents to appoint the petitioner on compassionate grounds in any suitable post by taking into consideration his educational qualification.

Heard Mr.Srinivasa Rao Madiraju, learned counsel for petitioner and the learned Government Pleader for Services-II. It has been contended by the petitioner that his father, who was employed as Village Revenue Assistant with the respondents, expired on 30.03.2018. After the death of his father, the petitioner submitted a representation to the respondents to consider his case for appointment on compassionate grounds in any suitable post. The grievance of petitioner is that the respondents are not considering his case for appointment on compassionate grounds though the 3rd respondent vide proceedings dated 08.10.2018 directed the 4th respondent to take necessary action pursuant to the representation submitted by the petitioner on 25.08.2018. Therefore, the counsel for petitioner contended that appropriate orders be passed in the writ petition directing the respondents to consider the case of petitioner for appointment on compassionate grounds by duly taking into account the proceedings issued by the 3rd respondent on 08.10.2018.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner could not be considered on compassionate grounds as the original service record of petitioner's father is not traceable and the same is with the family members of the deceased employee. Unless and until the original service record of the deceased employee is available, the case of the petitioner cannot be considered. But, however, contended that the case of the petitioner will be examined and appropriate orders would be passed in accordance with law.

This Court, having considered the rival submissions, is of the considered view that the writ petition can be disposed of directing the respondents to consider the case of the petitioner for compassionate appointment by duly taking into account the proceedings issued by the 3rd respondent on 08.10.2018 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 30-01-2019 Prv