M.Narsimha Rao v. State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.9134 OF 2019

ORDER

This writ petition is filed seeking the following relief: "....to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th respondents in not considering the representation dated 24-01-2019 as illegal, arbitrary, violation of Article 14 of the Constitution of India and against the principles of natural justice and consequently direct respondent Nos. 3 to 5 to consider the application of the petitioner as per G.O.Ms.No.661, General Administration (Ser.G) Department, dated 23-10-2008 and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." Heard Sri Voosa Raghu, learned counsel appearing for the petitioner, and learned Government Pleader for Home appearing for the respondents.

It is the case of the petitioner that his father was employed as Police Constable. After retirement of his father on medical invalidation grounds on 22.09.2014, he submitted a representation dated 24.01.2019 seeking appointment on compassionate grounds in terms of G.O.Ms.No.661, dated 23.10.2008. But his case is not being considered. Learned counsel appearing for the petitioner submits that the 4th respondent-Superintendent of Police has addressed a letter to the Director General of Police-5th respondent on 27-06-2018 recommending the case of the

petitioner along with others for one time relaxation as 5% of the cadre strength for compassionate appointment has been fulfilled and there are no vacancies in the Unit and that appropriate orders be passed directing the respondents to consider the case of the petitioner for appointment on compassionate grounds in terms of G.O.Ms.No.661, dated 23.10.2008 and in view of the recommendation made by the 4th respondent to the 5th respondent vide letter dated 27.06.2018. Learned Government Pleader appearing for the respondents submits that the case of the petitioner would be considered and appropriate orders would be passed on the said representation in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition is disposed of directing the respondents to consider the representation submitted by the petitioner on 24.01.2019 and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 26th April, 2019 rkk