S.Balanarsaiah v. The State Of Telangana,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.16684 of 2019

ORDER

This Writ Petition is filed seeking the following relief: "to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not appointing the petitioner on compassionate grounds in the place of his father in any one of the existing last grade post is illegal, arbitrary and voilative of the principles of natural justice and consequently direct the respondents to appoint the petitioner on compassionate grounds in the place of his father as per the proposals of the 4th respondent sent vide Lr.No.C2/1143/2012, dt 31.3.2016 to the 3rd respondent in terms of G.O.Ms.No.118, F&P Dept, dt 18.8.1999 with all attendant benefits and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard Sri P.Raghavender Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Services-II appearing for respondent Nos.1 to 3 and 5 and Sri N.Ramu, learned Standing Counsel appearing for respondent No.4.

It is the case of the petitioner that his father was employed on daily wage basis with the respondents and for

various reasons, the respondents have not regularized the services of father of the petitioner and his services were extended from time to time. While so, the 4th respondent sent proposals to the 3rd respondent for regularization of the workers, including the father of the petitioner, and in the mean time, his father expired on 05.04.2008. Hence, mother of the petitioner submitted a representation to the 4th respondent to consider the case of the petitioner for appointment on compassionate grounds in any one of the existing last grade post.

Learned counsel appearing for the petitioner submits that though the 4th respondent has sent proposals to the 3rd respondent on 31.03.2016 recommending the case of the petitioner for appointment on compassionate grounds, no action has been taken so far. Learned counsel further submits that the 3rd respondent be directed to pass appropriate orders on the proposals submitted by the 4th respondent in accordance with law.

Learned Government Pleader as well as learned Standing Counsel appearing for the respondents submits that the 3rd respondent would consider and pass appropriate orders on the proposals submitted by the 4th respondent to the 3rd respondent.

Having considered the rival submissions made by the learned counsel on either side, this Writ Petition can be disposed of directing the 3rd respondent to pass appropriate orders on the proposals dated 31.03.2016 submitted by the 4th respondent, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, pending, if any, shall stand closed.

___________________________________ JUSTICE ABHINAND KUMAR SHAVILI 6th August, 2019 rkk