Smt.Kothuri Laxmi, Warangal Dist v. Prl Secy, Mun Admn Dept, Hyd And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.36359 OF 2015

ORDER

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not allotting any suitable job to the petitioner or her son under compassionate grounds in the 2nd respondent-Corporation based on the Award passed by the Lok Adalat on 30.07.2003 as arbitrary and illegal and consequently to direct the respondents to implement the said Award. Heard Sri V.Durga Nageswara Rao, learned counsel appearing for the petitioner, learned Government Pleader for Municipal Administration appearing for the 1st respondent and Smt Pingali Lakshmi, learned Standing Counsel for Warangal Municipality appearing for 2nd and 3rd respondents.

It is the case of the petitioner that her husband viz., Raja Mouli joined as Sanitary Worker in the 2nd respondentCorporation in 1977 and while working as such, he died on 26.6.1999. During his life time, the deceased had married one Sarojana without disclosing the same to the petitioner. However, after death of husband of the petitioner, the

petitioner and the 2nd wife-Sarojana had compromised the issue before the Lok Adalat and the Lok Adalat passed Award dated 30.07.2003 in O.P.No.43 of 2000 holding that both the parties are entitled to receive the pensionary benefits equally, and the petitioner is entitled to seek appointment on compassionate grounds.

Learned counsel appearing for the petitioner submits that though the petitioner has submitted a representation to the 2nd respondent seeking appointment on compassionate grounds, so far no orders have been passed thereon. Learned Standing Counsel appearing for the 2nd respondent contends that the Municipality has not received any representation and the 2nd respondent would consider the case of the petitioner if an appropriate application is submitted by duly enclosing the Award passed by the Lok Adalat in OP No.43 of 2000.

Having considered the rival submissions made by the learned counsel on either side, without expressing any opinion on the merits of the case, this Court feels it appropriate to dispose of the writ petition with liberty to the petitioner to submit a representation enclosing all the material papers, to the 2nd respondent within a period of two weeks from the date

of receipt of a copy of this order. As and when such representation is received, the 2nd respondent shall consider the same and pass appropriate orders, within a period of eight weeks thereafter, as per rules.

Accordingly, the Writ Petition is disposed of. No costs. ________________________________ JUSTICE ABHINAND KUMAR SHAVILI 16th April, 2018 rkk Note: Issue CC by one week.