N.Goutam v. The State Of Teiangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23999 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " .....to issue a writ, order or direction more particularly one in the nature of writ mandamus declaring the action of the respondents in not providing the employment under the scheme of compassionate to one of the family members basing on the application dated 9.8.2019 for the death of father of petitioner in extremists violence (Naxalites) as per G.O.Ms.No.469 General Administration (Ser-A) Department, dated 08.11.1996 read with sub clause (b) of clause (2) in section 4 of the Telangana (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994 (Act No.

2,1994) as arbitrary, illegal and also violative of Articles 14, 16 and 21 of Constitution of India consequently direct the respondents to consider the case of the petitioner for providing employment as per G.O.Ms.No.504 General Administration (Ser-A) Department, dated 08.11.1996 read with relevant provisions to Petitioner No.3......" Heard Mr.B.H.R.Choudary, learned counsel for petitioner and the learned Government Pleader for GAD.

It has been contended by the petitioner that his father was killed by the extremists on 01.03.2002 and the State Government has taken a policy decision vide G.O.Ms.No.469 dated 08.11.1996 and G.O.Ms.No.50 dated 21.02.2014 to provide employment to the dependants of the deceased, who were killed by the extremists. The petitioner was minor at the time of death of his father. When the petitioner has attained majority, he has submitted representation on 09.08.2019 requesting the respondents to provide

employment in terms of G.O.Ms.No.469 dated 08.11.1996 and G.O.Ms.No.50 dated 21.02.2014. But, the respondents have not passed any orders on the said representation nor considered the case of the petitioner for appointment in any suitable post. Therefore, the counsel for petitioner contended that appropriate orders be passed in the writ petition directing the respondents to consider and pass appropriate orders on the representation submitted by the petitioner.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be considered and appropriate orders would be passed on the representation submitted by the petitioner.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the representation submitted by the petitioner on 09.08.2019 and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 05-11-2019 Prv