Chilukuri Raja, v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3313 OF 2020 DATED :02.03.2020 Between :

Chilukuri Raja S/o.Late Lachaiah, Aged 26 yrs, Occu : Unemployed, R/o.Gopavaram Village, Konijerla Mandal, Khammam District.

..... Petitioner And The State of Telangana, Rep., by its Principal Secretary, (Municipal Administration), Secretariat, Hyderabad & another.

.....Respondents The Court made the following:

- 2 - HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3313 OF 2020 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Services III for learned Government Pleader appearing for Respondent No.1 and learned Standing Counsel appearing for Respondent No.2.

2.

The father of petitioner died on 27.06.2004, while he was working as Public Health Worker. As per the age disclosed by the petitioner, he was minor at that time below the age of 16 years. Later petitioner made a representation on 08.02.2018 to provide employment on compassionate grounds, consequent to the death of his father. It appears, there were inter se disputes among the family members of the deceased employee, resulting in claims and counter claims, opposing the claim of one another. Therefore, no effective requisition was made for provision of employment. The representation dated 08.02.2018 refers to compromise stated to have been arrived at by the family members of the deceased employee, on 12.05.2017 and thereafter, the said representation was made by the petitioner to provide employment to him. 3.

Though learned counsel for the petitioner sought to contend that as the inter se disputes were only resolved recently, therefore, petitioner could not venture to make request earlier, the fact remains that the employee died on 27.06.2004 and at the time of death, petitioner was less than 16 years. He is now aged 26 years. The application for provision of employment on compassionate ground is made 14 years, after the date of death. Compassionate appointment is to be provided to the dependants of the deceased

- 3 - employee only to save the family from the immediate financial difficulties on account of sudden death of the bread winner in the family. Therefore, such appointments should be claimed and provided immediately after the death, subject to fulfillment of other parameters. The employment on compassionate grounds is not a matter of right. It cannot be said any more that the family having survived for more than 15 years are still in need of employment on compassionate grounds.

4.

Further, as per the scheme of employment on compassionate ground, a person has to apply within one year from the date of death of employee and one more year of relaxation is given to a minor, who is less than 17 years. In other words, a minor can apply for provision of employment on compassionate grounds within two years from the date of death. Apparently, petitioner was a minor of less than 16 years and no such application was made within two years of the date of death of employee. Inter se disputes would not have detained him from making application for provision of employment.

5.

Be that as it may, even if application is made no relief as sought for can be granted after 15 years of the death of employee. The writ petition merits no consideration.

6.

Accordingly, the Writ Petition is dismissed.

Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 2nd March, 2020 Rds