Devarakonda Venkatesh v. M/S. Northern Power Distribution Company Of Telangana Ltd

[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 2610 OF 2024 Between:

Devarakonda Venkatesh, S/o. Late Sri D. Ramachandraiah, Aged about 30 Years, Occ. Unemployed, Rl/o. H. No. 1-55i2, Singaram Village and Mandal, Mehabubabad District, Telangana State ...PETITIONER AND

1. M/s. Northern Power Distribution Company of Telangana Ltd, (NPDCL) Rep by its Chairman, Hyderabad 2- The Superintendent Engineer NPDCL, Operations Circle, Warangal District, Telangana State 3- The Chief General Manager (HRD), NPDCL, Warangal, Telangana State

4. The Divisional Engineer, (Electricals) NPDCL, Mehabubabad District, Telangana State

5. Deputy Executive Engineer (Operations) NPDCL, Warangal District, Telangana State ...RESPONOENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, orders or direction, more particularly one in the nature of the Writ of Mandamus, declaring the action of the Respondents, in not considering the case of the Petitioner for appointing him for suitable post based on his qualifications as arbitrary, illegal, unjust and violative of Article 14, 16 and 21 of the Constitution of lndia and consequently held that the Petitioner is entitled to be appointed in any suitable post under contract basis in the Respondent's Corporation as per his qualification on compassionate ground with all consequential benefits.

lA NO: 1 OF 2024 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 Respondents to forthwith consider the case of the Petitioner for appointing him on compassionate ground by duly taking into consideration the representations dated 1 0-03-2022 and 19-05-2O23. ,/ Counsel for the Petitioner: SRI BONDEMPALI-Y RAMULU Counsel for the Respondents: SRI ZAKIR ALI DANIESH, SC FOR NPDCL The Court made the following: ORDER

THE HONOURABLE SRI JUSTTCE PULLA I{ARTHIK WRIT PETITION No.261O OF 2024 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "...to issue a writ order, orders or direction, more particularly one in the nature of the writ of Mandamus, declaring the action of the Respondents, in not considering the claim of the Petitioner for appointing him for suitable post on compassionate grounds based on his qualihcations as arbitrary, illegat, unjust and violative of Article 14, 16 and 21 of the Constitution of India and consequently held that the Petitioner is entitled to be appointed in any suitable post in the Respondents' Corporation as per his qualification on compassionate ground with all consequential benehts and to pass---" 2.

Heard Sri B. Ramulu, learned counsel appearing for the petitioner and Sri Zakir Ali Danish, learned Standing Counsel for Northern Power Distribution Company of Telangana Ltd., appearing on behalf o[ respondent Nos. 1 to 5.

3.

This Writ Petition is being disposed of at admission stage with the consent of the respective parties.

4.

Learned counsel appearing for the petitioner submits that the father of the petitioner was appointed as a Helper in the year 1989 in the respondent-Corporation. Later, while discharging his duties as a Junior Line-man on contract basis from the year 2OO2, the petitioner's father died on 01.08.2005 due to ill-health. The petitioner's mother is an I illiterate woman and the Petitioner and his siblings were children at that

P&J wp_2610-2024 petitioner has submitted a point of time. Thereafter, ort 21.11.2014, representation to respondent No.5 seeking appointment on compassionate grounds. However, no action was ta_ken thereon. \ \ Therefore, he has submitted his latest representations on 3O. 10.2O22 and 19.05.2023 seeking appointment on compassionate grounds. However, the said representations are still pending before the respondents. Therefore, learned counsel appearing for the petitioner prayed this.Court to direct the respondents to consider the latest representation of the petitioner dated 19.05.2O23 and pass appropriate orders thereon. 5.

Sri Zakir AIi Danish, learned Standing Counsel appearing for respondent Nos. I to 5, submits that the respondents will consider the representation of the petitioner dated L9.O5.2O23 and pass appropriate orders in accordance with law.

6.

In view of the above, without going into merits of the case, the Writ Petition is disposed of with a direction to respondent Nos.2 and 4 to consider the representation of the petitioner dated 19.05.2023 and pass appropriate orders thereon, in accordance with law, within a period of six (O6) weeks from the date of receipt of a copy of this order. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs.

Sd/- P. PADMANABHA R DY ASSISTANT REGI //TRUE COPY// SECTION FFICER To, The Superintendent Engineer NPDCL, Operations Circle, Warangal District, Telangana State The Divisional Engineer, (Electricals) NPDCL, Mehabubabad District, Telangana State One CC to Sri Bondempali y Ramulu, Advocate [OPUC] One CC to Sri Zaki r Ali Danish, SC for NPDCL[OPUC] T J Two CD Copi

t t HIGH COURT PK,J DATED:0610212024 1HE Sfe7.

R o lJ >7 C) 0 6 t'lnn 2924 .-\ f;g rS * * r)

ORDER

PATC A WP.No.261O of 2024 DISPOS!NG OF THE WRIT PETITION WITHOUT COSTS.